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PostPosted: Mon Jun 26, 2006 1:18 pm 
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For those people in London who are not familiar with Taxi legislation which applies to them, this thread is designed to help you.

Anyone with any questions relating to Taxi or Private hire legislation in London might wish to take the opportunity of first posting their enquiry in this thread. I'm sure there are drivers in London who subscribe to TDO who will be more than happy to answer your query.

Your first calling point should be the GLA ACT 1999 that will tell you exactly what powers have been bestowed on TFL in respect of everything that applies to London including Taxis and Private hire legislation. For Private hire drivers your second port of call should be the current legislation apertaining to private hire vehicles in London. London Hackney Carriage drivers should be reminded of the repeals and ammendments to past legislation brought about by the GLA ACT 1999.

A starting point for this thread is section 8 of the 1869 act as ammended by the GLA ACT 1999.

I would just like to say that if you belong to an organisation that has an online presence then they may have all the relevant legislation appertaining to Taxis on their website. If they don't then it is up to you to ask for this information to be published in the interest of the Trade at large. At present TDO is the only medium where such legislation is provided but that should not have to be the case. In my opinion National organisations who purport to represent the trade should at least have a link to current legislation even if they don't publish a copy themselves.
...........................................................................................

United Kingdom Statute 1869 c 115 s 8

UNITED KINGDOM LAW IN FORCE
METROPOLITAN PUBLIC CARRIAGE ACT 1869 CHAPTER 115
LICENSING DRIVERS OF HACKNEY AND STAGE CARRIAGES

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

Amendment as at: July 3, 2000 (see Analysis Tab for Commencement Information)

s 8 Hackney carriage to be driven by licensed drivers.

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.
] [FN1]

[FN1] substituted by Greater London Authority Act (1999 c.29), Sch 20 (I) Para 5 (5)

GENERAL MATERIALS
Royal Assent date - Long Title - Notes

UK-LIF ST 1869 c 115 s 8
UK ST 1869 c 115 s 8


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PostPosted: Mon Jun 26, 2006 1:46 pm 
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United Kingdom Statute 1999 c 29 Sch 20 (I) Para 5

UNITED KINGDOM LAW IN FORCE
GREATER LONDON AUTHORITY ACT 1999 CHAPTER 29
SCHEDULE 20 HACKNEY CARRIAGES
SCHEDULE PART I TRANSFERS OF FUNCTIONS AND AMENDMENTS


Para 5 The Metropolitan Public Carriage Act 1869


(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 whom 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".


GENERAL MATERIALS
Royal Assent date - Long Title - Notes

UK-LIF ST 1999 c 29 Sch 20 (I) Para 5
UK ST 1999 c 29 Sch 20 (I) Para 5


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PostPosted: Tue Jun 27, 2006 4:53 am 
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Thats legislation appertaining to non mechanically propelled vehicles. Mechanically propelled vehicles are licensed to ply for hire on the public road by virtue of the mandatory licence issued by the DVLA. Can't have two licences both demanding a fee and both offering the keeper of a mechanically propelled vehicle the same entitlement.
See Sec 18 -(3)
http://www.hmso.gov.uk/acts/acts1995/Uk ... htm#mdiv19


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PostPosted: Tue Jun 27, 2006 8:17 am 
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jeff daggers wrote:
Thats legislation appertaining to non mechanically propelled vehicles. Mechanically propelled vehicles are licensed to ply for hire on the public road by virtue of the mandatory licence issued by the DVLA. Can't have two licences both demanding a fee and both offering the keeper of a mechanically propelled vehicle the same entitlement.
See Sec 18 -(3)
http://www.hmso.gov.uk/acts/acts1995/Uk ... htm#mdiv19


Didn't your point specifically state that TFL did not have the power to make badge conditions? I suppose you do agree that Transport for London has the power to issue hackney carriage driver licenses? And I suppose you also agree that they can issue H/C driver licenses in "such form" as they think fit? After all, that's what the legislation says. There's not much point in pursuing the "point" if you believe TFL have no powers to regulate the London Taxi trade?

What has the finance act got to do with regulating hackney carriage drivers?

You raise a point about vehicle excise duty, which appertains specifically to vehicles, that is a mistake on your part because the power to regulate hackney carriage drivers has nothing whatsoever to do with regulating vehicles.

