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LAW

Local Government (Miscellaneous Provisions) Act 1976 (Part II)

Issue of  54-(1) When granting a driver's license under section 51 of this Act a district council shall 
drivers'  issue a driver's badge in such a from as may from time to time be prescribed by them
badges
(2) (a) A driver shall at all times when acting in accordance with the driver's license granted to
him wear such badge in such a position and manner as to be plainly and distinctly visible.
  (b) If any person without reasonable excuse contravenes the provisions of this 
subsection, he shall be guilty of an offence.
 

 
Licensing of  55-(1) Subject to the provision of this Part of this Act, a district council shall, on receipt of an
operators of application from any person for the grant to that person of a license to operate private
private hire vehicles grant to that person an operators license.
vehicles Provided that a district council shall not grant a license unless they are satisfied that the
applicant is a fit and proper person. is a fit and proper person to hold an operators license.
    
(2) Every license granted under this section shall remain in force for such a period, not 
being longer than five years, as a district council may specify in the license.
(3) A district council may attach to the grant of a license under this section such conditions
as they may consider reasonably necessary.
  (4) Any applicant aggrieved by the refusal of a district council to grant an operators license under
    this section, or by any conditions attached to the grant of such a license, may appeal to a
  magistrates court.
 

 
Operators of  56-(1) For the purposes of this Part of this Act every contract for the hire of a private hire
private hire vehicle licensed under this Part of this Act shall be deemed to be made with the
vehicles operator who accepted the booking for that vehicle whether or not he himself provided
the vehicle.
(2) Every person to whom a license in force under section 55 of this Act has been granted by
   a district council shall keep a record in such form as  the council may, by condition
attached to the grant of he license, prescribe and shall enter therein, before the
commencement of each journey, such particulars of every booking of a private hire    
vehicle invited or accepted by him, whether by accepting the same for the hirer or by
undertaking it at the request of another operator, a as the district council may by
condition prescribe and shall produce such record on request to any authorised officer of
the council or to any constable for inspection.
(3) Every person to who a license in force under section 55 of this Act has been granted by a
district council shall keep such records as the council may, by conditions attached to the
grant of the license, prescribe of the particulars of any private hire vehicle operated by
him and shall produce the same on request to any authorised officer of the council or
to any constable for inspection.
(4) A person to whom a license in force under section 55 of this Act has been granted by a
district council shall produce the license upon request to any authorised officer of the
council or any authorised constable for inspection.
(5) If any person without reasonable excuse contravenes the provisions of this section, he
shall be guilty of an offence.
 

 
Power to   57-(1) A district council may require any applicant for a license under the Act of 1847 or under
require this Part of this Act to submit to them such information as they may reasonably consider
applicants to necessary to enable them to determine whether the license should be granted and
submit whether conditions should be attached to any such license.
information (2) Without prejudice to the generality of the foregoing subsection--
(a) a district council may require an applicant for a drivers license in respect of a
hackney carriage or a private hire vehicle---

  

 

 

 

 

 (i) to produce a certificate signed by a registered medical practitioner to the effect that
he is physically fit to be the driver of a hackney carriage or a private hire vehicle; and
(ii) whether or not such a certificate has been produced, to submit to examination by a
registered practitioner selected by the district council as to his physical fitness to be the
driver of a hackney carriage or a private hire vehicle;
(b) a district council may require an applicant for an operators license to submit to them 
    such information as to --
(i) the name and address of the applicant;
(ii) the address or addresses whether within the area of the council or not from which he 
    intends to carry on business in connection with private hire vehicles licensed under this Part of 
    this Act;
(iii) any trade or business activities he has carried on before making his application;
(iv) any previous application he has made for an operators license;
(v) the revocation or suspension of any operators license previously held by him;
(vi) any convictions recoded against the applicant; as they may reasonably consider 
necessary to enable them to determine whether to grant such license;
(c) in addition to the information specified in paragraph (b) of this subsection, a district
council; may require an applicant for an operators license to submit to them--
(i) if the applicant is or has been a director or secretary of a company, information as to 
any convictions recorded against that company at any relevant time; any trade or 
business activities carried on by that company; any previous application made by that 
    company for an operators license; and any revocation or suspension of an operators license
previous held by that company; 
(ii) if the applicant is a company, information as to any convictions recorded against a     
director or secretary of that company; any trade or business activities carried on by any
such director or secretary; any previous application made by any such director or
    secretary for an operators license; and any revocation or suspension of an operators license
previously held by such director or secretary;
(iii) if the applicant proposes to operate the vehicle in partnership with any person,   
information as to any convictions recorded against that person; any trade or business
activities carried on by that person; any previous application made by that person for an
operators license; and any revocations or suspension of an operators license previously 
held by him.
(3) If any person knowingly or recklessly makes a false statement or omits material 
particular in giving information under this section he shall be guilty of an offence.
 

