Byelaws. Conditions, Relevant Legislation and Guidelines

HACKNEY CARRIAGES

BYELAWS. CONDITIONS, RELEVANT LEGISLATION AND GUIDELINES

CONTENTS

1. Byelaws

1. Town Police Clauses Act 1847

1. Local Government (Miscellaneous Provisions) Act 1976

1. Hackney Carriage Vehicle Conditions of Licence

1. Advice on Meeting the Needs of Disabled Passengers

6. Guidelines Relating to the Relevance of Convictions

BYELAWS FOR HACKNEY CARRIAGES

Made under section 68 of the Town Police Clauses Act 1847, and section 171 of the Public Health Act 1875, by Northampton Borough Council with respect to hackney carriages in the borough of Northampton.

INTERPRETATION

1. Throughout these byelaws “the Council” means Northampton Borough Council and “the district” means the borough of Northampton.

PROVISIONS REGULATING THE MANNER IN WHICH THE NUMBER OF EACH HACKNEY CARRIAGE CORRESPONDING WITH THE NUMBER OF ITS LICENCE, SHALL BE DISPLAYED

2. (a) The proprietor of a hackney carriage shall cause the number of the licence granted to him in respect of the carriage to be legibly painted or marked on the outside and inside of the carriage, or on plates affixed thereto.

(b) A proprietor or driver of a hackney carriage shall:-

(i) not wilfully or negligently cause or suffer any such number to be concealed from public view while the carriage is standing or plying for hire; and

(ii) not cause or permit the carriage to stand or ply for hire with any such painting marking or plate so defaced that any figure or material particular is illegible.

PROVISIONS REGULATING HOW HACKNEY CARRIAGES ARE TO BE FURNISHED OR PROVIDED

3. The proprietor of a hackney carriage shall:-

(a) provide sufficient means by which any person in the carriage may communicate with the driver;

(b) cause the roof or covering to be kept water-tight;

(c) provide any necessary windows and a means of opening and closing not less than one window on each side;

(d) cause the seats to be properly cushioned or covered;

(e) cause the floor to be provided with a proper carpet, mat or other suitable covering;

(f) cause the fittings and furniture generally to be kept in a clean condition, well maintained and in every way fit for public service;

(g) provide means for securing luggage if the carriage is so constructed as to carry luggage;

(h) provide an efficient fire extinguisher which shall be carried in such a position as to be readily available for use; and

(i) provide at least two doors for the use of persons conveyed in such carriage and a separate means of ingress and egress for the driver.

4. The proprietor of a hackney carriage shall cause any taximeter with which the carriage is provided to be so constructed, attached and maintained as to comply with the following requirements, that is to say:-

(a) the taximeter shall be fitted with a key, flag or other device the turning of which will bring the machinery of the taximeter into action and cause the word “HIRED” to appear on the face of the taximeter;

(b) such key, flag or other device shall be capable of being locked in such a position that the machinery of the taximeter is not in action and that no fare is recorded on the face of the taximeter;

(c) when the machinery of the taximeter is in action there shall be recorded on the face of the taximeter in clearly legible figures, a fare not exceeding the rate or fare which the proprietor or driver is entitled to demand and take for the hire of the carriage by time as well as for distance in pursuance of the tariff fixed by the Council;

(d) the word “FARE” shall be printed on the face of the taximeter in plain letters so as clearly to apply to the fare recorded thereon;

(e) the taximeter shall be so placed that all letters and figures on the face thereof are at all times plainly visible to any person being conveyed in the carriage, and for that purpose the letters and figures shall be capable of being suitably illuminated during any period of hiring; and

(f) the taximeter and all the fittings thereof shall be so affixed to the carriage with seals or other appliances that it shall not be practicable for any person to tamper with them except by breaking, damaging or permanently displacing the seals or other appliances.