Regulating Hackney carriage drivers and vehicles are entirely different and that is why regulating drivers has its own particular section namely Section 8. Even if the finance act 1995 could regulate hackney carriage vehicles, which it can't, it still could not regulate drivers.

I think this particular thread should concentrate on licensing drivers and not get side tracked into Vehicle Excise Duty. The following gives TFL the power to stipulate what shall be a badge and the power to attach conditions to license badge holders, it is in plain English and unequivocal.

(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.
..........................................

Regards

JD


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PostPosted: Tue Jun 27, 2006 12:51 pm 
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Yes your right we are covering other subjects. However I would point out that I am unaware of any powers handed down to the TfL that contain authorisation for TfL to change the appearance of the HC drivers badge (per see). That function would appear to exist in another instrument, which if I am correct would still remain within the provinence of the Sec of State.
Regarding these licences I feel it my be helpful if you would use your obvious knowledge of legal terminology to explain for myself and other members of this forum the meaning of the term "grant" with respect to the corporeality therein.


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PostPosted: Tue Jun 27, 2006 7:13 pm 
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jeff daggers wrote:
That function would appear to exist in another instrument.


Such as?

Regards

JD


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PostPosted: Wed Jun 28, 2006 3:44 am 
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Well JD I have not come across any legislation within the Acts handed down to the TfL, which expressly state that TfL are authorised to alter the appearance of the existing cab drivers badge, so it reasonable to assume that the design of the badge is outside of TfL's frame of reference.


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PostPosted: Wed Jun 28, 2006 9:53 am 
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jeff daggers wrote:
Well JD I have not come across any legislation within the Acts handed down to the TfL, which expressly state that TfL are authorised to alter the appearance of the existing cab drivers badge, so it reasonable to assume that the design of the badge is outside of TfL's frame of reference.


What do you think this means Jeff?

(b) be in such form,

Regards

JD


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PostPosted: Wed Jun 28, 2006 11:38 am 
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That relates to the document, which is not a badge. If you examine the London Cab Order 1934, you will see in Schedule D that the licence document is entitled "form of cab- driver's licence" - no mention is made of a cab-drivers badge within that document.


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PostPosted: Wed Jun 28, 2006 12:25 pm 
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You two should form a practise together. :wink:


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jeff daggers wrote:
That relates to the document, which is not a badge. If you examine the London Cab Order 1934, you will see in Schedule D that the licence document is entitled "form of cab- driver's licence" - no mention is made of a cab-drivers badge within that document.



Do you agree that the Metropolitan Police District was empowered to issue Green Badges and Yellow Badges to cab drivers?

Is it the case that the Green Badge permits the driver to ply for hire anywhere in the Metropolitan Police district? The Yellow Badge permits the driver to ply for hire within a particular sector, excluding the central area within a six-mile radius of Charing Cross.

If you agree that the Metropolitan police district had such powers then you will also be aware that under the 1999 GLA act those powers were transferred to Transport for London? Is that simple enough for you?

Regards

JD


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PostPosted: Wed Jul 12, 2006 6:09 am 
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STATUTORY INSTRUMENTS

2000 No. 1666

LONDON GOVERNMENT

PUBLIC PASSENGER TRANSPORT

The London Cab Order 1934 (Modification) Order 2000

Made 22nd June 2000
Laid before Parliament 22nd June 2000
Coming into force 3rd July 2000


The Secretary of State for the Environment, Transport and the Regions, in exercise of the powers conferred by sections 405(2) and 406 of the Greater London Authority Act 1999[1] and of all other powers enabling him in that behalf, hereby makes the following Order: -

Citation and commencement
1. This Order may be cited as the London Cab Order 1934 (Modification) Order 2000 and shall come into force on 3rd July 2000.

Modification of the London Cab Order 1934
2. The London Cab Order 1934[2] shall have effect in accordance with the following provisions of this Order.

References to the Assistant Commissioner, the Commissioner and the Secretary of State
3. - (1) In paragraph 2(1) the definition of "the Assistant Commissioner" shall be omitted.

(2) Any reference to the Assistant Commissioner, the Commissioner of Police or the Secretary of State shall be treated as a reference to Transport for London.


Modification of forms in Schedules
4. A document which is required to be in the form contained in Schedule -

(a) A (form of certificate to be given by public carriage examiner in relation to an application for a cab licence);

(b) B (description of plates etc to be affixed to cabs);

(c) C (form of cab licence); or

(d) D (form of cab-driver's licence),

may be modified so far as may be necessary in consequence of any provision of Schedule 20 (hackney carriages) to the Greater London Authority Act 1999 or of this Order.



