C1C2C3C4Part II Hackney carriages and private hire vehicles

Annotations:
Modifications etc. (not altering text)
C3

Pt. II(ss. 45–80) applied with modifications by S.I. 1986/567, regs. 3, 4

C4

Pt. II (ss. 45-80) extended (1.4.2000) by 1999 c. 29, s. 255(1)(4); S.I. 2000/801, art. 2(2)(a), Sch. Pt. 1

Pt. II (ss. 45-80) excluded (1.7.2001) by 1981 c. 14, s. 79A(1)(a) (as inserted (1.7.2001) by 2000 c. 38, s. 265(2); S.I. 2001/1498, art. 3)

80 Interpretation of Part II.

1

In this Part of this Act, unless the subject or context otherwise requires—

  • “the Act of 1847” means the provisions of the M1Town Police Clauses Act 1847 with respect to hackney carriages;

  • “the Act of 1936” means the M2Public Health Act 1936;

  • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

  • “authorised officer” means any officer of a district council authorised in writing by the council for the purposes of this Part of this Act;

  • “contravene” includes fail to comply;

  • “controlled district” means any area for which this Part of this Act is in force by virtue of a resolution passed by a district council under section 45 of this Act;

  • “daily fine” means a fine for each day during which an offence continues after conviction thereof;

  • “the district”, in relation to a district council in whose area the provisions of this Part of this Act are in force, means—

a

if those provisions are in force throughout the area of the council, that area; and

b

if those provisions are in force for part only of the area of the council, that part of that area;

  • “driver’s badge” means, in relation to the driver of a hackney carriage, any badge issued by a district council under byelaws made under section 68 of the Act of 1847 and, in relation to the driver of a private hire vehicle, any badge issued by a district council under section 54 of this Act;

  • “driver’s licence” means, in relation to the driver of a hackney carriage, a licence under section 46 of the Act of 1847 and, in relation to the driver of a private hire vehicle, a licence under section 51 of this Act;

  • “hackney carriage” has the same meaning as in the Act of 1847;

  • “hackney carriage byelaws” means the byelaws for the time being in force in the controlled district in question relating to hackney carriages;

  • F2“London cab” means a vehicle which is a hackney carriage within the meaning of the Metropolitan Public Carriage Act M31869;

  • “operate” means in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle;

  • “operator’s licence” means a licence under section 55 of this Act;

  • “private hire vehicle” means a motor vehicle constructed or adapted to seat F3fewer than nine passengers, other than a hackney carriage or public service vehicle F4or a London cabF5or tramcar, which is provided for hire with the services of a driver for the purpose of carrying passengers;

  • “proprietor” includes a part-proprietor and, in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement;

  • “public service vehicle” has the same meaning as in F6the M4 Public Passenger Vehicles Act 1981;

  • “taximeter” means any device for calculating the fare to be charged in respect of any journey in a hackney carriage or private hire vehicle by reference to the distance travelled or time elapsed since the start of the journey, or a combination of both; and

  • “vehicle licence” means in relation to a hackney carriage a licence under sections 37 to 45 of the Act of 1847 F7in relation to a London cab a licence under section 6 of the Metropolitan Public Carriage Act 1869and in relation to a private hire vehicle means a licence under section 48 of this Act.

2

In this Part of this Act references to a licence, in connection with a controlled district, are references to a licence issued by the council whose area consists of or includes that district, and “licensed” shall be construed accordingly.

3

Except where the context otherwise requires, any reference in this Part of this Act to any enactment shall be construed as a reference to that enactment as applied, extended, amended or varied by, or by virtue of, any subsequent enactment including this Act.