Hackney Carriage Bylaws

Made under section 68 of the Town Police Clauses Act, 1847 and section 171 of the Public Health Act, 1875 by the mayor Aldermen and Burgesses of the County Borough Council of Southend-on-Sea acting by the Council with respect to Hackney Carriage in the said County Borough of Southend-on-Sea.

Reprinted in accordance with the Provisions of the Local Government (Miscellaneous Provisions) Act 1976.

Provisions regulating the manner in which the number of each hackney carriage, corresponding with the number of its licence, shall be dis- played.

2.

• (a) The proprietor of a hackney carriage shall cause the number of the licence granted to him in respect of the carriage to be legibly marked on the outside and inside of the carriage on plates affixed thereto, such plates to be of the colour and shape as determined by the council;
• (b) the proprietor or driver of a hackney carriage shall not:
  • (i) wilfully or negligently cause or suffer and such number to be concealed from public view whilst the carriage is standing or plying for hire;
  • (ii) cause or permit the vehicle to stand or ply for hire with any such plate so defaced that any figure or material particular is illegible.

Provision 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 renew the glass and frames thereof from time to time as occasion may require and provide a means of opening and closing not less than one of the said windows on each side;
• (d) cause the seats to be properly cushioned or covered;
• (e) cause the floor to be provided with a proper carpet, mat or other suitable covering;
• (f) cause the fittings and furniture generally to be kept in a clean condition, well maintained and in every way fit for public service;
• (g) provide means for securing 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 separate means of ingress and egress for the driver;
• (j) have fitted in the carriage in a position approved by the Council an electric light sufficient to illuminate the interior thereof.

4.

The proprietor of a hackney carriage shall cause the carriage to be provided with a taxi-meter which shall be so constructed, attached and maintained as to comply with the following requirements, that is to say:

• (a) the taximeter shall be so constructed that it is not possible for any person to manually alter the tariff rate without breaking the seals affixed thereto;
• (b) the taximeter shall be fitted with a key, flag or other device the operation of which will bring the machinery of the taximeter into action and cause the word "HIRED" to appear on the face of the taximeter;
• (c) such key, flag or other device shall be capable of being locked in such a position that the machinery of the taximeter is not in action and that no fare is recorded on the face of the taximeter;
• (d) when the machinery of the taximeter is in action there shall be recorded on the face of the taximeter in figures clearly legible and free from ambiguity the fare which the proprietor or driver is entitled to demand and take for the hire of the carriage by distance in pursuance of the byelaw in that behalf;
• (e) 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;
• (f) the taximeter shall be so placed that all letters and figures on the face thereof shall be at all times plainly visible to any person being conveyed in the carriage and for that purpose the letters and figures shall be suitably illuminated during any period of hiring, and shall be incorporated in and operated in conjunction with the key, flag or other device which brings the machinery of the taximeter into action and no other method of operating the said light shall be employed;
• (g) the taximeter and all the fittings thereof shall be so affixed to the carriage with the 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.

5.

The proprietor or driver of a hackney carriage shall not place any advertisement, sign, or light, either inside or outside the carriage, which is not required by law to be displayed or fitted, except:

• (a) a "TAXI" sign on the roof of such carriage provided the sign does not exceed fourteen inches in width and four inches in height and is not illuminated when the carriage is not available for hire;
• (b) an inscription not exceeding thirty-six square inches in size identifying the proprietor of such carriage or the association of proprietors to which he belongs on the panel of the front doors;
• (c) a panel not exceeding ten inches by six inches inside such carriage for advertisement purposes provided that such panel is not illuminated and is not readily visible from outside the carriage.

Provisions regulating the conduct of the proprietors and drivers of hackney carriages plying within the district in their several employments

6.

The driver of a hackney carriage shall:

• (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;
• (b) as soon as the carriage is hired and before commencing the journey, bring the machinery of the taximeter in to action by operating the key, flag or other device, o that the word "HIRED" is legible on the face of the taximeter and keep the machinery of the taximeter in action until the termination of the hiring;
• (c) ensure, during the continuance of any hiring, that the dial of the taximeter is not concealed in any manner or by any means and that such dial shall be distinctly and plainly visible and legible to any person hiring or being conveyed in the said taxi carriage;
• (d) cause the dial of the taximeter to be kept properly illuminated throughout any part of the hiring;
• (e) report immediately to the Council the failure of the taximeter.

7.

A proprietor or driver of a hackney carriage shall not tamper with or permit any person to tamper with the taximeter with which the carriage is provided, with the fittings thereof or with the seals affixed thereto.

8.