Signed by authority of the Secretary of State


Keith Hill
Parliamentary Under-Secretary of State, Department of the Environment, Transport and the Regions

22nd June 2000


EXPLANATORY NOTE

(This note is not part of the Order)

This Order modifies the London Cab Order 1934 in consequence of the transfer to Transport for London of the functions of the Secretary of State for the Environment, Transport and the Regions in relation to the licensing of London cabs.


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PostPosted: Wed Jul 12, 2006 11:56 am 
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Hello JD,
What exactly are trying to say with the inclusion of your latest posting?
Regards,
Jeff


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The power to issue London badges came by way of the "London Hackney carriage act 1843". Of course all those powers have since been transfered to TFL but it may surprise some people as it did me that the word first used to describe these badges was "Ticket". I wonder at what place in time the term "Ticket" was replaced by badge?
........................................................................

ROSE LJ DPP v Computer cab

The facts found in the Case Stated, so far as are presently material, were these. The Metropolitan Police District is empowered to issue Green Badges and Yellow Badges to cab drivers. Green Badges permit the driver to ply for hire anywhere in the Metropolitan Police district. The Yellow Badges permit the driver to ply for hire within a particular sector, excluding the central area within a six-mile radius of Charing Cross. All the second and subsequent Respondents held Yellow Badges for sector 1, the North East area of London.

……………………………………………………

LONDON HACKNEY CARRIAGES ACT 1843
1843 CHAPTER 86

Royal Assent [22 August 1843]

London Hackney Carriages Act 1843, Ch. 86, Long Title (Eng.)

Long Title

An Act for regulating Hackney and Stage Carriages in and near London

………………………………………………………………….

LONDON HACKNEY CARRIAGES ACT 1843
1843 CHAPTER 86

Royal Assent [22 August 1843]

London Hackney Carriages Act 1843, Ch. 86, s. 8 (Eng.)

8 [Transport for London] to grant licences to drivers of hackney carriages--At the time of granting any licence an abstract of the laws and a ticket to be given

It shall be lawful for [Transport for London] to grant a licence to act as driver of hackney carriages, . . . to any person who shall produce such a certificate as shall satisfy [Transport for London] of his good behaviour and fitness for such situation . . . ; and in every such licence shall be specified the number of such licence, and the proper name and surname and place of abode, and age, and a description of the person to whom such licence shall be granted . . . ; and every such licence shall bear date on the day on which the same shall be granted, . . . and on every licence of a driver . . . [Transport for London] shall cause proper columns to be prepared, in which every proprietor employing the driver . . . named in such licence shall enter his own name and address, and the days on which such driver . . . shall enter and shall quit his service respectively; and in case any of the particulars entered or endorsed upon any licence in pursuance of this Act shall be erased or defaced every such licence shall be wholly void and of none effect; and [Transportfor London] shall, at the time of granting any licence, deliver to the driver, . . . to whom the same shall be granted an abstract of the laws in force relating to such driver, . . . and of the penalties to which he is liable for any misconduct, "and also a metal ticket", upon which there shall be marked or engraved his office or employment, and a number corresponding with the number which shall be inserted in such licence.


NOTES:

Initial Commencement

Royal Assent

Royal Assent: 22 August 1843: (no specific commencement provision).

Amendment

Provision heading: words "Transport for London" in square brackets substituted by virtue of the Greater London Authority Act 1999, s 253, Sch 20, Pt I, para 1(2), (3), Pt II, para 10.

Date in force: 3 July 2000: see SI 2000/801, art 2(2)(c), Schedule, Pt 3.

Words omitted repealed by the Statute Law Revision Act 1874 (No 2), the Statute Law Revision Act 1891, and the Statute Law (Repeals) Act 1976.

Words "Transport for London" in square brackets in each place they occur substituted by the Greater London Authority Act 1999, s 253, Sch 20, Pt I, para 1(2), (3), Pt II, para 10.

Date in force: 3 July 2000: see SI 2000/801, art 2(2)(c), Schedule, Pt 3.

Modification

Modified by the Local Services (Operation by Taxis) (London) Regulations 1986, SI 1986/566, regs 3, 4, Table.
……………………………………………………………………….