 
Return of     58-(1) On--
identification (a) the revocation or expiry of a vehicle license in relation to a hackney carriage or private 
plate or disc hire vehicle; or 
on revocation (b) the suspension of a license under section 68 of this Act; a district council may by notice   
or expiry of require the proprietor of that hackney carriage or private hire vehicle licensed by them to
license etc. return to them within seven days after the service on him of that notice the plate or disc
which--
(a) in the case of a hackney carriage, is required to be affixed to the carriage as 
mentioned in section 38 of the Act of 1847; and
(b) in the case of a private hire vehicle, was issued for the vehicle under section 48(5) of 
    this Act.
  (2) If any proprietor fails without reasonable excuse to comply with the terms of a notice
  under subsection (1) of this section--
(a) he shall be guilty of an offence and liable on summary conviction to a fine not 
exceeding one hundred pounds and to a daily fine not exceeding ten pounds; and
(b) any authorised officer of the council or constable shall be entitled to remove and retain 
the said plate or disc from the said hackney carriage or private hire vehicle.
 

 
Qualifications  59-(1) Notwithstanding anything in the Act of 1847,a district council shall not grant a license to drive a 
for drivers of hackney carriage--
hackney (a) unless they are satisfied that the applicant is  a fit and proper to hold a drivers license; 
carriages or
(b) to any person who has not for at least twelve months been, and is not at the date of the 
    application for a drivers license, the holder of a license granted under Part III of the Act of 
    1972 (not being a provisional license) authorising him to drive a motor car.
  (2) Any applicant aggrieved by the refusal of a district council to grant a driver's license on the 
    ground he is not a fit and proper person to hold such a license may appeal to a magistrates 
    court.
 

 
Suspension 60-(1) Notwithstanding anything in the Act of 1847 or in this Part of this Act, a district council may   
and revocation suspend or revoke, or (on application therefore under section 40 of the Act of 1847 or
of vehicle section 48 of this Act, as the case may be) refuse to renew a vehicle license of a driver on the
licenses following grounds:-
    (a) that the hackney carriage or private hire vehicle is unfit for use as a hackney carriage 
    or private hire vehicle;
    (b) any offence under, or non-compliance with, the provisions of the Act of 1847 or of this 
    Part of this Act by the operator or driver; or
(c) any other reasonable cause.
(2) (a) Where a district council suspend, revoke or refuse to renew any license under this     
section they shall give to the driver notice of the grounds on which the license has been
suspended or revoked or on which they have refused to renew such license within
fourteen days of such suspension, revocation or refusal and the driver shall on demand
return to the district council the drivers badge issued to him in accordance with section 54
this Act.
(b) If any person without reasonable excuse contravenes the provisions of this section he  
shall be guilty of an offence and liable on summary conviction to a fine not exceeding 
twenty pounds.
(3) Any driver aggrieved by a decision of a district council under this section may appeal to a
magistrates' court.
 

 
Suspension 62-(1) Notwithstanding anything in this Part of this Act a district council may suspend or revoke, 
and  (on application therefore under section 55 of this Act) refuse to renew an operator's license
revocation or  on any of the following grounds:-
of operators (a) any offence under, or non-compliance with, provisions of this part of this Act:
licenses (b) any conduct on the part of the operator which appears to the district council to render 
    him unfit to hold an operator's license;
    (c) any material change since the license was granted in any of the circumstances of the
    operator on the basis of which the license was granted; or
    (d) any other reasonable cause.
  (2) Where a district council suspend, revoke or refuse to renew any license under this section 
they shall give to the operator notice of the grounds on which the license has been 
    suspended or revoked or on which they have refused to renew such license within fourteen 
  days of such suspension, revocation or refusal.
  (3) Any operator aggrieved by a decision of a district council under this section may appeal to a 
    magistrates' court.
 

