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) [F3or section 109(1)]of that Act to drive in Great Britain a motor car.]

F4(1A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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

F1S. 59(1)(b) substituted (1.1.1997) by S.I. 1996/1974, reg. 5, Sch. 4 para. 2(4)

F2By S.I. 1996/1974, reg. 5 Sch. 4 para. 2(5) it is provided that in s. 59 subsection (1A) shall be inserted after subsection (1)

F3Words in s. 59(1A)(b) inserted (5.9.1988) by S.I. 1998/1946, art. 3

F4S. 59(1A) repealed (1.4.1998) by 1997 c. 50, s. 134(1)(2), Sch. 9 para. 34, Sch. 10

Modifications etc. (not altering text)

C1S. 59: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B4