Hackney carriage and other motor vehicles let for hire byelaws

Made under Section 68 of the Town Police Clauses Acts 1847, Section 171 of the Public Health Act, 1875, and Section 98 of the Leicester. Corporation Act, 1956, by the Lord Mayor, Aldermen and Citizen of the City of Leicester, acting by the Council, with respect to hackney carriages and other motor vehicles let for hire in the City of Leicester.

Interpretation

1. Throughout these byelaws -

"the Council" means the Lord Mayor, Aldermen and Citizens of the City of Leicester:, acting by the Council:

"the district" means the City of Leicester, except that with respect to any hiring taking place within the City the area within a radius of ten miles from the Town Mill shall be the distance ;

"motor vehicle let rot: hire!" mans every motor vehicle standing or plying for hire notwithstanding that such vehicle stands or plies for hire on private premises only;*

NOTE.—The provisions of these byelaws with respect to motor vehicles let far hire do nut by virtue of Section 98 of ; Leicester Car. potation Art, 1956, apply to-

(1) any vehicle which is used wholly Or mainly in connection with the business of a funeral director or Lamer of funeral vehicles if notice that it is so used has been given to the Corporation by the person keeping it for such purpose : or

(ii) any vehicle which is kept and used ordinarily for the purpose of bring let 6;1 hire by that day or for longer periods of hire : or

(ii) a trolley vehicle ; or

(iv) a public service vehicle ; or

(v) any vehicle belonging to or used by the British Railways Board for the purpose of carrying passengers end their luggage to or from any of :heir railway stations or railway premises or to the drivers or conductors of such vehicles. 

2. Provisions regulating the manner in which the number of each hackney carriage, corresponding with the number of its licence, shall be displayed.

(2) (i) if a disc bearing the number of his licence has been supplied by the Council to the proprietor of a hackney carriage such proprietor shall Cause such disc to be affixed at the rear of the carriage. The disc shall be fixed in a prominent upright position and shall be at all times easily distinguishable.

(ii) A proprietor or driver of a hackney carriage shall—

(a) not willfully or negligently cause or suffer any such disc to. be concealed from public view while the carriage is standing or plying for hire;

(b) not cause or permit the carriage to stand or ply for hire with any such disc so defaced that any figure or material particular is illegible.

Provisions regulating how hackney carriages are to be furnished or provided

3. The proprietor of a hackney carriage shall—

(a) provide sufficient means by which any person in the carriage -may communicate with the driver;

(b) cause the roof or covering to be kept watertight;

(c) provide any necessary windows and a means of opening and closing not less than one window on each side ;

(d) cause the scats to be properly cushioned or covered ;

(e) cause the floor to be provided with a proper carpet, that or other suitable covering ;

(f) cause the fittings and furniture generally to be kept in a clean condition, maintained and in every way fit for public service ; '

(g) provide means for securing luggage if the carriage is so constructed as to carry luggage;

(h) provide an efficient fire extinguisher which shall be carried in such a position as to be readily available for use ;

(i) provide at least two doors for the use, of persons conveyed in such carriage and a separate means of ingress and egress for the driver.

4. Subject. to the provisions of byelaws 5 and 6, a proprietor or driver of a hackney carriage shall not place or suffer to b..; placed on any window of Such carriage any -printed, written or other matter by way of advertisement.

5. Every proprietor of a hackney carriage shall cause the same to be provided with a taximeter sb constructed, attached and maintained as to comply with the following requirements, that is to say,

(i) if the taximeter is fitted with a flag or other device. bearing the words "FOR HIRE"—

(a) the words, "FOR HIRE" shall be exhibited on elicit side of the flag or other device in plain letters at least one and a half inches in height and the flag or other device shall be capable of being locked in a Position which the words are horizontal and legible ;

(b) when the flag or other device is so locked the machinery of. the taximeter shall not be in action and the means of bringing it into action shall be by moving the flag or other device so that the words are not conveniently legible ;.

(c) When the flag or other device is so locked that the -aforesaid words are horizontal and legible no fare shall be recorded on the face of the taxi-;

(ii) if the taximeter is not fitted with a flag or oilier device bearing the words FOR HIRE"

• the taximeter shall be fitted with a key or other device the turning of which bring the  machinery of the taximeter into action and cause the word 'TIRED" to appear on the face of the taximeter
• such key or device shall be capable of being locked in such a position that the machinery of the taximeter is not in action and no fare is recorded on face 'of the taximeter;

(iii) when -the machinery of the taximeter is in., action there shall he recorded' on the face of the taximeter in figures dearly legible and free from ambiguity a fate not exceeding the rate or fare which the pro-prietor or driver is entitled to demand and take in pursuance of the byelaw in that behalf for the hire of the carriage by distance ;

(iv) the word "FARE" shall be printed on the face of the taximeter in plain letters so as clearly to apply to the fare recorded thereon ;

(v) the taximeter shall be so placed that all letters and figures on the face thereof may be at all times plainly visible to any person being conveyed in the carriage, and for that purpose d letters and figures shall be suitably illuminated during any period of

(vi) the taximeter and all the fittings. thereof shall be so affixed to the carriage with seals or other appliances that it shall not be practicable for any person to tamper with them except by breaking, damaging or permanently displacing the seals or other appliances.