 
Stands for 63-(1) For the purposes of their functions under the Act of 1847, a district council may from time to
hackney time appoint stands for hackney carriages for the whole or part of a day in any highway in
carriages the district which is maintainable at the public expense and, with the consent of the owner,
to any land in the district which does not form of a highway so maintainable and may
from time to time vary the number of hackney carriages permitted to be at each stand.
(2) Before appointing any stand for hackney carriages or varying the number of hackney 
  carriages to be at each stand in exercise of the powers of this section, a district council 
shall give notice to the chief officer of police for the police area in which the stand is
situated and shall also give public notice of the proposal by advertisement in at least one 
local newspaper circulating in the district and shall take into consideration any objections 
    or representations in respect of such proposal which may be made to them in writing
within twenty-eight days of the first publication of such notice.
(3) Nothing in this section shall empower a district council to appoint any such stand--
  (a) so as unreasonably to prevent access to any premises;
(b) so as to impede the use of any points authorised to be used in connection with a road 
1960 c. 16.   service license granted under section 134 of the Road Traffic Act 1960, or permit granted 
1968 c. 73.   under section 30 of the transport Act 1968, as points for the taking up or setting down of 
    passengers, or in such a position as to interfere unreasonably with access to any station or 
    depot of any passenger road transport operators, except with the consent of those 
    operators;
    (c) on any highway except with the consent of the highway authority;
    and in deciding the position of stands the district council shall have regard to the position of 
    any bus stops for the time being in use.
  (4) Any hackney carriage byelaws for fixing stands for hackney carriages which were made by 
    a district council before the date when this section comes into force in the area of the 
    council and are in force immediately before that date shall cease to have effect, but any 
    stands fixed by such byelaws shall be deemed to have been appointed under this section.
  (5) The power to appoint stands for hackney carriages under subsection (1) of this section shall 
    include power to revoke such appointment and to alter any stand so appointed and the 
    expressions "appointing'' and ''appoint'' in subsections (2) and (3) of this section shall be construed accordingly.
     

 
Prohibition of 64-(1) No person shall cause or permit any vehicle other than a hackney carriage to wait on any 
other vehicles   stand for hackney carriages during the any period or which that stand has been appointed, 
on hackney    or is deemed to have been appointed, by a district council under the provision of section
carriage    63 of this Act.
stands (2) Notice of the prohibition within this section shall be indicated by such traffic signs a may
    be prescribed or authorised for the purpose by the Secretary of State in pursuance of his 
1967 c. 76.   powers under section 54 of the Road Traffic Regulations Act 1967.
  (3) If any person without reasonable excuse contravenes  the provisions of the 
    provisions of this section, he shall be guilty of an offence
  (4) In any proceedings under this section against the driver of a public service vehicle it shall 
    be a defence to show that, by reason of obstruction to traffic or for other compelling
    reason, he caused his vehicle to wait on a stand or part thereof and that he caused or
    permitted his vehicle so to wait only for so long as was reasonably necessary for the taking 
    up or setting down passengers.
     

