Taxi Driver Online

Is London the only licensed area in the United Kingdom that doesn't display a picture on Hackney carriage driver badges? Do London Private hire drivers have their picture on their badge?

We all know the PCO vehicle testing regime is set at once a year which some might say is ludicrous considering the poor vehicle quality of LTI but isn't it about time the PCO designed a new style badge so the public can see the driver is licensed without asking them to produce a separate piece of paper showing their photo? Perhaps a photo of the driver should be permanently displayed in the cab?

We must not forget that in the past there have been cases outside of London where drivers have conspired to drive vehicles who are not licensed, or have had their license suspended or revoked? Indeed if you search TDO you will probably find several court cases on the subject.

So why should London be a special case? I think someone should start asking some serious questions as to why this activity is still allowed, or can we put it down to the fact that the PCO and TFL believe the Green and Yellow badges are icons of a bye gone era, just like the Turning circle?

Regards

JD

Yes London Private Hire Drivers have their picture on the badge.

_________________
"Where to, Guv'?. Na sorry not going my way"

We have nothing to hide.

Ollie

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Happy to be legit.

If I looked like you, I'd want to hide.

Whilst much is made of the 'badge' we wear around our necks, by law we also carry a folded card backed A4 paper license which contains your name and address, your license number, and a security embossed photograph.

This is carried whenever your working, just like a photocard, and is always available for inspection by the Police and PCO enforcement officers.

You also need it to secure entry into Heathrow, The Canary wharf development (private land).

The badge itself goes back hundreds of years, so yes there is a history there, and one which will stay for a long time to come, and if the passenger has any complaint, a quick reference to the number clearly identifys the Taxi driver.

Photocards can be knocked out on a PC and laminated, a metal badge whilst hardly beyond the realms of a good forger, are somewhat beyond your average home computer and laminator owner.

If someone, wherever you are in the country, wants to forge documents, they will.

They do.

The touts around Leicester Square love it, they can now point out to all and sundry that they are PCO 'licensed taxee drivers'.

I take the point about the badge being historic but is there any good reason why an additional photo card or photo badge of some sort should not be displayed inside the vehicle, or even on the driver, as an addition to the historic badge? It is alright saying the badge is hard to reproduce from scratch but it is not so difficult for me to lend you my badge if indeed I had one and you didn't.

I think the whole point of the exercise is making the photo badge visible to the public. The public can't go rummaging through your pocket for a photo card, which you may or may not, happen to have with you?

I don't believe London should be a special case just because they have what some might desrcibe as a traditional badge and in any casae if London want to keep up tradition there is nothing stopping them from issuing the iconic badge along with any new photocard or badge to be displayed inside the vehicle.

Regards

JD

Hello JD,
The problem is that that cab drivers licences granted under the MPC Act 1869 are on behalf of the Sec For State, consequently it requires an SI from the Sec of State before for any alteration to the appearance of the cab drivers licence could occur - the PCO do not have any authority in this instance.

And with due regard to another recent thread, this is another area that shows the folly of having myriad rules and regulations - is there any good reason why drivers in one area should show their names on their badges while in others they don't have to?

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Taxi Driver Online
www.taxi-driver.co.uk

We have been through this before Jeff and I pointed out then that under the Greater London Authority Act 1999 every piece of London Taxi legislation has been transfered to TFL under the GLA ACT as if they had written it themselves.

I wrote the following then and if anyone cares to read the act fully then it is patently obvious that TFL have the power to decide what drivers shall use as badges and how they are displayed. Please take note of underlined references?
...............................................................

TFL has had every relevant London hackney carriage act Transferred over to them under the Greater London Authority Act 1999 as though TFL had actually written the acts themselves. Any London hackney carriage legislation including London Cab orders previously in force is now subject to amendment by virtue of the 1999 act.

Any person with the need to use any of the dated London Hackney carriage legislation should first refer to the 1999 act to see if it has been amended or repealed.
...........................................................................