6. Every proprietor of a hackney carriage provided with a taximeter not fitted with a flag or other device bearing the words “FOR HIRE" shell cause the carriage to be provided with a sign so constructed as to comply with the following requirements, that is to say-

(a) the sign shall bear the words "FOR HIRE" in plain letters at least one and a half inches in height ;

(b) the sign shall be capable of being so operated that it indicates clearly and. conveniently to persons outside the triage whether or not the carriage is for hire.

Provisions regulating the conduct of the proprietors and drivers of hackney carriages plying within the district in their several employments, and determining whether such drivers wear any and what badges

7. Every driver of a hackney carriage shall-

(i) if the taximeter is .fitted with a flag or other device bearing the words "FOR HIRE",

(a) when standing or plying for hire keep such flag or other device locked in the position in which the words are horizontal and legible;

(b) as soon as the carriage is hired by distance and before commencing the journey, bring the machinery of the taximeter into action by Moving the flag or other device so that the words are not conveniently legible;

(ii) if the taximeter is not fitted with a flag or other device bearing the words "FOR HIRE"—

(a) when standing or plying for hire keep the taximeter locked in the position in which no fare is recorded on the face of the taximeter and operate the sign provided in pursuance of byelaw 6 so that the words "FOR HIRE" are clearly and conveniently legible by persons outside the carriage;

as soon as the carriage is hired, whether by distance or in time, operate the said sign so that

the words "POR HIRE" arc not conveniently legible by persons outside the carriage;

(c) as soon as the carriage is hired by distance, and before commencing the journey, bring the machinery of the taximeter into action by moving the key or other device fitted for the purpose so that the word "HIRED" is legible on the face of the taximeter

(iii) cause the dial of the taximeter to be kept properly illuminated throughout any part of a hiring which is during the hours of darkness as defined in Section 17 of the Road Transport Lighting Act. 1957, and also at any other time at the request of the hirer.

8. A proprietor or driver of a hackney carriage shall not tamper with or permit any person to tamper with any taxi-meter with which the carriage is provided, with the 'fittings thereof, or with the seals affixed thereto provided that. if a taximeter affixed to a hackney carriage is found to be defective or inaccurate the proprietor or a person authorised by him may. break the seals of such taximeter for the purpose of detecting the necessary repairs, provided that such proprietor shall, within twenty-four hours next after breaking. such seals give or cause to be given notice thereof in writing to the Inspector of Public Carriages specifying the number of such hackney carriage.
   
   
9. The driver of a hackney: carriage for which stands are fixed by any byelaw in that behalf shall, when plying for hire in any street and not actually hired.

(a) proceed will, reasonable speed to the stand specified for the purpose of this byelaw in the 'licence relating to the carriage ;

(b) on arriving at the stand, station the carriage immediately' behind the carriage, or carriages on the stand and so as to fade in the same direction ; from time to time when airy other carriage immediately)/ in front is driven of or moved forward, cause his carriage to be moved forward so as. to fill the place previously occupied by the carriage driven off or moved forward.

13.The proprietor or driver of a hackney carriage who has agreed or has been hired to be is attendance with the carriage as an appointed time and place, shall. unless delayed or prevented by some sufficient cause, punctual attend with such carriage at such appointed time and place.

14. The driver of a hackney 'carriage which hired to drive to any particular destination shall, subject to any directions given by the hirer. proceed to that destination by the shortest available route.

15. A proprietor or driver of a hackney carriage shall not convey or permit to be conveyed in such carriage any greater number of persons than the number of persons specified on the plate affixed to the outside of the carriage.; Provided that for the purposes of this byelaw two children apparently under the age of twelve year's shall be regarded as one person and children apparently under the age of three years shall not be reckoned.

16. If a badge has been provided by the Council and delivered to the driver of a hackney carriage, either with the licence granted to him by the Council or afterwards, lie shall, when standing, plying. or driving for hire wear that badge in such position and manner as to be plainly and distinctly visible.

17. The driver of a hackney carriage so constructed as to carry hum: ti hall, when requested by any person hiring or seeking to bird the carriage,

(a) convey a reasonable quantity of luggage ;

(b) afford reasonable assistance in loading and unloading ;

(c) afford reasonable assistance in removing it to or from the entrance of any house, station, or place at which he may take up or set down such person.

