London Hackney Carriage Act 1853 (1853 c. 33)

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F1] Ss. 1, 3 repealed by Statute Law Revision Act 1892 (c. 19)

2 Commissioners of Police may cause carriages, &c., to be inspected, and if not in fit condition may suspend licences, and recall stamp office plate.

(1) It shall be lawful for Transport for London to cause an inspection to be made, as often as they deem it necessary, of all . . . hackney carriages, and of the horse or horses used in drawing the same, within the limits of this Act; and if any such carriage, or the horse or horses used in drawing the same, shall at any time be in a condition unfit for public use, the said commissioners shall give notice in writing accordingly to the proprietor thereof,

which notice—

[F3] Words in s. 2 substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20, Pt. I para. 3(1)(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c); Sch. Pt. III

[F4] Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII

[F5] Words in s. 2(1) substituted (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 16(3)

(a) shall be personally served on the proprietor or delivered at his usual place of residence, and

(b) may be personally served on the driver of the carriage;

and if, after notice has been served on the proprietor or driver as mentioned in paragraph (a) or (b), the carriage is used or let to hire as a hackney carriage, or the horse is, or the horses are, used or let, whilst in a condition unfit for public use,

Transport for Londonshall have power to suspend, for such time as they may deem proper, the licence of the proprietor of such carriage . . . .

[F3] Words in s. 2 substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20, Pt. I para. 3(1)(2) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c); Sch. Pt. III

[F6] Words repealed by Statute Law Revision Act 1892 (c. 19)

(2) A proprietor of a hackney carriage whose licence is suspended under subsection (1) shall not be guilty of an offence under section 7 of the Metropolitan Public Carriage Act 1869 (c. 115) in respect of the carriage unless he has been given written notice in accordance with subsection (1).

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8] Ss. 1, 3 repealed by Statute Law Revision Act 1892 (c. 19)

4—6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F9] Ss. 4–6 repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VI

7 As to distances drivers of hackney carriages shall be required to drive.

The driver of every hackney carriage which shall ply for hire at any place within the limits of this Act shall (unless such driver have a reasonable excuse, to be allowed by the justice before whom the matter shall be brought in question,) drive such hackney carriage to any place to which he shall be required by the hirer thereof to drive the same, not exceeding six miles from the place where the same shall have been hired, or for any time not exceeding one hour from the time when hired: . . . .

[F10] Proviso repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VI

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F11] Ss. 8, 22 repealed by Statute Law Revision Act 1892 (c. 19)

9 Number of persons to be carried to be painted or marked on hackney carriage.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the driver of any such hackney carriage shall, if required by the hirer thereof, carry in and by such carriage the number of persons painted or marked thereon, or any less number of persons.

[F12] Words repealed by Statute Law Revision Act 1892 (c. 19)

10 As to quantity of luggage to be carried without extra charge.

The driver of every hackney carriage within the limits of this Act shall carry in or upon such carriage a reasonable quantity of luggage for every person hiring such carriage . . . .

[F13] Words repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VI

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14] Ss. 11, 14, 15 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII

12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F15] S. 12 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1, Pt. XV.

13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F16] S. 13 repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1, Pt. XV.

14, 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F17] Ss. 11, 14, 15 repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII

16 Advertising vehicles, &c., prohibited.

It shall not be lawful for any person to carry about on any carriage or on horseback or on foot, in any thoroughfare or public place within the limits of this Act, to the obstruction or annoyance of the inhabitants or passengers, any picture, placard, notice, or advertisement, whether written, printed, or painted upon or posted or attached to any part of such carriage, or on any board, or otherwise.

17 †Drivers and conductors of metropolitan stage carriages and drivers of hackney carriages, liable to penalties for offences herein named.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . the driver of any hackney carriage, who shall. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . commit any of the following offences within the limits of this Act, shall be liable to a penalty not exceeding level 3 on the standard scale, for each offence, . . . .

