Local Government (Miscellaneous Provisions) Act 1976

59 Qualifications for drivers of hackney carriages. E+W

(1) Notwithstanding anything in the Act of 1847, a district council shall not grant a licence to drive a hackney carriage—

(a) unless they are satisfied that the applicant is a fit and proper person to hold a driver’s licence; or

[F1 (b) to any person who has not for at least twelve months been authorised to drive a motor car, or is not at the date of the application for a driver’s licence so authorised.]

[F2 (1A) For the purposes of subsection (1) of this section a person is authorised to drive a motor car if—

(a) he holds a licence granted under Part III of the Road Traffic Act 1988 (not being a provisional licence) authorising him to drive a motor car, or

(b) he is authorised by virtue of section 99A(1) of that Act to drive in Great Britain a motor car.]

[F3 (1A) For the purpose of satisfying themselves as to whether an applicant is a fit and proper person to hold a driver’s licence, a council may send to the chief officer of police for the police area in which the council is situated—

(a) a copy of that person’s application, and

(b) a request for the chief officer’s observations;

and the chief officer shall respond to the request.]

(2) Any applicant aggrieved by the refusal of a district council to grant a driver’s licence on the ground that he is not a fit and proper person to hold such licence may appeal to a magistrate’s court.

Textual Amendments

F1 S. 59(1)(b) substituted (1.1.1997) by S.I. 1996/1974, reg. 5, Sch. 4 para. 2(4)

F2 By S.I. 1996/1974, reg. 5 Sch. 4 para. 2(5) it is provided that in s. 59 subsection (1A) shall be inserted (1.1.1997) after subsection (1)

F3 S. 59(1A) inserted (1.4.1992) by Road Traffic Act 1991 (c. 40, SIF 107:1), s. 47(1); S.I. 1992/421, art. 2, Sch.