 
Fixing of fares 65--(1) A district council may fix the rates or fares within the district as well for time as distance, 
for hackney   and all other charges in connection with the hire of  vehicle or with the arrangements for 
carriages   the hire of the vehicle; to be paid in respect of the hire of hackney carriages by means of a 
    table (hereafter in this section referred to as a ''table of fares'') made or varied in 
    accordance with the provisions of this section.
  (2) (a) When a district council make or vary a table of fares they shall publish in at least one 
    local newspaper circulating in the district a notice setting out the table of fares or the 
    variation thereof and specifying the period, which shall not be less than fourteen days from 
    the date of the first publication of the notice, within which the manner in which objections 
    to the table of fares or variation can be made.
    (b) A copy of the notice referred to in paragraph (a) of this subsection shall for the period of 
    fourteen days from the date of the first publication thereof be deposited at the offices of the 
    council which published the notice, and shall at all reasonable hours be open to the public 
    inspection without payment.
  (3) If no objection to a table of fares or variation is duly made within the period specified in 
    the notice referred to in subsection (2) of this section, or if all objections so made are 
    withdrawn, the table of fares or variation shall come into operation on the date of the 
    expiration of the period specified in the notice or the date of withdrawal of the objection 
    or, if more than one, of the last objection, whichever date is the later.
  (4) If objection is duly made as aforesaid and is not withdrawn, the district council shall set a 
    further date, not later than two months after the first specified date, on which the table of 
    fares shall come into to force with or without modifications as decided by them after 
    consideration of the objections.
  (5) A table of fares made or varied under this section shall have effect for the purposes of the 
    Act of 1847 as if it were included in hackney carriage byelaws made hereunder.
  (6) On the coming into operation of a table of fares made by a council under this section for 
    the district, any hackney carriage byelaws fixing the rates and fares or any table of fares  
    previously made under this section for the district, as the case may be, shall cease to have
    effect.
  (7) Section 236(8) (except the words ''when confirmed'') and section 238 of the Local  
1972 c.70.   Government Act 1972 (except paragraph (c) and (d) of that section) shall and extend and 
    apply to a  table of fares made or varied under this section as they apply to byelaws made
    by a district council.
     

 
Fares for  66-(1) No person, being the driver of a hackney carriage licensed by a district council, and 
long journeys undertaking for any hirer a journey ending outside the district and in respect 
    of which no fare and o rate of fare was agreed before the hiring was effected,
shall require for such journey a fare 
greater than that indicated on the taximeter with which the hackney carriage is equipped 
or, if it is not equipped with a taximeter, greater than that which, if the current bylaws 
    fixing rates or fares and in force in the district in pursuance of section 68 of the Act of 1847 or,
as the case may be, the current table of fares in force within the district in pursuance of 
section 65 of this Act had applied to the journey, would have been authorised for the
    journey by the byelaws or table.
  (2) If any person knowingly contravenes the provisions of this section, he shall be guilty of an
  offence.
 

 
Hackney  67-(1) No hackney carriage shall be used in the district under a contract or purported contract for 
carriages  private hire except at a rate of fares or charges not greater than that fixed by the 
used for  byelaws or table mentioned in section 66 of this Act, and, when any such hackney carriage 
private hire   is so used, the fare or charge shall be calculated from the point in the district at which the
  hirer commences his journey.
  (2) Any person who knowingly contravenes this section shall be guilty of an offence.
  (3) in subsection (1) of this section ''contract'' means-
              (a) a contract made otherwise than which while the relevant hackney carriage is plying
                   for hire in the district or waiting in place in the district which, when the contract is
                   made, is standing for hackney carriages appointed by the district council under
                   section 63 of this Act; and
              (b) a contract made, otherwise than with or through the driver of the relevant 
                   hackney carriage, while it is so plying or waiting.         
     

 
Fitness of 68 Any authorised officer of the council in question or any constable shall have the power at 
Hackney    all reasonable times to inspect and test, for the purpose of ascertaining its fitness, any 
carriages   hackney carriage or private hire vehicle licensed by a district council, or any taximeter 
and private    affixed to such a vehicle, and if he is not satisfied as to the fitness of the hackney carriage 
hire vehicles   or private hire vehicle, or as to the accuracy of its taximeter he may be by notice in writing 
    require the proprietor of the hackney carriage or private hire vehicle to make it or its taxi meter 
    available for further inspection and testing at such reasonable time and place as may be 
    specified in the notice and suspend the vehicle license until such time as such authorised 
    officer or constable is so satisfied;
     
    Provided that, if the authorised officer or constable is not so satisfied before the expiration 
    of a period of two months, the said license shall, by virtue of this section, be deemed to 
    have been revoked and subsections (2) and (3) of this section 60 of this Act shall apply with 
    any necessary modifications.
     

 
prolongation 69-(1) No person being the driver of a hackney carriage or of a private hire vehicle licensed by a 
of journeys   district council shall without reasonable cause unnecessarily prolong, in distance or in time, 
    the journey of which the hackney carriage to [private hire vehicle has been hired.
  (2) If any person contravenes the provision of this section, he shall be guilty of an offence.
     