PROVISIONS REGULATING THE CONDUCT OF THE PROPRIETORS AND DRIVERS OF HACKNEY CARRIAGES PLYING WITHIN THE DISTRICT IN THEIR SEVERAL EMPLOYMENTS, AND DETERMINING WHETHER SUCH DRIVERS SHALL WEAR ANY AND WHAT BADGES

1. The driver of a hackney carriage provided with a taximeter shall:-

(a) when standing or plying for hire, keep the key, flag or other device fitted in pursuance of the byelaw in that behalf locked in the position in which no fare is recorded on the face of the taximeter;

(b) before beginning a journey for which a fare is charged for distance and time, bring the machinery of the taximeter into action by moving the said key, flag or other device so that the word “HIRED” is legible on the face of the taximeter and keep the machinery of the taximeter in action until the termination of the hiring; and

(c) cause the dial of the taximeter to be kept properly illuminated throughout any part of a hiring which is between half-an-hour after sunset and half-an-hour before sunrise, and also at any other time at the request of the hirer.

A proprietor or driver of a hackney carriage shall not tamper with or permit any person to tamper with any taximeter with which the carriage is provided, with the fittings thereof, or with the seals affixed thereto.

7. The driver of a hackney carriage shall, when plying for hire in any streetand not actually hired:-

(a) proceed with reasonable speed to one of the stands appointed by the Council;

(b) if a stand, at the time of his arrival, is occupied by the full number of carriages authorised to occupy it, proceed to another stand;

(c) on arriving at a stand not already occupied by the full number of carriages authorised to occupy it, station the carriage immediately behind the carriage or carriages on the stand and so as to face in the same direction; and

(d) from time to time, when any other carriage immediately in front is driven off or moved forward cause his carriage to be moved forward so as to fill the place previously occupied by the carriage driven off or moved forward.

8 A proprietor or driver of a hackney carriage, when standing or plying for hire, shall not make use of the services of any other person for the purpose of importuning any person to hire such carriage.

9 The driver of a hackney carriage shall behave in a civil and orderly manner and shall take all reasonable precautions to ensure the safety of persons conveyed in or entering or alighting from the vehicle.

10 The proprietor or driver of a hackney carriage who has agreed or has been hired to be in attendance with the carriage at an appointed time and place shall, unless delayed or prevented by some sufficient cause, punctually attend with such carriage at such appointed time and place.

11 The proprietor or driver of a hackney carriage shall not convey or permit to be conveyed in such carriage any greater number of persons that the number of persons specified on the plate affixed to the outside of the carriage.

12 If a badge has been provided by the Council and delivered to the driver of a hackney carriage he shall, when standing or plying for hire, and when hired, wear that badge in such position and manner as to be plainly visible.

13 The driver of a hackney carriage so constructed as to carry luggage shall, when requested by any person hiring or seeking to hire the carriage:-

(a) convey a reasonable quantity of luggage;

(b) afford reasonable assistance in loading and unloading; and

(c) afford reasonable assistance in removing it to or from the entrance of any building, station or place at which he may take up or set down such person.

PROVISIONS FIXING THE RATES OR FARES TO BE PAID FOR HACKNEY CARRIAGES WITHIN THE DISTRICT AND SECURING THE DUE PUBLICATION OF SUCH FARES

14. The proprietor or driver of a hackney carriage shall be entitled to demand and take for the hire of the carriage the rate or fare prescribed by the Council, the rate or fare being calculated by a combination of distance and time unless the hirer express at the commencement of the hiring his desire to engage by time.

Provided always that where a hackney carriage furnished with a taximeter shall be hired by distance and time the proprietor or driver thereof shall not be entitled to demand and take a fare greater than that recorded on the taximeter, save for any extra charges authorised by the Council which it may not be possible to record on the face of the taximeter.

15. (a) The proprietor of a hackney carriage shall cause a statement of the fares fixed by council resolution to be exhibited inside the carriage, in clearly distinguishable letters and figures.

(b) The proprietor or driver of a hackney carriage bearing a statement of fares in accordance with this byelaw shall not wilfully or negligently cause or suffer the letters or figures in the statement to be concealed or rendered illegible at any time while the carriage is plying or being used for hire.

PROVISIONS SECURING THE SAFE CUSTODY AND RE-DELIVERY OF ANY PROPERTY ACCIDENTALLY LEFT IN HACKNEY CARRIAGES, AND FIXING THE CHARGES TO BE MADE IN RESPECT THEREOF

16. The proprietor or driver of a hackney carriage shall immediately after the termination of any hiring or as soon as practicable thereafter carefully search the carriage for any property which may have been accidentally left therein.

