Blackpool Borough Council Byelaws 1979
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 borough of Blackpool with respect to hackney carriages in the borough of Blackpool.
(incorporating all Amendments in force on the 1st March 1979 including those made 26th April 1962 and further amendments made on 30th July 1965, 25th April 1968, 29th January and 3rd December 1970, 1st July 1971, 1st November 1972, 4th June 1974, 18th June 1975 and 17th June 1976.)
1. Throughout these Byelaws “the Council” means Blackpool Borough Council; “the district” means the Borough of Blackpool; “the Hackney Carriage Byelaws” means the series of Byelaws with respect to hackney carriages made by the Mayor, Alderman and Burgesses of the Borough of Blackpool, acting by the Council on the 22nd day of June, 1961, and confirmed by one of Her Majesty’s Principal Secretaries of State on the 6th day of November 1961, and, insofar as any of such series has been or shall be amended by subsequent Byelaws or by the Local Government (Miscellaneous Provisional) Act 1976 that series as so amended.
Identity plates to be affixed on carriage
2. (a) The proprietor of a hackney carriage shall cause to be prominently affixed to the back thereof and to the front thereof an aluminium plate of a size, colour, design and type prescribed by the Council, to indicate the licence number of the carriage and the number of persons that may be carried and shall also cause to be affixed in a position in the interior of the carriage clearly visible to passengers a plate prescribed as aforesaid to indicate the licence number of the carriage
2. (b) A proprietor or driver of a hackney carriage shall:
- (i) not wilfully or negligently cause or suffer any part of any such plate to be concealed from the public while the carriage is standing or plying for hire.
- (ii) not cause or permit the carriage to stand or ply for hire with any such plate 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 any 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 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 if the carriage is so constructed as to carry luggage,
- (h) provide an efficient fire extinguisher which shall be carried in such a position to be readily available for use,
- (i) (in the case of a motor hackney carriage) 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.
Construction and maintenance of taximeter
4. The proprietor of a motor hackney carriage shall cause the same to be provided with a taximeter so 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 each side of the flag or other device in plain letters at least 2 inches in height and the flag or other device shall be locked in a position in 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 taximeter;
- (ii) If the taximeter is not fitted with a flag or other device bearing the words “For Hire”:
- (iii) 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 a fare not exceeding the rate or fare which the proprietor 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;
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(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 the letters and figures shall be capable of being suitably illuminated during any period of hiring;
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(vi) The taximeter and all the fittings thereof shall be affixed to the carriage with seals or other appliances that shall not be practicable for any person to tamper with them except by breaking, damaging or permanently displacing the seats or other appliances.
Provision of “For Hire” sign in certain cases
5. The proprietor of a hackney carriage provided with a taximeter not fitted with a flag or other device bearing the words “For Hire” shall 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 2 inches in height;
- (b) The sign shall be capable of being so operated that it indicates clearly and conveniently to persons outside the carriage whether or not the carriage is for hire.
*5(a) Subject to the provisions of Byelaws 4 and 5, a Proprietor or Driver of a hackney carriage shall not place or suffer to be placed any printed, written, or other matter by way of advertisement on any part of the carriage except with the consent of the Council.
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 shall wear any and what badges
6. The 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 “For Hire” are not conveniently legible and keep the machinery of the taximeter in action until the termination of the hiring.
- (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 5 so that the words “For Hire” are clearly and conveniently legible by persons outside the carriage;
- (b) As soon as the carriage is hired, whether by distance, or by time, operate the said sign so that the words “For Hire” are 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 and keep the machinery of the taximeter in action until the termination of the hiring;
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(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 for the purposes of the Road Transport Lighting Act 1957, and also at any other time at the request of the hirer.
Tampering with the meter
7. A proprietor or driver of a hackney carriage shall not with intent to deceive or tamper with or permit any person to tamper with any taximeter with which the carriage is provided, with the fittings thereof, or with the seals affixed thereto.
Conduct of driver when not actually hired
8. The driver of a hackney carriage shall when plying for hire in any street and not actually hired:
- (a) proceed with reasonable speed to one of the stands fixed by the Byelaw in that behalf,
- (b) if a stand, at the time of his arrival, is occupied by the full number of carriages authorised to occupy it, proceed to another stand,
- (c) 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,
- (d) 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.
Proprietor and driver not to importune
9. A proprietor or driver of a hackney carriage when driving or standing or plying for hire shall not by any means other than the display of the legend “For Hire” in accordance with either Byelaw 4 or 5 of the hackney carriage Byelaws seek to obtain a hiring of the carriage by any person.
General behaviour of driver
10. The driver of a hackney carriage shall behave in a civil and orderly manner and shall take all reasonable precautions to ensure the safety of persons conveyed in or entering or alighting from the vehicle; and he shall comply with every reasonable requirement of any person hiring or being conveyed in such carriage.
Proprietor or driver to attend punctually when hired
11. The proprietor or driver of a hackney carriage who has agreed or has 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.