LONDON HACKNEY CARRIAGES ACT 1843
1843 CHAPTER 86

Royal Assent [22 August 1843]

London Hackney Carriages Act 1843, Ch. 86, s. 17 (Eng.)

17 "Tickets" to be worn by drivers, etc

Every licensed driver . . . shall at all times during his employment, and when he shall be required to attend before any justice of the peace, wear his "ticket" conspicuously upon his breast, in such manner that the whole of the writing thereon shall be distinctly legible; and everydriver . . . who shall act as such, or who shall attend when required before any justice of the peace, without wearing such ticket in manner aforesaid, or who, when thereunto required, shall refuse to produce such ticket for inspection, or to permit any person to note the writing thereon, shall for every such offence forfeit [a sum not exceeding level 1 on the standard scale].

NOTES:

Initial Commencement

Royal Assent

Royal Assent: 22 August 1843: (no specific commencement provision).

Amendment

Words omitted repealed by the Statute Law Revision Act 1874 (No 2), the Statute Law Revision Act 1891, and the Statute Law (Repeals) Act 1976.

Maximum fine increased by the Criminal Law Act 1977, s 92(1), Sch 3, Pt I, and converted to a level on the standard scale by the Criminal Justice Act 1982, ss 37, 38, 46.

Modification

Modified by the Local Services (Operation by Taxis) (London) Regulations 1986, SI 1986/566, regs 3, 4, Table.
……………………………………………………………..

LONDON HACKNEY CARRIAGES ACT 1843
1843 CHAPTER 86

Royal Assent [22 August 1843]

London Hackney Carriages Act 1843, Ch. 86, s. 18 (Eng.)

18 Licences and "tickets" to be delivered up on the discontinuance of licences

Upon the expiration of any licence granted under this Act the person to whom such licence shall have been granted shall deliver such licence and the "ticket" relating thereto to [Transport for London]; and every such person who, after the expiration of such licence, shall wilfully neglect for three days to deliver the same to [Transport for London], and also every person who shall use or wear or detain any ticket without having a licence in force relating to such ticket, or who shall for the purpose of deception use or wear or have any ticket resembling or intended to resemble any ticket granted under the authority of this Act, shall for every such offence forfeit the sum of [level 1 on the standard scale]; and it shall be lawful for [Transport for London], or for any person employed by [Transport for London] for that purpose, to prosecute any person so neglectingto deliver up his licence or ticket, at any period within twelve calendar months after the expiration of the licence; and it shall be lawful for any constable . . . or any person employed for that purpose by [Transport for London], to seize and take away any such ticket, wheresoever the same may be found, in order to deliver the same to [Transport for London].


NOTES:

Initial Commencement

Royal Assent

Royal Assent: 22 August 1843: (no specific commencement provision).

Amendment

First words omitted repealed by the Statute Law Revision Act 1891.

Words "Transport for London" in square brackets in each place they occur substituted by the Greater London Authority Act 1999, s 253, Sch 20, Pt I, para 1(2)-(4).

Date in force: 3 July 2000: see SI 2000/801, art 2(2)(c), Schedule, Pt 3.

Penalty increased to £25 by the Criminal Law Act 1977, s 31(6), and converted to level 1 on the standard scale by the Criminal Justice Act 1982, ss 37, 46.

Final words omitted repealed by the Statute Law (Repeals) Act 2004.

Date in force: 22 July 2004: (no specific commencement provision).

Modification

Modified by the Local Services (Operation by Taxis) (London) Regulations 1986, SI 1986/566, regs 3, 4, Table.
………………………………………………………………..

LONDON HACKNEY CARRIAGES ACT 1843
1843 CHAPTER 86

Royal Assent [22 August 1843]

London Hackney Carriages Act 1843, Ch. 86, s. 19 (Eng.)

19 New "tickets" to be delivered instead of defaced or lost tickets

Whenever the writing on any ticket shall become obliterated or defaced, so that the same shall not be distinctly legible, and also whenever any ticket shall be proved to the satisfaction of [Transport for London] to have been lost or mislaid, the person to whom the licence relating to any such ticket shall have been granted shall deliver such ticket (if he shall have the same in his possession) and shall produce such licence to [Transport for London], and such person shall then be entitled to have a new ticket delivered to him, upon payment, [to Transport for London], of such sum of money, not exceeding [15p], as [Transport for London] shall from time to time appoint: Provided always, that if any ticket which shall have been proved as aforesaid or represented to have been lost or mislaid shall afterwards be found the same shall forthwith be delivered to [Transport for London]; and every person into whose possession any such ticket as last aforesaid shall be or come who shall refuse or neglect for three daysto deliver the same to [Transport for London], and also every person licensed under the authority of this Act who shall use or wear the ticket granted to him after the writing thereon shall be obliterated, defaced, or obscured, so that the same shall not be distinctly legible, shall for every such offence forfeit the sum of [level 1 on the standard scale].