17. The proprietor or driver of a hackney carriage shall, if any property accidentally left therein by any person who may have been conveyed in the carriage be found by or handed to him:-

(a) carry it as soon as possible and in any event within 48 hours if not sooner claimed by or on behalf of its owner, to the office of the Council and leave it in the custody of the officer in charge of the office on his giving a receipt for it; and

(b) be entitled to receive from any person to whom the property shall be re-delivered an amount equal to five pence in the pound of its estimated value (or the fare for the distance from the place of finding to the office of the Council, whichever be the greater) but not more than five pounds.

PENALTIES

18. Every person who shall offend against any of these byelaws shall be liable on summary conviction to a fine not exceeding Level 2 on the Standard Scale and in the case of a continuing offence to a further fine not exceeding two pounds for each day during which the offence continues after conviction therefor.

REPEAL OF BYELAWS

19. The byelaws relating to hackney carriages which were made by Northampton Borough Council on the 31 day of January 1977 and which were confirmed by Secretary of State of the Home Office on the 4 day of March 1977 are hereby repealed.

THE COMMON SEAL of

NORTHAMPTON BOROUGH COUNCIL

was hereunto affixed this ………. day of …………. in the presence of:-

Signed:

………………………………………….

Francis Fernandes

Solicitor to the Council

OTHER RELEVANT LEGISLATION:-

Town Police Clauses Act 1847 and Local Government (Miscellaneous Provisions) Act 1976.

Under the 1976 Act, there are a number of offences relating to both hackney carriages and private hire vehicles. Again, enforcement falls to the local authority, but the 1976 Act introduces the concept of an authorised officer.

This is defined in section 80 as: ‘“authorised officer” means any officer of a district council authorised in writing by the council for the purposes of this Part of the Act;’

Your attention is drawn to the following offences relating to Hackney Carriage Proprietors, Drivers and Vehicles.

Level 1 / Level 2 / Level 3 / Level 4 / Level 5
£200 / £500 / £1,000 / £2,500 / £5,000

TOWN POLICE CLAUSES ACT 1847

SectionOffenceMaximum Penalty

40 Giving false information on application for hackney Level1

carriage proprietor’s licence

44 Failure to notify change of address of hackney carriageLevel 1

Proprietor

45 Plying for hire without a hackney carriage proprietor’s Level 1

licence

47 Driving a hackney carriage without a hackney carriage Level 4

driver’s licence

47 Lending or parting with a hackney carriage driver’sLevel 3

licence

47 Hackney carriage proprietor employing unlicensed driverLevel 3

48 Failure by hackney carriage proprietor to hold hackney Level 1

carriage driver’s licence

48 Failure by hackney carriage proprietor to produceLevel 1

hackney carriage driver’s licence

52 Failure to display hackney carriage plate Level 1

53 Refusal to take a fare Level 2

54 Charging more than the agreed fare Level 1

SectionOffenceMaximum Penalty

55 Obtaining more than the legal fare Level 3 &1 month

imprisonment until the

excess is refunded

56 Travelling less than the lawful distance for an agreed fareLevel1

57 Failing to wait after a deposit to wait has been paidLevel 1

58 Charging more than the legal fare Level 3

59 Carrying other person than the hirer without consentLevel 1

60Driving a hackney carriage without proprietors consentLevel 1

60Person allowing another to drive a hackney carriage without Level 1

proprietors consent

61 Drunken driving of hackney carriage Level 1

61 Wanton or furious driving or wilful misconduct leading to injuryLevel 1

or danger

62 Driver leaving hackney carriage unattendedLevel 1

64 Hackney Carriage driver obstructing other hackney carriagesLevel 1

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1976

SectionOffence Maximum Penalty

49 Failure to notify transfer of hackney carriage proprietor’s licence Level 3 (by virtue

within 14 days. of section 76)

50(1) Failure to present hackney carriage for inspection as requiredLevel 3 (by virtue

of section 76)

50(2)Failure to inform Local Authority where hackney carriage isLevel 3 (by virtue

Stored if requestedof section 76)

50(3) Failure to report an accident to Local Authority within 3 days. Level 3 (by virtue

of section 76)

50(4Failure to produce hackney carriage proprietor’s licence and Level 3 (by virtue

Insuranceof section 76

53(3) Failure to produce hackney carriage driver’s licence within 7 Level 3 (by virtue

days. of section 76)

57Making false statement or withholding information to obtain aLevel 3 (by virtue

hackney carriage drivers licenceof section 76)