[F18] Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII

[F18] Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII

[F19] Words substituted by virtue of Criminal Justice Act 1967 (c. 80, SIF 39:1), Sch. 3 Pt. I and Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39, 46, Sch. 3

[F20] Words repealed by Summary Jurisdiction Act 1884 (c. 43), Sch. and Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII

(1) Every driver of a hackney carriage who shall demand or take more than the proper fare . . . , or who shall refuse to admit and carry in his carriage the number of persons painted or marked on such carriage or specified in the certificate granted by Transport for London in respect of such carriage, or who shall refuse to carry by his carriage a reasonable quantity of luggage for any person hiring or intending to hire such carriage:

[F21] Words repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VI

[F22] Words in s. 17(1) substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 3(1)(3) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III

(2) Every driver of a hackney carriage who shall refuse to drive such carriage to any place within the limits of this Act, not exceeding six miles, to which he shall be required to drive any person hiring or intending to hire such carriage, or who shall refuse to drive any such carriage for any time not exceeding one hour, if so required by any person hiring or intending to hire such carriage, or who shall not drive the same at a reasonable and proper speed, not less than six miles an hour, except in cases of unavoidable delay, or when required by the hirer thereof to drive at any slower pace:

(3) Every driver of a hackney carriage who shall ply for hire with any carriage or horse which shall be at the time unfit for public use . . . .

[F23] Words repealed by Statute Law Revision Act 1892 (c. 19)

18 Power to police, magistrates or Justices of the Peace to hear and determine offences.

It shall be lawful for two justices of the peace to hear and determine all offences against the provisions of this Act, and also all disputes or causes of complaint that may arise out of the same; . . . . . . . . . .

[F24] Words in s. 18 substituted (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 8(a) (with s. 107, Sch. 14 para. 7(2)); S.I. 2000/1920, art. 3(a)

[F25] Words in s. 18 repealed (31.8.2000) by 1999 c. 22, s. 78, Sch. 11 para. 8(b), Sch. 15 Pt. V(3) (with s. 107, Sch. 14 paras. 7(2), 36(9)); S.I. 2000/1920, art. 3(a)

[F26] Words in s. 18 repealed (27.9.1999) by 1999 c. 22, s. 106, Sch. 15 Pt. V(1) (with s. 107, Sch. 14 para. 7(2), 36(9))

[F27] Words repealed by London Cab Act 1896 (c. 27), s. 2

19 Penalty for offences against this Act for which no penalty is appointed.

For every offence against the provisions of this Act, for which no special penalty is herein-before appointed, the offender shall be liable to a penalty not exceeding level 1 on the standard scale, . . .

[F28] Words substituted by virtue of Criminal Justice Act 1967 (c. 80, SIF 39:1), Sch. 3 Pt. I and Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

[F29] Words repealed by Summary Jurisdiction Act 1884 (c. 43), Sch. and Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII

20 Meaning of certain words used in this Act.

In this Act the words “the limits of this Act” shall include every part of the Metropolitan Police District and City of London.

[F30] Words in s. 20 substituted (3.7.2000) by 1999 c. 29, s. 253, Sch. 20 Pt. I para. 3(1)(4) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(c), Sch. Pt. III

21 This Act to be construed with 6 & 7 Vict. c. 86, 13 & 14 Vict. c. 7.

This Act shall be construed as one Act with the London Hackney Carriages Act, 1843, and the London Hackney Carriages Act 1850; and all the provisions of the said Acts, except so far as is herein otherwise provided, shall extend to this Act, and to all things done in execution of this Act.

[M1] 1843 c. 86(107:1).

[M2] 1850 c. 7(107:1)

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F31] Ss. 8, 22 repealed by Statute Law Revision Act 1892 (c. 19)

SCHEDULE (A.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F32] Sch. (A.) repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt. VI

SCHEDULES (B.) and (C.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F33] Schs. (B.), (C.) repealed by Statute Law Revision Act 1892 (c. 19)