First I'm going to post the 1869 act in its amended form just so all those people who it effects can familiarise themselves with the legislation. You can thank Taxi Driver Online for once again bringing you this information. I'm then going to publish a link to the GLA act 1999, which again should be read by those effected by this legislation?
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Metropolitan Public Carriage Act 1869

1869 (32 and 33 Vict. C. 115)

UK Statutes Crown Copyright. Reproduced by permission of the Controller of Her Majesty's Stationery Office.

An Act for amending the Law relating to Hackney and Stage Carriages within the Metropolitan Police District.

[11th August 1869]

1. Short title.

This Act may be cited for all purposes as “The Metropolitan Public Carriage Act 1869”.

2. Limits of Act.

The limits of this Act shall be the metropolitan police district, and the city of London […] 1 .

3. […]2

4. Definition of stage carriage and hackney carriage. In this Act “Stage carriage”shall mean any carriage for the conveyance of passengers which plies for hire in any public street, road, or place within the limits of this Act, and in which the passengers or any of them are charged to pay separate and distinct or at the rate of separate and distinct fares for their respective places or seats therein.

“Hackney carriage”shall mean any carriage for the conveyance of passengers which plies for hire within the limits of this Act, and is neither a stage carriage nor a tramcar.

[ “London cab order”shall mean an order made by Transport for London.
“Prescribed”shall mean prescribed by London cab order.]

3 Any power to make a London cab order under this Act includes power to vary or revoke a previous such order.

5. […]4
1 Words repealed by Statute Law (Repeals) Act 1989 (c.43), s. 1(1), Sch. 1 Pt. X

2 Repealed by Statute Law Revision (No. 2) Act 1893 (c. 54)

3 definition of "prescribed" substituted for a new definition of "prescribed" and "London cab order" by Greater London Authority Act 1999 c. 29 Sch. 20(I) para. 5(2)(a)

4 Repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII
(Represents Current Law in Force - for pending amendments see Prospective Law on current source.)

Licensing Hackney and Stage Carriages

[6.— Grant of hackney carriage licences.

(1) Transport for London shall have the function of licensing to ply for hire within the limits of this Act hackney carriages, to be distinguished in such manner as may be prescribed.

(2) A licence under this section may—

(a) be granted on such conditions,

(b) be in such form,

(c) be subject to revocation or suspension in such event, and

(d) generally be dealt with in such manner, as may be prescribed.

(3) Subsection (2) of this section is subject to the following provisions of this section.

(4) A licence under this section shall, if not revoked or suspended, be in force for one year.

(5) A fee of such amount (if any) as Transport for London may determine shall be paid to Transport for London—

(a) by any applicant for a licence under this section, on making the application for the licence;

(b) by any applicant for the taking or re-taking of any test or examination, or any part of a test or examination, with respect to any matter of fitness, on making the application for the taking or re-taking of the test examination or part, and

(c) by any person granted a licence under this section, on the grant of the licence

(6) In paragraph (b) of subsection (5) of this section “matter of fitness” means—

(a) any matter as respects which Transport for London must be satisfied before granting a licence under this section; or

(b) any matter such that, if Transport for London is not satisfied with respect to the matter, they may refuse to grant a licence under this section.

(7) Different amounts may be determined under subsection (5) of this section for different purposes or different cases.

8. Transport for London may remit or refund the whole or part of a fee under subsection (5) of this section.

(9) Provision shall be made by London cab order—

(a) for the transfer of a licence under this section to the widow or to any child of full age of any person to whom such a licence has been granted who may die during the continuance of the licence leaving a widow or child of full age; and

(b) for the transfer of a licence under this section to the husband of any woman to whom such a licence has been granted and whom marries during the continuance of the licence.

5 substituted by Greater London Authority Act 1999 c. 29 Sch. 20(I) para. 5(3)

7. Penalty on use of unlicensed carriages.

If any unlicensed hackney carriage plies for hire, the owner of such carriage shall be liable to a penalty not exceeding five pounds for every day during which such unlicensed carriage plies. And if any unlicensed hackney carriage is found on any stand within the limits of this Act, the owner of such carriage shall be liable to a penalty not exceeding five pounds for each time it is so found.