SectionOffence Maximum Penalty

58(2)Failure to return plate after notice given after expiry, Level 3 (by virtue

revocation or suspension of hackney carriage proprietor’sof section 76)

licence within 7 days

61(2)Failure to surrender drivers licence after suspension,Level 3 (by virtue

revocation or refusal to renew of section 76)

64 Permitting any vehicle other than hackney carriage to waitLevel 3 (by virtue

on a hackney carriage standof section 76

66Charging more than the meter fare for a journey endingLevel 3 (by virtue

outside the district, without prior agreementof section 76)

67Charging more than the meter fare when hackney carriageLevel 3 (by virtue

used as private hire vehicleof section 76)

69Unnecessarily prolonging a journeyLevel 3 (by virtue

Of section 76)

71Interfering with a taximeter Level 3 (by virtue

of section 76)

73 (1) Any person who –

(a) wilfully obstructs an authorised officer or constableLevel 3 (by virtue

acting in pursuance of this Part of this Act or the Act of of section 76)

1847; or

(b) without reasonable excuse fails to comply with anyLevel 3 (by virtue

requirement properly made to him by such officer or of section 76)

constable under this Part of this Act; or

(c ) without reasonable cause fails to give such an officer Level 3 (by virtue

or constable so acting, any other assistance orsection 76)

information which he may reasonably require of such

person for the purpose of the performance of his functions

under this Part of this Act or the Act of 1847;

shall be guilty of an offence

(2)If any person, in giving any such information as is mentioned in the preceding subsection, makes any statement which he knows to be false, he shall be guilty of an offence.”

It can be seen that an authorised officer is a person appointed by the district council to act on their behalf, in relation to enforcement activities under the 1976 and 1847 Acts. It will be necessary for such an officer to demonstrate his authorisation, if required, and that authorisation must be in writing to satisfy the requirements of section 80.

HEALTH ACT 2006

Chapter 1, Part 1 Offence of smoking in smoke-free place.

(1) In this section, a “smoke-free place” means any of the following—

(a)premises, so far as they are smoke-free under or by virtue of sections 2 and 3 (including premises which by virtue of regulations under section 3(5) are smoke-free except in relation to performers),

(b)a place, so far as it is smoke-free by virtue of section 4,

(c)a vehicle, so far as it is smoke-free by virtue of section 5.

(2)A person who smokes in a smoke-free place commits an offence.

THE ROAD VEHICLES (Construction and Use) (Amendment) (No. 4) Regulations 2003

Amendment of the Road Vehicles (Construction and Use) Regulations 1986

(2). The Road Vehicles (Construction and Use) Regulations 1986(2) are amended by inserting after regulation 109—

“Mobile telephones

110.—(1) No person shall drive a motor vehicle on a road if he is using—

(a) a hand-held mobile telephone; or

(b) a hand-held device of a kind specified in paragraph (4).

(c)

NOTE: Whilst operating a hands free device is not unlawful, the Council does not encourage its use and advises drivers stop in a safe place to make and receive calls.

HACKNEY CARRIAGE VEHICLE CONDITION OF LICENCE

The Hackney Carriage Vehicle Licence is granted to you subject to you complying with the following conditions of licence.

Failure to comply with any of the conditions may lead to prosecution or could lead to your licence being suspended, revoked or not being renewed.

1. MAINTENANCE OF VEHICLE

(a) The vehicle and all its fittings and equipment must at all times when the vehicle is in use or available for hire be kept in an efficient, safe, tidy and clean condition and all the relevant statutory requirements including in particular those contained in Motor Vehicles (Construction and Use Regulations) must be fully complied with.

(b) That a spare wheel or other approved manufacturer’s device is provided readily available for use together with the tools and equipment required to carry out an emergency repair.

(c) That a complete set of replacement light bulbs are readily available.

1. DRIVER’S LICENCE

The proprietor must, before a driver commences to drive the vehicle, satisfy themself that the driver has a valid Hackney Carriage Driver’s Licence and a valid Hackney Carriage Vehicle Licence. This must include a personal check of the aforementioned Licenses issued by the Council.

NOTE: LICENCE RENEWAL/REMINDERS

Please note that licence renewals/reminders are sent purely as a courtesy. The responsibility for renewal rests with the licence holder.