Provisions fixing the stands of hackney carriages

18. Each of the several places specified in the following list shall be a stand for such number of hackney carriages as is specified in the list:

• LONDON ROAD STATION YARD: 22 cabs
• CENTRAL STATION YARD: 6 cabs
• CHARLES STREET: immediately north of its junction with Humberstone Gate; centre of road, facing south: 6 cabs
• GRANVILLE ROAD: south-west entrance to Victoria Park opposite Regent Road: 2 cabs
• HORSEFAIR STREET: between Every Street and Municipal Square West: 4 cabs
• HUMBERSTONE GATE: alongside Palais Ballroom between 11 o’clock in the afternoon and 6 o’clock in the forenoon only: 3 cabs
• HUMBERSTONE GATE – west of Charles Street – 2 cabs
• LEE CIRCLE: opposite drive-in Post Office: 3 cabs
• LONDON ROAD: between Station Street and the lower entrance to the London Road railway station; near side of road facing south. Between 11 o’clock in the afternoon and 6 o’clock I the forenoon only: 3 cabs
• MARKET PLACE: south-west of Silver Arcade: 3 cabs
• NEW ROAD: alongside premises of Leicester Printer Ltd: 3 cabs
• PEACKOCK LANE: alongside Nos. 8, 10 and 12: 3 cabs
• WELFORD ROAD: alongside Granby Halls: 2 cabs

Provisions. fixing the 'rates or fares, to be paid for hackney carriages within the district, and securing the due publication of such fares. 

19. The proprietor or driver of a hackney carriage shall be entitled to demand and take for the' hire of the carriage the rate or fare prescribed by the following table, the rate or fare being calculated by distance unless the hirer express at the commencement of the hiring his desire to engage by time.

Provided always that where a hackney carriage furnished with a taximeter shall be hired by distance the proprietor or driver thereof shall not be entitled to demand and take a fare greater than that recorded on the face of the taximeter save. for any extra charges authorised by the following table which it may not be possible to record on the face of the taximeter.

Fares for distance

(I) Mileage

If the distance does not exceed one mile--

• For the whole distance: 2 6

If the distance exceeds one mile—

• For the first mile: 26

For each additional quarter of a mile or uncompleted part thereof: 6

Provided that where a hiring by distance terminates at the place at which it commenced the rate or fare which the proprietor or driver shall be entitled to demand and take for the hiring shall be threequarters of the rate or fare prescribed by the foregoing table.

(ii) Waiting time

For each period of 4 minutes or uncompleted part thereof: 6

(iii) Extra charges

For hiring to the Leicester Racecourse on the occasion of Race Meetings, per mile: 1 0

For each passenger over two to the Leicester Racecourse on the occasion of Race Meetings: 1 0

For each passenger over two (provided that two children between the age; of 3 years and, ten years shall he regarded as one person, and children below the age of 3 years shall not be reckoned) (except for hirings to the Leicester Race course on the occasion of Race Meetings): 6

For each parcel carried on the exterior of any hackney carriage: 3

For each perambulator, bicycle, sea-going trunk and the like carried on the exterior of any hackney carriage: 6

For each dog carried: 1 0

For each hiring begun between the hours of 12 midnight and 6a.m: 10

20. (1) The proprietor of a hackney carriage for which any fares are fixed by any byelaw in that behalf shall—

(a) cause a statement of such fares to be or marked on the inside of the carriage, or on a plate affixed thereto, in clearly distinguishable letters and figures:

(b) renew such letters and figures as often as is necessary to keep them clearly visible.

(2) The proprietor or driver of a hackney carriage bearing a statement of fares in accordance with this byelaw shall not willfully or negligently cause or suffer the letters or figures in the statement to be concealed or rendered illegible at any time while the carriage is plying or being used for hire.

Provisions securing the safe custody and redelivery of any property accidentally left in hackney carriages, and fixing the charges to be made in respect thereof. 

21. The proprietor or driver of a hackney carriage shall. immediately after the termination of any hiring or as soon as practicable thereafter, carefully search the carriage for any property which may have been accidentally left therein.

22. The proprietor or driver of a hackney carriage shall, if any property accidentally left therein by any. person who may have been conveyed in the carriage be found by or handed to him.