The driver also shall in every such case be liable to like penalty unless he proves that he was ignorant of the fact of the carriage being an unlicensed carriage. Any hackney carriage plying for hire, and any hackney carriage found on any stand without having such distinguishing mark, or being otherwise distinguished in such manner as may for the time being be prescribed […] 6 , shall be deemed to be an unlicensed carriage.

Licensing Drivers of Hackney and Stage Carriages.

8.— Hackney carriage to be driven by licensed drivers.

(1) Transport for London shall have the function of licensing persons to be drivers of hackney carriages.

(2) No hackney carriage shall ply for hire within the limits of this Act unless under the charge of a driver having a licence under this section from Transport for London.

(3) If any hackney carriage plies for hire in contravention of this section—

(a) the person driving the carriage, and

(b) the owner of the carriage, unless he proves that the driver acted without his privity or consent, shall each be liable to a penalty not exceeding level 3 on the standard scale.

(4) Transport for London may send to the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London—

(a) details of a person to whom Transport for London is considering granting a licence under this section, and

(b) a request for the Commissioner's observations; and the Commissioner shall respond to the request.
[b]
(5) A licence under this section may—
(a) be granted on such conditions,
(b) be in such form,
(c) be subject to revocation or suspension in such event, and
(d) generally be dealt with in such manner, as may be prescribed.
(6) Subsection (5) of this section is subject to the following provisions of this section.
(7) A licence under this section shall, if not revoked or suspended, be in force for three years.
8. A fee of such amount (if any) as Transport for London may determine shall be paid to Transport for London—

(a) by any applicant for a licence under this section, on making the application for the licence;

(b) by any applicant for the taking or re-taking of any test or examination, or any part of a test or examination, with respect to any matter of fitness, on making the application for the taking or re-taking of the test, examination or part; and

(c) by any person granted a licence under this section, on the grant of the licence.

(9) In paragraph (b) of subsection 8, of this section “matter of fitness” means—

(a) any matter as respects which Transport for London must be satisfied before granting a licence under this section; or

(b) any matter such that, if Transport for London is not satisfied with respect to the matter, they may refuse to grant a licence under this section.

(10) Different amounts may be determined under subsection 8, of this section for different purposes or different cases.

(11) Transport for London may remit or refund the whole or part of a fee under subsection 8, of this section.

Regulations relating to Hackney and Stage Carriages

9. Regulations as to hackney and stage carriages.

Transport for London may from time to time by London cab order make regulations for all or any of the following purposes; that is to say,

(1) For regulating the number of persons to be carried in any hackney carriage, and in what manner such number is to be shown on such carriage, and how such hackney carriages are to be furnished
or fitted:

(2) For fixing the stands of hackney carriages, , and the persons to attend at such stands:

(3) For fixing the rates or fares, as well for time as distance, to be paid for hackney carriages, and for securing the due publication of such fares:

(4) For forming, in the case of hackney carriages, a table of distances, as evidence for the purposes of any fare to be charged by distance, by the preparation of a book, map, or plan, or any combination of a book, map, or plan:

(5) For securing the safe custody and re-delivery of any property accidentally left in hackney carriages and fixing the charges to be paid in respect thereof, with power to cause such property to be sold or to be given to the finder in the event of its not being claimed within a certain time: Subject to the following restrictions:—

(1) In fixing the stands for hackney carriages within the city of London the consent of the Court of the Lord Mayor and Aldermen shall be required to any stand appointed by Transport for London:

(4)Any power of Transport for London to fix by regulations made by London cab order under this section any rates or fares to be paid for hackney carriages is exercisable subject to and in accordance with any directions given to Transport for London by the Mayor of London as to the basis on which those rates or fares are to be calculated.

10. Penalties for breach of regulations.

[Where Transport for London is authorised to make a London cab order under this Act, Transport for London] may annex a penalty not exceeding level 1 on the standard scale for the breach of such order or of any part or parts thereof, or of any regulations or regulations thereby made; and any penalties under this section shall be deemed to be penalties under this Act, and may be enforced accordingly.

11. Grant of licences by other persons at direction of TIL.

Any licence which may be granted by Transport for London under this Act may, if Transport for London so directs, be granted by such person as may be appointed for the purpose in the direction.