A driver or proprietor of a hackney carriage shall at all times when such carriage is standing, or plying or being driven for hire:

• (a) be clean and respectable in his dress and person and conduct himself in an orderly manner and with civility and propriety towards every person seeking to hire, or hiring or being conveyed in such carriage and shall comply with every reasonable requirement of any person hiring or being conveyed in such carriage;
• (b) take all reasonable precautions to ensure the safety of persons conveyed in or alighting from such carriage.

9.

The driver of a hackney carriage shall not at any time, when driving for hire, smoke tobacco or any other like substance without the permission of the person hiring and being conveyed in such carriage.

10.

The driver of a hackney carriage shall, when plying for hire in any street and not actually hired:

• (a) on arriving at a stand not already occupied by the full number of carriages authorised to occupy it, station the carriage immediately behind the carriage or carriages on the stand and so as to face in the same direction;
• (b) from time to time when any other carriage immediately in front is driven off 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;
• (c) remain with the carriage and be ready to be hired at once by any person when his carriage is the first carriage on the stand.

11.

A proprietor or driver of a hackney carriage, when standing or plying for hire, shall not, by calling out or otherwise importune any person to hire such carriage and shall not make use of the services of any other person for the purpose.

12.

A proprietor or driver of a hackney carriage who shall have agreed or shall have been hired to be in attendance with the carriage at an appointed time and place shall, unless delayed or prevented by some sufficient cause, punctually attend with such carriage at such appointed time and place.

13.

A proprietor or driver of a hackney carriage hall not convey or permit to be conveyed in such carriage any greater number of persons than the number of person specified on the plate affixed to outside of the carriage.

14.

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 he shall, when standing or plying for hire, and when hired, wear that badge in such position and manner as to be plainly visible.

15.

The driver of a hackney carriage shall when requested by any person hiring or seeking to hire the carriage:

• (a) convey a reasonable quantity of luggage;
• (b) afford reasonable assistance in loading and unloading such luggage;
• (c) afford reasonable assistance in removing such luggage to or from the entrance of any building, station or place at which he may take up or set down such person.

16.

A proprietor or driver of a hackney carriage who shall knowingly convey in the carriage the dead body of any person shall, immediately thereafter, notify the fact to the Public Health Inspector of the Council.

17.

The driver of a hackney carriage when hired to drive to any particular destination shall, subject to any direction given by the hirer, proceed to such destination by the shortest available route.

18.

The driver of a hackney carriage shall at all times whilst standing, driving or plying for hire, have a complete copy of these byelaws ready to produce and shall produce the same for perusal and inspection on request by any person hiring or seeking to hire such carriage, or being conveyed in such carriage.

19.

From the 1st October 1977 the effective Hackney Carriage stands are those appointed under Section 63 of the Local Government (Miscellaneous Provisions) Act 1976. (A copy of the current list of Hackney Carriage stands is available from the Chief Trading Standards Officer, Civic Centre, Southend-on-Sea.)

20.

From the 1st November 1977 the effective rates and fares are those made under Section 65 of the Local Government (Miscellaneous Provisions) Act 1976. (A copy of the current table of fares is available from the Chief Trading Standards Officer, Civic Centre, Southend-on-Sea.)

21.

The proprietor of a hackney carriage plying for being used for hire for which any fares are fixed by any Byelaw in that behalf, shall:

• (a) cause the fare table provided by the Council to be fixed upon such carriage in such a position and manner that the letters and figures of such table shall be distinctly and plainly visible to any person being conveyed in such carriage;
• (b) not wilfully or negligently cause or suffer such table to be inverted or detached or altered or the letters or figures on such table to be in any manner or by any means concealed at any time.

Provisions securing the safe custody and redelivery of an property accidently left in hackney carriage and fixing the charge to be made in respect thereof

22.

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.

23.

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:

• (a) carry it as soon as possible and in any event within 48 hours, if not sooner claimed by or on behalf of its owner, to the office of The Weights and Measures Department of the Council, and leave it in the custody of the officer in charge of the office on his giving a receipt for it;
• (b) be entitled to receive from any person to whom the property shall be redelivered an amount equal to five pence in the pound of its estimated value (or the fare for the distance from the place of finding to the office of the Council, whichever be the greater) but not more than five pounds.

24.

Every person who shall offend against any of these byelaws shall be liable on summary conviction to a fine not exceeding Fifty Pounds and in the case of a continuing offence to a further fine not exceeding Two Pounds for each day during which the offence continues after conviction thereof.

25.

The byelaws relating to hackney carriages referred to in the Schedule hereto are hereby repealed.