• carry it within 24 hours, if not sooner claimed by or on behalf of its owner, to a police station in the district, and leave it in the custody of the officer in charge of the police station on his giving a receipt for it;
• (2) be entitled to receive from any person to whom the property shall be re-delivered an 'amount equal to one shilling in the pound of its estimated value (or the, fare for the distance from the place of finding to the police station, whichever be the greater) but not more than five pounds

Provisions of the Tom Police Clauses Oct, 1847, applicable to motor vehicles let for hire 

23. The following provisions of the Town Police Clauses Act, 1847 shall apply to motor vehicles let for hire as if they were in terms applicable thereto that is to say)—

• Section 37(Commissioners may licence hackney carriages);
• Section 40 (Persons applying for a licence to sign a requisition) ;
• Section 41 (What shall be specified in the licences) ;
• Section 42 (Licences to be registered) ;
• Section 43 (Licence to be in force for one year only) ;
• Section 44 (Notice to be given by proprietors of hackney carriages of any change of abode) ;
• Section 45 (Penalty for plying for hire without a licence);
• Section 46 (Drivers not to act without first obtaining a licence) ;
• Section 47 (Penalty on drivers acting without licence, or proprietors employing unlicensed drivers) ;
• Section 48 (Proprietor t6 retain licence of driver while in his employ and to produce it before justices on complaint) ;
• Section 49 (Proprietor to return licence to driver when leaving his service, unless guilty of misconduct, in which case proprietor to summon driver) ;
• Section 50 (Licences of proprietors or drivers may be suspended or revoked on a second conviction) ;
• Section 59 (Penalty for permitting persons to ride without consent of hirer) ; and
• Section 67 (Penalty and compensation for damaging carriage) :

Provided that—

the said Section 41 shall only apply as if the following words were deleted therefrom :—

"which shall correspond with the number to be painted or marked on the plates to be fixed on such carriage, together with such other particulars a the commissioners think fit."

Provisions of these byelaws applicable. to motor vehicles let for hire 

24. The following provisions of these. byelaws shall apply to motor vehicles let for hire as if they were in terms applicable-thereto (that is to say)—

• Byelaw 2 (Proprietor to affix disc bearing licence number to carriage) ;.
• Byelaw 3 (Regulating how carriages arc to be furnished or provided) ;
• Byelaw 4 (Advertisements not to be put on windows of carriage) ;
• Byelaw l (Persons not to be solicited to hire carriages) ;
• Byelaw 12 (Driver to behave civilly and take care for safety of passengers) ;
• Byelaw 13 (Carriage to attend punctually at appointed time and place);
• Byelaw 17 (Driver to convey and assist with a reasonable quantity of luggage);
• Byelaw 21 (carriage to be searched after termination of hiring for property accidently left therein) ;
• Byelaw 22 (Disposal of property accidently left in carriage) ; and
• Byelaw 25 (Penalties for offences against these byelaws).

Penalties

25. Every person who shall offend against any of these byelaws shall be on summary conviction to a fine not exceeding five pounds and in the case of a continuing offence to a further fine not exceeding forty shillings for each day during which the offence continues after conviction therefor.

Repeal of Byelaws

26. The byelaws relating to hackney carriages made by the Council on the 11th day of October, 1956, and confirmed by one of Her Majesty's principal Secretaries of State on the 4th day of December, 1956, are. hereby repealed.

It was resolved that the foregoing Byelaws be made at meeting of the Council of the City of Leicester held on the twenty-ninth day of June One thousand nine hundred and sixty-five. 

In witness whereof the Council have caused Common Seal of the Lord Mayor, Aldermen and the Citizens of the City of Leicester to be hereunto affixed this twenty-second day of July One thousand nine hundred and sixty-five.

The Common Seal of the Lord Mayor, Aldermen and Citizens of the City of Leicester was hereunto affixed in the presence of G. C. OGDEN, Town Clerk

The Secretary of State this day confirmed the foregoing byelaws and fixed the date on which they are to come into operation as the 1^st day of December, 1965.

1965. J. Guppy, An Assistant Under-Secretary of State, Home Office, Whitehall, 7^th October, 1965.

Appendix

Leicester Corporation Act 1913

Section 50 – Extending limits of byelaws as to hackney carriages. 

For the purpose of the provisions of the former acts of the Town Police Clauses Act 1847 and 1889 with respect to hackney carriages the Borough shall be the prescribed distance except with respect to any hiring taking place within the Borough in which case ten miles from the Town Hall shall be prescribed distance.

Provided that it shall not be obligatory on the drivers of hackney carriages to contract to carry persons for hire a longer distance than such ten miles and in the case of any such hiring within the Borough any offence against any byelaw of the Corporation with respect to hackney carriages whether such offence shall have been committed with the Borough or may not be brought before and determined by any Justice or Justices of the Peace having jurisdiction in the Borough.

Section 51 - Power to Inspect and Certify Taximeters

The Corporation may require any taximeter or other similar apparatus used or intended to be used on any hackney carriage plying for hire within the Borough to be tested and inspected before being first used and at such reasonable intervals of time thereafter as the Corporation may require and no such taximeter or other similar apparatus shall be used or be continued in use unless the same be certified to register correctly. Any person using a taximeter or other similar apparatus which is not certified or failing to submit the same for testing and inspection at such reasonable intervals of time as aforesaid shall be liable upon conviction to a penalty not exceeding forty shillings.

W.H.L.LTD