 
Fees for  70-(1) Subject to the provisions of subsection (2) of this section, a district council may charge 
vehicle and   such fees for the grant of vehicle and operators' licenses as may be resolved by them from
operators   time to time and as may be sufficient in the aggregate to cover in whole or in part-
licenses   (a) the reasonable cost of the carrying out by or on behalf of the district council of
    inspections of hackney carriages and private hire vehicles for the purpose of
    determining whether any such license should be granted or renewed;
    (b) the reasonable cost of providing hackney carriage stands; and
    (c) any reasonable administrative or other costs in connection with the foregoing and with 
    the control and supervision of hackney carriage and private hire vehicles.
  (2) The fees chargeable under this section shall not exceed-
    (a) for the grant of a vehicle license in respect of a hackney carriage, twenty five pounds; 
    (b) for the grant of a vehicle license in respect of a private hire vehicle, twenty five pounds;
    and
    (c) for the grant of an operators license, twenty five pounds per annum;
    or, in any such case, such others sums as a district council may, subject to the following 
    provisions of this section, from time to time determine.
  (3) (a) If a district council determine that the maximum fees specified in subsection (2) of this 
    section should be varied they shall publish in at least one local newspaper circulating in 
    the district a notice setting out the variation proposed, drawing attention to the provisions  
    in paragraph (b) of this subsection and specifying the period, which shall be not less than 
    twenty-eight days from the date of the first publication of the notice, within which and the 
    manner in which objections to the variations can be made.
    (b) A copy of this notice referred to in paragraph (a) of this subsection shall for the period of
    twenty-eight days from the date of first publication thereof be deposited at the offices of 
    the council which published the notice and shall at all reasonable hours be open to public 
    inspection without payment.
  (4) If no objection to a variation is duly made within the period specified in the notice referred 
    to in subsection (3) of this section, or if all objections so made are withdrawn, the variation 
    shall come into operation on the date of the expiration of the period specified in the notice 
    or the date of withdrawal of the objection or, if more than one, of the last objection, 
    whichever date is the later.
(5) If the objection is duly made as aforesaid and is not withdrawn, the district council shall 
    set a further date, not later than two months after the first specified date, on which the 
    variation shall come into force with or without modifications as decided by the district council 
    after consideration of the objections.
  (6) A district council may remit the whole or part of any fee chargeable in pursuance of this 
    section for the grant of a license under section 48 or 55 of this Act in any case in which 
    they think it is appropriate to do so.
     

 
Taximeters 71-(1) Nothing in this Act shall require any private hire vehicle to be equipped with any form of 
    taximeter but no private hire vehicle so equipped shall be used for hire in a controlled 
    district unless such a taximeter has been tested and approved by or on behalf of the 
    district council for the district or any other district council by which a vehicle in force for 
    the vehicle was issued.
  (2) Any person who--
              (a) tampers with any seal on any taximeter without lawful excuse; or
              (b) alters any taximeter with intent to mislead; or
              (c) knowingly causes or permits a vehicle of which he is the proprietor to be used 
                   in contravention of subsection (1) of this section, shall be guilty of an offence.
     

 
Offences due 72-(1) Where an offence by any person under this Part of this Act is due to the Act or default of 
to fault of    another person, then, whether proceedings are taken against the first-mentioned person or 
other person   not, that other person may be charged with and convicted of that offence, and shall be 
etc..   liable on conviction to the same punishment as might have been imposed on the first 
    mentioned person if he had been convicted of the offence.
  (2) Section 44(3) of this Act shall apply to an offence under this part of this Act as it applies to 
    an offence under Part 1 of this Act.
     

