London Hackney Carriage Act 1853

1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 Ss. 1, 3 repealed by Statute Law Revision Act 1892 (c. 19)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

[F2 (1)] It shall be lawful for [F3 Transport for London] to cause an inspection to be made, as often as they deem it necessary, of all . . . F4 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,

[F5 which notice—

(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,]

[F3 Transport for London]shall have power to suspend, for such time as they may deem proper, the licence of the proprietor of such carriage . . . F6 .

[F7 (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). ]

Textual Amendments

F2 S. 2 renumbered as s. 2(1) (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 16(2)

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F4 Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt.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

F6 Words repealed by Statute Law Revision Act 1892 (c. 19)

F7 S. 2(2) inserted (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 16(4)

Modifications etc. (not altering text)

C1 S. 2 repealed as to tramcars and trolley vehicles by Metropolitan Public Carriage Act 1869 (c. 115, SIF 107:1), s. 15 and S.R. & O. 1933/629 (Rev. XX, p. 441: 1933, p. 1772)

C2 “the said Commissioners of Police” means the Commissioners of Police of the Metropolis

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8 U.K.

Textual Amendments

F8 Ss. 1, 3 repealed by Statute Law Revision Act 1892 (c. 19)

4—6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9 U.K.

Textual Amendments

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. U.K.

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 .

Textual Amendments

F10 Proviso repealed by Statute Law (Repeals) Act 1973 (c. 39), Sch. 1 Pt.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

Modifications etc. (not altering text)

C3 Power to amend s. 7 given by London Cab Act 1968 (c. 7, SIF 107:1), s. 2(1)

C4 S. 7 amended by S. I. 1972/1047

C5 S. 7 modified by S.I. 1986/1387 art.4(2)

8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11 U.K.

Textual Amendments

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. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12 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.

Textual Amendments

F12 Words repealed by Statute Law Revision Act 1892 (c. 19)

Modifications etc. (not altering text)

C6 S. 9 repealed so far as it relates to tramcars or trolley vehicles by Transport Charges &c. (Miscellaneous Provisions) Act 1954 (c. 64), s. 14(1), Sch. 2 Pt. IV

C7 S. 9 modified by S.I. 1986/1387 art. 4(2)

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

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 .

Textual Amendments

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

Modifications etc. (not altering text)

C8 S. 10 modified by S.I. 1987/1387 art. 4(2)

11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F14 U.K.

Textual Amendments

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

F15 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

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

F16 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

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

14, 15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F17 U.K.

Textual Amendments

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

16 Advertising vehicles, &c., prohibited. U.K.

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. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 the driver of any hackney carriage, who shall. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F18 commit any of the following offences within the limits of this Act, shall be liable to a penalty not exceeding [F19 level 3 on the standard scale], for each offence, . . . F20 .

(1) Every driver of a hackney carriage who shall demand or take more than the proper fare . . . F21 , 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 [F22 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:

(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 .

Textual Amendments

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

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

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

Modifications etc. (not altering text)

C9 Unreliable marginal note.

C10 S. 17 excluded (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 9(3), 10(4)

C11 S. 17(1) modified by S.I.1986/1387 art. 4(2)

C12 S. 17(2) restricted by S. R. & O. 1934/1346 (Rev. XIV, p. 795: 1934 I, p. 1236), art. 31

C13 Power to amend s. 17(2) given by London Cab Act 1968 (c. 7), s. 2(1); amended by S. I. 1972/1047

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

It shall be lawful for [F24 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; F25 . . . F26 . . . . . . F27 .

Textual Amendments

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

Modifications etc. (not altering text)

C14 S. 18 amended (E.W.)(1.4.1996) by S.I. 1996/674, reg. 2, Sch. Pt. II para. 5(2)(i)

S. 18 amended (1.4.1996) by S.I. 1996/675, regs. 2, Sch. Pt. II para. 7(2)(i)

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

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 [F28 level 1 on the standard scale], . . . F29

Textual Amendments

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. U.K.

[F30 In this Act] the words “the limits of this Act” shall include every part of the Metropolitan Police District and City of London.

Textual Amendments

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. U.K.

This Act shall be construed as one Act with the M1 London Hackney Carriages Act, 1843, and the M2 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.

Marginal Citations

M1 1843 c. 86(107:1).

M2 1850 c. 7(107:1)

22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31 U.K.

Textual Amendments

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