London Hackney Carriages Act 1843

F2. . . the word “proprietor” shall include every person who, either alone or in partnership with any other person, shall keep any hackney carriage F3. . ., or who shall be concerned otherwise than as a driver or attendant in employing for hire any hackney carriage F2. . ..

So much of the M1London Hackney Carriage Act, 1831, as relates to hackney carriages F4. . ., and not hereby repealed, F4. . ., shall extend and apply to hackney carriages F4. . . within the meaning of this Act F4. . ..

It shall be lawful for F8Transport for London to grant a licence to act as driver of hackney carriages, F9. . . to any person who shall produce such a certificate as shall satisfy F8Transport for London of his good behaviour and fitness for such situation F10. . .; 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 F11. . .; and every such licence shall bear date on the day on which the same shall be granted, F11. . . and on every licence of a driver F10. . . F8Transport for London shall cause proper columns to be prepared, in which every proprietor employing the driver F10. . . named in such licence shall enter his own name and address, and the days on which such driver F10. . . 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 F8Transport for London shall, at the time of granting any licence, deliver to the driver, F10. . ., or waterman, to whom the same shall be granted an abstract of the laws in force relating to such driver, F10. . ., or waterman and of the penalties to which he is liable for any misconduct, and also a F73badge, upon which there shall be marked F74... his office or employment, and a number corresponding with the number which shall be inserted in such licence.

F13. . . every person to whom a licence and F75badge 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 F75badge, 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, F13. . ., of which he shall be the proprietor, shall for every such offence forfeit the sum of ten pounds: F14. . ..

Before any such licence as aforesaid shall be granted a requisition for the same, in such form as F16Transport for London shall from time to time appoint for that purpose, and accompanied with such certificate as herein-before is required, shall be made and signed by the person by whom such licence shall be required; and in every such requisition all such particulars as F16Transport for London shall require shall be truly set forth; and every person applying for or attempting to procure any such licence who shall make or cause to be made any false representation in regard to any of the said particulars, F17. . ., or who shall not truly answer all questions which shall be demanded of him in relation to such application for a licence, and also every person to whom reference shall be made who shall, in regard to such application, wilfully and knowingly make any misrepresentation, shall forfeit for every such offence the sum of F18level 3 on the standard scale; and it shall be lawful for F16Transport for London to proceed for recovering of such penalty before any magistrate at any time within one calendar month after the commission of the offence, or during the currency of the licence so improperly obtained.

Every licensed driver, F21. . . and waterman shall at all times during his employment, and when he shall be required to attend before any justice of the peace, wear his F79badge conspicuously upon his breast, in such manner that the whole of the writing thereon shall be distinctly legible; and every driver, F21. . . or waterman who shall act as such, or who shall attend when required before any justice of the peace, without wearing such F79badge in manner aforesaid, or who, when thereunto required, shall refuse to produce such F79badge for inspection, or to permit any person to note the writing thereon, shall for every such offence forfeit the sum of F22level 1 on the standard scale.

Whenever the writing on any F81badge shall become obliterated or defaced, so that the same shall not be distinctly legible, and also whenever any F81badge shall be proved to the satisfaction of F26Transport for London to have been lost or mislaid, the person to whom the licence relating to any such F81badge shall have been granted shall deliver such F81badge (if he shall have the same in his possession) and shall produce such licence to F26Transport for London, and such person shall then be entitled to have a new F81badge delivered to him, upon payment, F27to Transport for London, of such sum of money F82as Transport for London shall consider reasonable: Provided always, that if any F81badge 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 F26Transport for London; and every person into whose possession any such F81badge as last aforesaid shall be or come who shall refuse or neglect for three days to deliver the same to F26Transport for London, and also every person licensed under the authority of this Act who shall use or wear the F81badge 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 F28level 1 on the standard scale.

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Every proprietor of a hackney carriage F30. . . who shall permit or employ any licensed person to act as the driver F30. . . thereof shall require to be delivered to him, and shall retain in his possession, the licence of such driver or F30. . . while such driver or F30. . . shall remain in his service; and in all cases of complaint where the proprietor of a hackney carriage F30. . . shall be summoned to produce the driver F30. . . of such carriage before a justice of the peace he shall also produce the licence of such driver F30. . . if at the time of receiving the summons such driver F30. . . shall be in his service; and if any driver F30. . . complained of shall be adjudged guilty of the offence alleged against him the justice of the peace before whom he shall be convicted shall in every case endorse upon the licence of such driver F30. . . the nature of the offence, and the amount of the penalty inflicted; and every proprietor who shall neglect to require to be delivered to him, and to retain in his possession, the licence of any driver F30. . . during such period as such driver F30. . . shall remain in his service, or who shall refuse or neglect to produce such licence as aforesaid, shall for every such offence forfeit the sum of F31level 1 on the standard scale.