12. Powers to carry Act into execution.

Transport for London may appoint such officers and constables of the metropolitan police force, and for the city of London of the city police, as [Transport for London] thinks fit to perform any duties required to be performed for the purposes of carrying this Act into execution, and may
award such sums by way of compensation for their services out of the monies raised under this Act as [Transport for London] may think just.

Legal Proceedings and Miscellaneous

13. Recovery of penalties.

All penalties under this Act may be recovered summarily […] 13 .

14. Placard, &c., may be affixed to lamp post.

[Transport for London] may cause to be attached to any lamp post any placard or signal for the purpose of carrying into effect the provisions of this Act.

8 added by Greater London Authority Act 1999 c. 29 Sch. 20(I) para. 5(6)(c)

9 words substituted by Greater London Authority Act 1999 c. 29 Sch. 20(I) para. 5(7)

10 substituted by Greater London Authority Act 1999 c. 29 Sch. 20(I) para. 5-8.

11 words substituted by Greater London Authority Act 1999 c. 29 Sch. 20(I) para. 5(9)(b)

12 words substituted by Greater London Authority Act 1999 c. 29 Sch. 20(I) para. 5(9)(b)

13 Words repealed by Statute Law (Repeals) Act 1989 (c.43), s. 1(1), Sch. 1 Pt. X

14 words substituted by Greater London Authority Act 1999 c. 29 Sch. 20(I) para. 5(10)

15. Existing Acts to continue in force.

All the provisions of the Acts relating to hackney carriages in force at the time of the Commencement of this Act shall, subject to any alteration made therein by this Act or [by any London cab order]15 made in pursuance of this Act, continue in force, and all such provisions of the said Acts as relate to licences granted under those Acts, or any of them, shall, subject to any alteration as aforesaid, apply to licences granted under this Act.

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http://www.opsi.gov.uk/acts/acts1999/uk ... 029_en.pdf
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Greater London Authority Act 1999 (1999 c 29)

SCHEDULE 20 HACKNEY CARRIAGES Part I Transfers of Functions and Amendments

Part I
Transfers of Functions and Amendments

The London Hackney Carriages Act 1843

1

(1) All the jurisdiction, powers, authorities, privileges, interests and duties which, immediately before the coming into force of this paragraph, were vested in or exercisable by the Commissioners of Police of the Metropolis by virtue of section 2 of the London Hackney Carriages Act 1850 (transfer of functions of registrar of metropolitan public carriages to Commissioners of Police of the Metropolis) are transferred to and vested in Transport for London by this sub-paragraph.

(2) The London Hackney Carriages Act 1843 shall accordingly be amended as follows.

(3) For “the registrar” and “the said registrar”, wherever occurring, there shall be substituted “Transport for London”.

(4) In section 18 (licences and tickets to be delivered up on discontinuance of licence) for “him” there shall be substituted “Transport for London”.

(5) In section 19 (new tickets to be delivered instead of defaced or lost tickets) for “for the use of Her Majesty” there shall be substituted “to Transport for London”.

The London Hackney Carriages Act 1850

2

(1) The London Hackney Carriages Act 1850 shall be amended as follows.

(2) In section 4 (standings for hackney carriages to be appointed and regulated by the Commissioners of Police of the Metropolis)—

(a) for “the said Commissioners of Police” and, where first and second occurring, “the said commissioners” there shall be substituted “Transport for London”;

(b) for “signed by one of the said commissioners” there shall be substituted “signed by a person authorised for the purpose by Transport for London”;

(c) for “the office of the Commissioners of Police in the City of Westminster” there shall be substituted “the offices of Transport for London”;

(d) for “the signature of the said commissioner” there shall be substituted “the aforesaid signature”.

The London Hackney Carriage Act 1853

3

(1) The London Hackney Carriage Act 1853 shall be amended as follows.

(2) In section 2 (powers of inspection of carriages etc) for—

(a) “the said Commissioners of Police”, and

(b) “the said commissioners”, in both places where those words occur,

there shall be substituted “Transport for London”.