NOTES:

Initial Commencement

Royal Assent

Royal Assent: 22 August 1843: (no specific commencement provision).

Amendment

Words omitted repealed by the Statute Law Revision Act 1891.

Words "Transport for London" in square brackets in each place they occur substituted by the Greater London Authority Act 1999, s 253, Sch 20, Pt I, para 1(2), (3).

Date in force: 3 July 2000: see SI 2000/801, art 2(2)(c), Schedule, Pt 3.

Words "to Transport for London" in square brackets substituted by the Greater London Authority Act 1999, s 253, Sch 20, Pt I, para 1(2), (5).

Date in force: 3 July 2000: see SI 2000/801, art 2(2)(c), Schedule, Pt 3.

Sum "15p" in square brackets substituted by virtue of the Decimal Currency Act 1969, s 10(1).

This amendment has effect from 15 February 1971 (the day appointed for the purposes of the Decimal Currency Act 1967, s 1): see the Decimal Currency Act 1969, ss 10(1), 16(1).

Maximum fine increased by the Criminal Law Act 1977, s 31(6), and converted to a level on the standard scale by the Criminal Justice Act 1982, ss 37, 46.

Modification

Modified by the Local Services (Operation by Taxis) (London) Regulations 1986, SI 1986/566, regs 3, 4, Table.
………………………………………………………………………….

LONDON HACKNEY CARRIAGES ACT 1843
1843 CHAPTER 86

Royal Assent [22 August 1843]

London Hackney Carriages Act 1843, Ch. 86, s. 10 (Eng.)

10 Penalty on persons acting as drivers, etc, without licences and tickets, [level 3 on the standard scale]; on proprietors suffering drivers to do, [level 3 on the standard scale]--Employment of unlicensed drivers, etc, in case of necessity

every person to whom a licence and "ticket" shall have been granted who shall, except in compliance with the provisions of this Act, transfer or lend such licence, or permit any other person to use or wear such ticket, shall for every such offence forfeit the sum of five pounds; and every proprietor who shall knowingly suffer any person not duly licensed under the authority of this Act to act as driver of any hackney carriage, . . . of which he shall be the proprietor, shall for every such offence forfeit a sum not exceeding level 3 on the standard scale:


NOTES:

Initial Commencement

Royal Assent

Royal Assent: 22 August 1843: (no specific commencement provision).

Amendment

Provision heading: maximum penalty on summary conviction in any instance now level 3 on the standard scale by virtue of the Criminal Justice Act 1967, s 92(1), Sch 3, Pt I, and the Criminal Justice Act 1982, ss 35, 37, 38, 46.

Words omitted repealed by the Statute Law Revision Act 1874 (No 2), the Statute Law Revision Act 1891, the Statute Law (Repeals) Act 1976 and the Statute Law (Repeals) Act 1993.

Maximum penalty on summary conviction in any instance now level 3 on the standard scale by virtue of the Criminal Justice Act 1967, s 92(1), Sch 3, Pt I, and the Criminal Justice Act 1982, ss 35, 37, 38, 46.

Modification

Modified by the Local Services (Operation by Taxis) (London) Regulations 1986, SI 1986/566, regs 3, 4, Table.
………………………………………………………….


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PostPosted: Thu Jul 13, 2006 1:32 pm 
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Joined: Sun Jul 24, 2005 3:04 am
Posts: 64
Location: London
The power to issue London badges came by way of the "London Hackney carriage act 1843". Of course all those powers have since been transfered to TFL but it may surprise some people as it did me that the word first used to describe these badges was "Ticket". I wonder at what place in time the term "Ticket" was replaced by badge?
........................................................................
Hello JD,
I accept that the legislation permits the delegated authority to furnish a badge, but again there appears to be no powers handed down to the London authority to design there own Cab Drivers Badge - and it would not be a good idea anyway, as it would then be possible for an unscrupulous individual who attains a position of authority to then manipulate the situation to their own benefit.
Regards,
Jeff


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