 
Obstruction 73-(1) Any person who---
of authorised   (a) willfully obstructs an authorised officer or constable acting in pursuance of this part of
officers   this Act of 1847; or
    (b) without reasonable excuse fails to comply with any requirement properly made to him 
    by such officer or constable under this Part of this Act; or
    (c) without reasonable cause fails to give such an officer or constable so acting any other 
    assistance or information which he may reasonably require of such person for the purpose
    of the performance of his functions under this Part of this Act or the Act of 1847;
    shall be guilty of an offence.
   (2) If any person, in giving any such information as is mentioned in the preceding subsection, 
    makes any statement which he knows to be false, he shall be guilty of an offence. 
     

 
 Saving for 74 Where any provision of this Part of this Act coming into operation on a day fixed by 
certain   resolution under section 45 of this Act requires the licensing of a person carrying on any 
businesses   business, or of any vehicle used by a person in connection with any business, it shall be 
    lawful for any person who--- 
    (a) immediately before that day was carrying on that business; and
    (b) had before that day duly applied for the license required by that provision;
    to continue to carry on that business until he is informed of the decision with regard to his
    application and, if the decision is adverse, during such further time as is provided under
    section 77 of this Act. 
     

 
Saving for  75-(1) Nothing in this Part of the Act shall--- 
certain  (a) apply to a vehicle used for bringing passengers or goods within a controlled district in
vehicles ect..   pursuance of a contract for the hire of the vehicle made outside the district if the vehicle is
    not made available for hire within the district;
   (b) apply to a vehicle used only for carrying passengers for hire or reward under a contract for
    the hire of the vehicle for a period of not less than seven days;
  (c) apply to a vehicle while it is being used in connection with a funeral or a vehicle used
    wholly or mainly, by a person carrying on the business of a funereal director, for the
    purposes of funerals;
  (d) require the display of any plate, disc or notice in or on any private hire  vehicle licensed by
    a council under this Part of this Act during such period that such vehicle is used for carrying
    passenger for hire or reward---
              (i)  to, from or in connection with any wedding ceremony; or
              (ii) under a contract for the hire of the vehicle for a period of not less than 24 hours.
  (2) Paragraphs (a), (b) and (c) of section46(1) of this Act shall not apply to the use or driving a 
    vehicle or to the employment of a driver of a vehicle while the vehicle is in used as a private 
    hire vehicle a controlled district if a license is issue under section 48 of this Act by the 
    council whose area consists of or includes another controlled district is then in force for the 
    vehicle and a drivers license issued by such  a council is then in force for the driver of the 
    vehicle.
    (3) Where a license under section 48 of this Act is in force for a vehicle, the council which 
    issued the license may, by a notice in writing given to the proprietor of the vehicle, provide 
    that paragraph (a) of subsection (6) of that section shall not apply to the vehicle on any 
    occasion specified in the notice or shall not so apply while the notice is carried in the 
    vehicle; and on any occasion on which by virtue of this subsection that paragraph does not 
    apply to a vehicle section 54(2((a) of this Act shall not apply to the driver of the vehicle.
     

 
Penalties  76 Any person who commits an offence against any of the provisions of this Part of this Act in 
    respect of which no penalty is expressly provided shall be liable on summary conviction to a 
    fine not exceeding one hundred pounds.
     
Appeals 77-(1) Sections 300 to 302 of the Act of 1936, which relate to appeals, shall have effect as if this Part of this Act were part of the Act. 
  (2) If any requirement, refusal or other decision of a district council against which a right of 
    appeal is conferred by this Act--- 
    (a) involves the execution of any work or the taking of any action, or
    (b) makes it unlawful for any person to carry on a business which he was lawfully carrying on 
    up to the time of the requirement, refusal or decisions; 
    then, until the time for appealing has expired, or, when an appeal is lodged, until the appeal is
    disposed of  or withdrawn or fails for want of prosecution---
              (i) no proceedings shall be taken  respect of any failure to execute the work. or take        
                  the action; and           
              (ii) that person may carry on that business.
     