(3) In section 17 (penalties for offences) in paragraph 1 (excessive fares and refusal to carry authorised number of passengers or reasonable quantity of luggage) for “the said Commissioners of Police” there shall be substituted “Transport for London”.

(4) In section 20 (powers of Commissioners of Police etc) for the words from the beginning to “appoint; and” there shall be substituted “In this Act”.

4

The Metropolitan Public Carriage Act 1869

5

(1) The Metropolitan Public Carriage Act 1869 shall be amended as follows.

(2) In section 4 (interpretation)—

(a) for the definition of “Prescribed” there shall be substituted the following definitions—

““London cab order” shall mean an order made by Transport for London.

“Prescribed” shall mean prescribed by London cab order.”; and

(b) at the end of the section there shall be added the following paragraph—

“Any power to make a London cab order under this Act includes power to vary or revoke a previous such order.”

(3) For section 6 (grant of hackney carriage licences) there shall be substituted—

“6 Grant of hackney carriage licences

(1) Transport for London shall have the function of licensing to ply for hire within the limits of this Act hackney carriages, to be distinguished in such manner as may be prescribed.

(2) A licence under this section may—

(a) be granted on such conditions,

(b) be in such form,

(c) be subject to revocation or suspension in such event, and

(d) generally be dealt with in such manner,


as may be prescribed.

(3) Subsection (2) of this section is subject to the following provisions of this section.

(4) A licence under this section shall, if not revoked or suspended, be in force for one year.

(5) A fee of such amount (if any) as Transport for London may determine shall be paid to Transport for London.

(a) by any applicant for a licence under this section, on making the application for the licence;

(b) by any applicant for the taking or re-taking of any test or examination, or any part of a test or examination, with respect to any matter of fitness, on making the application for the taking or re-taking of the test, examination or part; and

(c) by any person granted a licence under this section, on the grant of the licence.

(6) In paragraph (b) of subsection (5) of this section “matter of fitness” means—

(a) any matter as respects which Transport for London must be satisfied before granting a licence under this section; or

(b) any matter such that, if Transport for London is not satisfied with respect to the matter, they may refuse to grant a licence under this section.

(7) Different amounts may be determined under subsection (5) of this section for different purposes or different cases.

8. Transport for London may remit or refund the whole or part of a fee under subsection (5) of this section.

(9) Provision shall be made by London cab order—

(a) for the transfer of a licence under this section to the widow or to any child of full age of any person to whom such a licence has been granted who may die during the continuance of the licence leaving a widow or child of full age; and

(b) for the transfer of a licence under this section to the husband of any woman to whom such a licence has been granted and who marries during the continuance of the licence.”

(4) In section 7 (penalty on use of unlicensed carriage) the words “by the said Secretary of State” shall cease to have effect.

(5) For section 8 (hackney carriage to be driven by licensed drivers) there shall be substituted—

“8 Hackney carriage to be driven by licensed drivers

(1) Transport for London shall have the function of licensing persons to be drivers of hackney carriages.

(2) No hackney carriage shall ply for hire within the limits of this Act unless under the charge of a driver having a licence under this section from Transport for London.

(3) If any hackney carriage plies for hire in contravention of this section—

(a) the person driving the carriage, and

(b) the owner of the carriage, unless he proves that the driver acted without his privity or consent,

shall each be liable to a penalty not exceeding level 3 on the standard scale.

(4) Transport for London may send to the Commissioner of Police of the Metropolis or the Commissioner of Police for the City of London—

(a) details of a person to whom Transport for London is considering granting a licence under this section, and

(b) a request for the Commissioner’s observations;

and the Commissioner shall respond to the request.

(5) A licence under this section may—

(a) be granted on such conditions,

(b) be in such form,

(c) be subject to revocation or suspension in such event, and

(d) generally be dealt with in such manner,

as may be prescribed.

(6) Subsection (5) of this section is subject to the following provisions of this section.

(7) A licence under this section shall, if not revoked or suspended, be in force for three years.