It shall be lawful for any justice of the peace before whom any driver, F45. . ., or waterman shall be convicted of any offence, whether under this Act or any other Act, if such justice in his discretion shall think fit, to revoke the licence of such driver, F45. . . or waterman, and also any other licence which he shall hold under the provisions of this Act, or to suspend the same for such time as the justice shall think proper, and for that purpose to require the proprietor, driver, F45. . ., or waterman in whose possession such licence and the F83badge thereunto belonging shall then be to deliver up the same; and every proprietor, driver, F45. . ., or waterman who, being so required, shall refuse or neglect to deliver up such licence and any such F83badge, or either of them, shall forfeit, so often as he shall be so required and refuse or neglect as aforesaid, the sum of F46level 1 on the standard scale; and the justice shall forthwith send such licence and F83badge to F47Transport for London, who shall cancel such licence if it has been revoked by the justice, or, if it has been suspended, shall, at the end of the time for which it shall have been suspended, re-deliver such licence, with the F83badge, to the person to whom it was granted.

F48A magistrates’ court that makes an order revoking or suspending any licence under this section may, if the court thinks fit, suspend the effect of the order pending an appeal against the order.

Every driver F50. . . authorized by any proprietor to act as driver of any hackney carriage, F50. . ., who shall suffer any other person to act as driver of such hackney carriage, F50. . ., without the consent of the proprietor thereof, and also every person, whether duly licensed or not, who shall act as driver F50. . . of any such carriage without the consent of the proprietor thereof, shall forfeit the sum of F51level 1 on the standard scale; and every driver F50. . . charged with such offence who, when required by a justice of the peace so to do, shall not truly make known the name and place of abode of the person so suffered by him to act as driver F50. . . without consent of the proprietor, and also the number of the F84badge of such person (if licensed), shall be liable to a further penalty of F51level 1 on the standard scale; and it shall be lawful for any police constable, F52if necessary, to take charge of the carriage and every horse in charge of any person unlawfully acting as a driver and to deposit the same in some place of safe custody until the same can be applied for by the proprietor.

Every driver of a hackney carriage, F53. . ., who shall be guilty of wanton or furious driving, or who by carelessness or wilful misbehaviour shall cause any hurt or damage to any person or property being in any street or highway, and also every driver, F53. . ., or waterman who during his employment shall be drunk, or shall make use of any insulting or abusive language, or shall be guilty of any insulting gesture or any misbehaviour, shall for every such offence forfeit the sum of F54level 1 on the standard scale; or it shall be lawful for the justice before whom such complaint shall be brought, if in his discretion he shall think proper, instead of inflicting such penalty, forthwith to commit the offender to prison for any period not exceeding two calendar months, F53. . .; F55. . ..

Every driver of a hackney carriage who shall ply for hire elsewhere than at some standing or place appointed for that purpose, or who by loitering or by any wilful misbehaviour shall cause any obstruction in or upon any public street, road, or place, F60. . ., and every driver of a hackney carriage, whether hired or unhired, allowing any person beside himself, not being the hirer or a person employed by such hirer, to ride on the driving box, F60. . ., shall for every such offence forfeit the sum of F61level 1 on the standard scale.

All complaints under the provisions of the London Hackney Carriage Act, 1831, or of this Act, or of the orders and regulations made in pursuance of either of them, F65. . ., shall be made within F85twenty eight days next after the day on which the cause of complaint shall have arisen.

It shall be lawful for any justice of the peace to hear and determine all complaints under the provisions of this Act or of the M2London Hackney Carriage Act, 1831, and to adjudge the payment of any penalty or of any sum of money under either of the said Acts, or of the orders and regulations made pursuant to either of them, and to order payment of the same, with or without costs, either immediately, or at such time and place, and by such instalments, as he shall think fit; F66. . ..

In every case where there shall be more than one proprietor of any hackney carriage F68. . . it shall be sufficient, in any information, summons, order, conviction, warrant, or any other proceeding under the provisions of this Act, or of the London Hackney Carriage Act, 1831, to name one of such proprietors without reference to any other or others of them, and to describe and proceed against him as if he were sole proprietor.

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