Driver to proceed by shortest route
12. The driver of a hackney carriage when 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.
Number of Passengers
13. A proprietor or driver of a hackney carriage shall not convey or permit to be conveyed in the carriage any greater number of persons than the number specified in the licence granted by the Council in respect of the carriage. “Persons” shall be deemed not to include children under the age of three years and a child over the age of three years and under the age of twelve years shall be deemed half a person.
Badge to be worn by driver
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 a position and manner as to be plainly and distinctly visible.
Personal luggage
15. The driver of a hackney carriage so constructed as to carry luggage 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.
- (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.
Driver not to smoke
16. A driver of a hackney carriage shall not, in such carriage when driving for hire, except with the permission of the person hiring or being conveyed in such carriage smoke tobacco or any other like substance.
Washing of carriage
17. The proprietor or driver of a hackney carriage shall not, when standing or plying for hire, wash such carriage in any street or public place.
Carriage Windows
18. A proprietor of a hackney carriage shall not suffer any printed, written or other matter other than the current Vehicle’s Excise Licence of the carriage, or other than such as shall have received the prior approval of the Council, to appear upon any window of such carriage.
As to conveyance of dead bodies
19. The 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 Chief Public Health Inspector of the Council.
Carriage not to be driven so as to expose any person to risks
20. The proprietor or driver of a hackney carriage shall not while standing, plying or driving for hire, drive or allow to be driven, or harness or allow to be harnessed to the carriage any animal in such condition as to expose any person conveyed or being in such carriage, or any person traversing any street, to risk of injury.
Harness to be kept in perfect order
21. The driver of a hackney carriage drawn by any animal or animals shall, while standing, plying or driving for hire, cause every part of the harness of the animal or animals drawing the carriage to be kept in order, so that the animal or animals shall be properly and securely attached to the carriage, and under due control.
Not to feed horse except from proper receptacle
22. A proprietor or driver of a horse-drawn hackney carriage shall not, in any street, feed or allow to be fed any horse harnessed or otherwise attached to such carriage, except with food contained in a proper bag or other receptacle suspended from the head of such horse or from the centre pole of the carriage, or which is held in and delivered with the hand of the person feeding such horse.
Copy of Byelaws to be kept on hackney carriage
23. The driver of a hackney carriage shall at all times while standing, driving or plying for hire, keep a complete copy of these Byelaws with such carriage; and shall on request produce the same for perusal and inspection by any person hiring such carriage, or by any police constable or any officer of the Council duly authorised in that behalf in writing under the hand of the Town Clerk of the Council.
List of Stands
24. This Byelaw has ceased to have effect by virtue of Section 63 of the Local Government (Miscellaneous Provisions) Act, 1976, but the stands fixed by the Byelaw are deemed to have been appointed under that Section.
Provision fixing the rates or fares, as well for time as distance to be paid for hackney carriages within the district, and securing the due publication of such fares
Motor Hackney Carriages, Horse Drawn Hackney Carriages
25 & 26 These byelaws ceased to have effect on the 1st August 1977 by virtue of Section 65 (6) of The Local Government (Miscellaneous Provisions) Act, 1976, when, on that date, a table of fares made under the said Section 65 came into operation.
View the current motorised Hackney Carriage Fares.
Plying for hire time limits
27. A proprietor or driver of a horse-drawn hackney carriage shall not ply for hire during the hours between 11.00 pm and 9.00 am the following morning.
List of fares to be affixed on the inside of the carriage
28. (a) The proprietor of a hackney carriage shall:
- (i) cause a statement of the fares fixed for such class of hackney carriage by any Byelaw in that behalf to be painted or marked on the inside of the carriage or on a plate affixed thereto, in clearly distinguishable letters and figures.
- (ii) renew such letters and figures as often as necessary to keep them clearly visible.
28. (b)The proprietor or driver of a hackney carriage bearing a statement of fares in accordance with this Byelaw shall not wilfully 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 re-delivery of any property accidentally left in the hackney carriages, and fixing the charges to be made in respect thereof
Duty to search hackney carriages
29. 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.
Lost property
30. 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 within 24 hours, if not sooner claimed by or on behalf of its owner, to the Blackpool Central Police Station, 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 re-delivered 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 Blackpool Central Police Station, whichever be the greater) but not more than five pounds.
Penalties
31. 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 continuing offence to a further fine not exceeding two pounds for each day during which the offence continues after conviction therefor.
32. All existing Byelaws with respect to Hackney Carriages heretofore made by the Council and confirmed by the Minister of Health or Secretary of State are hereby repealed.
The Common Seal of the Mayor, Alderman and Burgesses of the Borough of Blackpool was hereunto affixed this Twenty-second day of June, 1961 by authority of the Council of the said Borough in the presence of Clifford Cross – Mayor, J.C. Swaffield – 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 1st day of December 1961.
E.H.Gwynn – An Assistant Under Secretary of State, Home Office, Whitehall. 6th November, 1961.