8. A fee of such amount (if any) as Transport for London may determine shall be paid to Transport for London—

(a) by any applicant for a licence under this section, on making the application for the licence;

(b) by any applicant for the taking or re-taking of any test or examination, or any part of a test or examination, with respect to any matter of fitness, on making the application for the taking or re-taking of the test, examination or part; and

(c) by any person granted a licence under this section, on the grant of the licence.

(9) In paragraph (b) of subsection 8 of this section “matter of fitness” means—

(a) any matter as respects which Transport for London must be satisfied before granting a licence under this section; or

(b) any matter such that, if Transport for London is not satisfied with respect to the matter, they may refuse to grant a licence under this section.

(10) Different amounts may be determined under subsection 8 of this section for different purposes or different cases.

(11) Transport for London may remit or refund the whole or part of a fee under subsection 8 of this section.”

(6) In section 9 (regulations as to hackney and stage carriages)—

(a) for “The said Secretary of State may from time to time by order” there shall be substituted “Transport for London may from time to time by London cab order”;

(b) in paragraph (1) of the restrictions (consents required for stands in the City appointed by the Secretary of State) for “the Secretary of State” there shall be substituted “Transport for London”; and

(c) at the end of the restrictions there shall be added—

“(4) Any power of Transport for London to fix by regulations made by London cab order under this section any rates or fares to be paid for hackney carriages is exercisable subject to and in accordance with any directions given to Transport for London by the Mayor of London as to the basis on which those rates or fares are to be calculated.”

(7) In section 10 (power of Secretary of State to annex penalty for breach of order) for “Where the Secretary of State is authorised to make any order under this Act, he” there shall be substituted “Where Transport for London is authorised to make a London cab order under this Act, Transport for London”.

8. For section 11 (other persons by whom licences may be granted) there shall be substituted—

“11 Grant of licences by other persons at direction of TfL

Any licence which may be granted by Transport for London under this Act may, if Transport for London so directs, be granted by such person as may be appointed for the purpose in the direction.”

(9) In section 12 (powers to carry Act into execution)—

(a) for “The said Secretary of State” there shall be substituted “Transport for London”; and

(b) for “he”, in both places where it occurs, there shall be substituted “Transport for London”.

(10) In section 14 (power to affix placards etc to lamp posts) for “The Commissioner of the Metropolitan Police” there shall be substituted “Transport for London”.

(11) In section 15 (existing Acts to continue in force) for “by any order or regulation of the said Secretary of State” there shall be substituted “by any London cab order”.

The London Cab and Stage Carriage Act 1907

6

(1) The London Cab and Stage Carriage Act 1907 shall be amended as follows.

(2) In section 1(1) (power of Secretary of State to fix, by order under section 9 of the 1869 Act, fares for cabs fitted with taximeters)—

(a) for “The Secretary of State” there shall be substituted “Transport for London”;

(b) after “regulations made” there shall be inserted “by London cab order”.

(3) At the end of section 1 there shall be inserted—

“(3) The power conferred by subsection (1) of this section is subject to paragraph (4) of the restrictions specified in section nine of the said Act of 1869.”

(4) In section 2 (abolition of privileged cab system)—

(a) in subsection (1) (charges for admission to railway station not to exceed sum allowed by Secretary of State) for “the Secretary of State” there shall be substituted “Transport for London”; and

(b) in subsection (2) (power of Secretary of State by order to suspend or modify the section in relation to a station if satisfied of insufficient supply of cabs at the station)—

(i) for “the Secretary of State”, in both places, there shall be substituted “Transport for London”; and

(ii) for “by order” there shall be substituted “by London cab order”.

(5) In section 6 (definitions) in subsection (1)—

(a) after the definition of the expression “fare” there shall be inserted “the expression “London cab order” has the same meaning as in the Metropolitan Public Carriage Act 1869”; and

(b) in the definition of “taximeter” (which requires the device to be approved by or on behalf of the Secretary of State) for “the Secretary of State” there shall be substituted “Transport for London”.

(6) At the end of that section there shall be added—

“(4) Any power to make a London cab order under or by virtue of this Act includes power to vary or revoke a previous such order.”

The London Cab Act 1968

7

(1) The London Cab Act 1968 shall be amended as follows.

