Taxi Driver Online

Hello JD,

Q. In the meantime I would be obliged if you could produce to me a copy of any legislation that states a council cannot make an administration charge for issuing a licence?
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ANS. I would again point out that such powers were removed as from 1st January 1921, under para 14 -1(b) of the Roads Act 1920.
when the LA's were funded for their loss of revenue by a charge set against the Road Fund account - licensing is an administrative function.
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Q. Parliament. For the purpose of licensing Hackney carriage and Private hire vehicles a licensing authority is not subordinate to the Sec of State for Transport. The 1847 and 1976 acts bestow an administrative right on councils to regulate both Hackney carriage and private hire vehicles and drivers. This right can only be changed by Parliament, there is a difference which I am sure you are aware between a statutory instrument and an act of parliament. For the purpose of licensing hackney carriages or private hire vehicles the Secretary of State has no power to intervene in that process. There is no SI on the statute that gives the secretary of State the power to alter section 37 of the 1847 act.
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ANS. Above you are citing Horse cab legislation - LA's may indeed regulate HC and PH , but there remains no authority for LA's to demand fee's from motor vehicle owners, as these have already been collected within the VEL, the only exception being in the case of an application for a licence for a horse cab, for which they may still charge a fee.

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Q. I'm off out, I'll carry this on when I get back, hopefully with your initial enquiry but you never gave me which volume of the fourth edition so I will have to do some digging.
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ANS. Halesburys STATUTES of England and Wales 4th Edition 1995. Vol 38 Road Traffic.
Metropolitan Public Carriage Act 1869
See the notes attached to para 6 "Grant of Hackney Carriage licences"
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My apologies for the layout of the above, but I am not conversant with the formating when using this forum.

Regards,
Jeff

Jeff, I have it.

I'll write it up tomorrow. It is indeed volume 38. It was issued in 2001 and incorporates the years 1987 - 1997. However it doesn't give any clarity to the position you hold in respect of Hackney carriages being exempt.

Regards

JD

same in brighton.
never get a mot just a A4 piece of paper that the post office have no problem with.
its a good way of doing it because you dont need to buy a mot certificate as well.
cant understand why everyone doesnt do it.
by all accounts the council have to apply for the exemption.
but once thats done away you go.

Government (Miscellaneous Provisions) c. 57 69 Act 1976
69.—(1) No person being the driver of a hackney carriage PART H or of a private hire vehicle licensed by a district council shall prolongation without reasonable cause unnecessarily prolong, in distance or of journeys.
t in time, the journey for which the hackney carriage or private
hire vehicle has been hired.
(2) If any person contravenes the provisions of this section, he shall be guilty of an offence.
70—(1) Subject to the provisions of subsection (2) of this Fees for section, a district council may charge such fees for the grant vehicle and of vehicle and operators' licences as may be resolved by them { from time to time and as may be sufficient in the aggregate to cover in whole or in part—
I (a) the reasonable cost of the carrying out by or on behalf
of the district council of inspections of hackney carriages and private hire vehicles for the purpose of determining whether any such licence should be granted or renewed:
(i) the reasonable cost of providing hackney carriage ' stands: and I (c) any reasonable administrative or other costs in con-
- nection with the foregoing and with the control and
supervision of hackney carriages and private hire vehicles.
D (2) The fees chargeable under this section shall not exceed—
(a) for the grant of a vehicle licence in respect of a hackney
carriage, twenty-five pounds; (6) for the grant of a vehicle licence in respect of a private
' hire vehicle, twenty-five pounds ; and
j (c) for the grant of an operator's licence, twenty-five pounds
f per annum;
d or. in any such case, such other sums as a district council may.
le . subject to the following provisions of this section, from time to
I time determine.
e (3) (a) If a district council determine that the maximum fees &• specified in subsection (2) of this section should be varied they
* shall publish in at least one local newspaper circulating in the ^ _ district a notice setting out the variation proposed, drawing alten-: tion to the provisions of paragraph (6) of this subsection and
- specifying the period, which shall not be less than twenty-
* eight days from the date of the first publication of the notice, £ * within which and the manner in which objections to the varia-Q tion can be made.
(6) A copy of the notice referred to in paragraph (a) of this subsection shall for the period of twenty-eight days from the

Local Government (Miscellaneous Provisions) Act 1976

Taximeters.
date of the first publication thereof be deposited at the offices of the council which published the notice and shall at all reasonable hours be open to public inspection without payment.
(4) If no objection to a variation is duly made within the period specified in the notice referred to in subsection (3) of this section, or if all objections so made are withdrawn, the variation shall come into operation on the date of the expiration of the period specified in the notice or the dale of withdrawal of the objection or, if more than one. of the last objection, whichever date is the later.
(5) If objection is duly made as aforesaid and is not withdrawn, the district council shall set a further date, not later than two months after the first specified date, on which the variation shall come into force with or without modification as decided by the district council after consideration of the objections.
(6) A district council may remit the whole or part of any fee chargeable in pursuance of this section for the grant of a licence under section 48 or 55 of this Act in any case in which they think it appropriate to do so.
71.—(1) Nothing in this Act shall require any private hire vehicle to be equipped with any form of taximeter but no private hire vehicle so equipped shall be used for hire in a controlled district unless such taximeter has been tested and approved by or on behalf of the district council, for the district or any other district council by which a vehicle licence in force for the vehicle was issued.
(2) Any person who— •--=-.
(a) tampers with any seal on any taximeter without lawful excuse ; or
(6) alters any taximeter with intent to mislead ; or
(c) knowingly causes or permits a vehicle of which he is the proprietor to be used in contravention of subsection (1) of this section.
shall be guilty of an offence.

Offences due to fault of other person etc.
72.—(1) Where an offence by any person under this Part of this Act is due to the act or default of another person, then, whether proceedings are taken against the first-mentioned person or not, that other person may be charged with and convicted of that offence, and shall be liable on conviction to the same punishment as might have been imposed on the first-mentioned person if he bad been convicted of the offence.

Well thank goodness that cleared that up.

I will sleep much better now.

_________________
IDFIMH

so will I

me too in plymouth. just an A4 sheet of paper with the title of "Hackney Carriage and Private Hire Vehicle Licensing Report" with a Garage stamp at the bottom of it.

definatly no "normal" MOT certificate.

Jeff, I have it.

I'll write it up tomorrow. It is indeed volume 38. It was issued in 2001 and incorporates the years 1987 - 1997. However it doesn't give any clarity to the position you hold in respect of Hackney carriages being exempt.

Regards
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Hello JD,
I am afraid you will not find the information in that edition, it is published in the Edition as shown below.

Halesburys STATUTES of England and Wales 4th Edition 1995. Vol 38 Road Traffic.
Metropolitan Public Carriage Act 1869
See the notes attached to para 6 "Grant of Hackney Carriage licences"
Regards,
Jeff

The 2001 updated 4th edition vol. 38 supersedes all earlier editions. This edition is the latest volume with a new Volume earmarked for August 2005. It gives the relevant status of the 1869 act and each section.

Every London Hackney carriage act has been passed on to TFL by virtue of the Greater London Authority Act 1999.

There are only two current acts appertaining to your theory that a licensing authority can't charge a license fee. They can be traced to the Greater London Authority Act 1999 and the Vehicle Excise and Registration Act 1994.

These are the only two acts that you should be concentrating on as everything else has either been repealed or amended.

It's been a long time getting there but if you had followed the pertinent legislation through their various stages of repeals you would have found the answers you were looking for.

When I've put this little package together I'll post it.

Regards

JD