 
Application of 78 Subsection (1) of section 283 and section 304 of the Act of 1936 shall have effect as if references 
provisions of   therein to that Act included a reference to this Part of this Act.
Act of 1936    
     

 
Authentication  79 Notwithstanding anything in section 43 of the Act of 1847, any vehicle license or drivers license 
of licenses   granted by a district council under that Act, or any license granted by a district council under 
    this Part of this Act, shall not be required to be under common seal of the district council, but if 
    not so sealed shall be signed by an authorised officer of the council.
     
interpretation 80-(1) In this Part of this Act, unless the subject or context otherwise requires---
of Part ii    
1847 c. 89.   '' the Act of 1847 ''         means the provisions of the Town Police Clauses Act 1847 with respect 
                                         to hackney carriages;
1936 c. 49.   '' the act of 1936 ''         means the Public Health Act of 1936;
    '' the Act of 1972 ''         means he Road Traffic Act of 1972;
1972 c. 20.   '' authorised officer ''    means any officer of a district council authorised in writing by the 
                                         council for the purposes of this Part of this Act;
    '' contravene ''              includes fail to comply;
    '' controlled district ''    means any area for which this Part of this Act is in force by virtue or a 
                                         resolution passed by a distinct council under section 45 of this Act;
    '' daily fine ''                means a fine for each day during which an offence continues after 
                                        conviction thereof;
    '' the district '',              in relation to a district council in whose area  the provisions of this Part 
                                        of this Act are in force, means--- 
              (a) if those provisions are in force throughout the area of the council, that area; and
              (b) if those provisions are in force for part only of the area of the council, that part of that 
                   area;
    '' drivers badge ''         means, in relation to the driver of a hackney carriage, any badge issued 
                                        by a district council under byelaws made under section 68 of the Act 
                                        of 1847 and, in relation to the driver of a privets hire vehicle, any badge 
                                        issued by a district council under section 54 of this Act;
    '' drivers license ''        means, in relation to the driver of a hackney carriage, a license under 
                                        section 46 of the Act of 1847 and, in relation to the driver of a private 
                                        hire vehicle, a license under section 51 of this Act; 
    " hackney carriage "    has the same meaning as in the Act of 1847;
    " hackney carriage bylaws'' means the byelaws  for the time being in force in the controlled 
                                        district in question relating to hackney carriages;
    '' operate ''                  means in the course of business to make provision for the invitation or 
                                        acceptance of bookings for a private hire vehicle;
    '' operators license ''    means a license under section 55 of this Act;
    '' private hire vehicle '' means a motor vehicle constructed or adapted to seat fewer than
                                        eight passengers, other than a hackney carriage or public service  
                                       vehicle,  which is provided for hire with the services of a driver for the  
                                       purposes of carrying passengers;
    '' proprietor ''              includes a part-proprietor and, in relation to a vehicle which is the 
                                       subject of a hiring agreement, or hire-purchase agreement, means the  
                                      person in possession of the vehicle under that agreement;
    '' public service vehicle'' has the same meaning as in section 117 of the Road Traffic Act of 
1960 c. 16.                                      1960;
    '' Taximeter ''              means any device for calculating the fare to be charged in respect of 
                                      any  journey in a hackney carriage or private hire vehicle by reference  
                                      to the distance traveled or time elapsed since the start of the journey, 
                                      or a combination of both; and
    '' vehicle license ''      means in relation to a hackney carriage a license under sections 37 to   
                                      45 of the Act of 1847 and in relation to a private hire vehicle means a 
                                       license under section 48 of the Act.
  (2) In this part of the Act references to a license. in connection with a controlled district, are 
    references to a license issued by the council whose area consists of or includes that district, 
    and '' licensed '' shall be construes accordingly.
  (3) Except where the context otherwise requires, any reference in this Part of this Act to any 
    enactment shall be construed as a reference to that enactment a applied, extended, amended  
    or varied by, or by virtue of, any subsequent enactment including the Act.

 

Acknowledgment:

The Local Government (Miscellaneous Provisions) Act 1976 is reproduced under the terms of Copyright Policy Guidance issued by HMSO.

 

Accessibility: 

Every effort has been made in the reproduction of the above item. In the event of the need to use any part of the above, for any purpose, we respectfully suggest you obtain a copy of the Act. Refer: www.hmso.gov.uk 

 

Guidance:

The above are reproduced here to provide assistance and guidance to those drivers within the Private Hire trade of Nottinghamshire. We do of course welcome other visitors.

 

 

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Copyright © 2003 Association of Nottinghamshire Private Hire Operators                                                                               
Last modified: July 18, 2003