(2) In section 1(1) (which extends the power of the Secretary of State to set fares under the Acts of 1869 and 1907) for “the Secretary of State” there shall be substituted “Transport for London”.

(3) After subsection (1) of section 1 there shall be inserted—

“(1A) The power conferred by subsection (1) of this section is subject to paragraph (4) of the restrictions specified in section 9 of the said Act of 1869.”

(4) In section 2 (power to increase length of obligatory journeys)—

(a) in subsection (1) (the power)—

(i) for “The Secretary of State” there shall be substituted “Transport for London”;

(ii) for “by order” there shall be substituted “by London cab order”; and

(ii) for “him” there shall be substituted “Transport for London”;

(b) in subsection (2) (power to limit application of order) for “An order” there shall be substituted “A London cab order”;

(c) in subsection (3) (power includes power to vary or revoke previous orders and is exercisable by statutory instrument subject to negative parliamentary procedure)—

(i) for “orders” there shall be substituted “London cab orders”;

(ii) after “previous” there shall be inserted “such”; and

(iii) the words from “and shall be exercisable” to the end of the subsection shall cease to have effect; and

(d) in subsection (4) (duty to consult before making order)—

(i) for “any order” there shall be substituted “any London cab order”;

(ii) for “the Secretary of State” there shall be substituted “Transport for London”; and

(iii) for “him” and “he” there shall be substituted “Transport for London”.


(5) In section 4A (power of Secretary of State by order to prohibit signs etc on private hire cars)—

(a) in subsection (1)—

(i) for “The Secretary of State” there shall be substituted “Transport for London”; and

(ii) for “by order” there shall be substituted “by London cab order”;

(b) in subsection (2), for “by an order” there shall be substituted “by a London cab order”;

(c) in subsection (3) (power includes power to vary or revoke previous orders and is exercisable by statutory instrument subject to negative parliamentary procedure)—

(i) for “orders” there shall be substituted “London cab orders”;

(ii) after “previous” there shall be inserted “such”; and

(iii) the words from “and shall be exercisable” to the end of the subsection shall cease to have effect;

(d) in subsection (4) (duty to consult before making order)—

(i) for “order” there shall be substituted “London cab order”;

(ii) for “the Secretary of State” there shall be substituted “Transport for London”; and

(iii) for “him” and “he” there shall be substituted “Transport for London”; and

(e) in subsection (5) (relationship to section 4) for “an order” there shall be substituted “a London cab order”.

(6) After section 4A there shall be inserted—

“4B London cab orders

(1) In this Act, “London cab order” means an order made by Transport for London.

(2) Any power to make a London cab order under or by virtue of this Act includes power to vary or revoke a previous such order.”

The Transport Act 1985

8

(1) The Transport Act 1985 shall be amended as follows.

(2) In section 10 (immediate hiring of taxis at separate fares)—

(a) in subsection (3)(a) (meaning of “licensing authority” in relation to the London taxi area) for “the Secretary of State”, in both places, there shall be substituted “Transport for London”;

(b) in subsection (5)(c), the words “if made otherwise than by the Secretary of State” shall cease to have effect;

(c) in subsection 8, the words “Except in the case of a scheme made by the Secretary of State,” shall cease to have effect; and

(d) subsection (10) (power of Secretary of State to make scheme exercisable by order) shall cease to have effect.

(3) In section 17 (London taxi and taxi driver licensing: appeals)—

(a) in subsections (2), (5), 8 (a) and (b) and (9) (which relate to reconsideration or appeal within the prescribed period) for “prescribed period”, in each place, there shall be substituted “designated period”;

(b) in subsection (10), after the definition of “the appropriate court” there shall be inserted the following definitions—

““designated period” means such period as may be specified for the purpose by London cab order;

“London cab order” means an order made by Transport for London”; and

(c) after subsection (10) there shall be added—

“(11) Any power to make a London cab order under this section includes power to vary or revoke a previous such order.”

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I'm not going to post this again because it is too long just to remind everyone that TfL can do what they want in respect of Hackney carriages in London. If anyone is telling me they cant then please supply me with the current legislation which says they can't. Please do not quote any legislation that has been amended or repealed.

Regards

JD