Appendix III: Hackney Carriage byelaws

1. Byelaws made under Section 68 of the Town Police Clauses Act, 1847 and Section 171 of the Public Health Act, 1875 by the Great Yarmouth Borough Council with respect to Hackney Carriages in the Borough of Great Yarmouth.

   1. 1. Throughout these byelaws "the Council" means the Great Yarmouth Borough Council. "The District" means the Borough of Great Yarmouth. "First class hackney carriage" means a hackney carriage propelled by mechanical means. "Second class hackney carriage" means a hackney carriage drawn by an animal or animals.

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

   1. 2.
      1. (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 painted or marked on the outside and inside of the carriage, or on plates affixed thereto.
      2. (b) A proprietor or driver of a hackney carriage shall:
         1. (i) not wilfully or negligently cause or suffer any such number to be concealed from public view while the carriage is standing or plying for hire
         2. (ii) not cause or permit the carriage to stand or ply for hire with any such painting, marking or plate so defaced that any figure or material particular is illegible

3. Provisions regulating how Hackney Carriages are to be furnished or provided

   1. 3. The proprietor of a hackney carriage shall:
      1. (a) provide sufficient means by which any person in the carriage may communicate with the driver
      2. (b) cause the roof or covering to be kept water-tight
      3. (c) provide any necessary windows and a means of opening and closing not less than one window on each side
      4. (d) cause the seats to be properly cushioned or covered
      5. (e) cause the floor to be provided with a proper carpet, mat, or other suitable covering
      6. (f) cause the fittings and furniture generally to be kept in a clean condition, well maintained and in every way, fit for public service
      7. (g) provide means for securing luggage if the carriage is so constructed as to carry luggage
      8. (h) provide an efficient fire extinguisher which shall be carried in such a position as to be readily available for use
      9. (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
   2. 4. The proprietor of a first class 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:
      1. (i) if the taximeter is fitted with a flag or other device bearing the words "For Hire":
         1. (a) the words "For Hire" shall be exhibited on each 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 in which the words are horizontal and legible
         2. (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
         3. (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
      2. (ii) if the taximeter is not fitted with a flag or other device bearing the words "For Hire":
         1. (a) the taximeter shall be fitted with a key or other device the turning of which will bring the machinery of the taximeter into action and cause the word "Hired" to appear on the face of the taximeter
         2. (b) 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 the face of the taximeter
      3. (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 bylaw in that behalf for the hire of the carriage by distance
      4. (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
      5. (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
      6. (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
   3. 5. The Proprietor of a first class 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:
      1. (a) the sign shall bear the words "For Hire" in plain letters at least one and a half inches in height
      2. (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
   4. 6. The Proprietor of a second class hackney carriage shall provide the carriage with a sufficient drag-chain and slipper or other sufficient brake.

4. 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

   1. 7. The driver of a first class hackney carriage shall:
      1. (i) if the taximeter is fitted with a flag or other device bearing the words "For Hire":
         1. (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
         2. (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 and keep the machinery of the taximeter in action until the termination of the hiring
      2. (ii) if the taximeter is not fitted with a flag or other device bearing the words "For Hire":
         1. (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 bylaw 5 so that the words "For Hire" are clearly and conveniently legible by persons outside the carriage
         2. (b) as soon as the carriage is hired whether by distance or time, operate the said sign so that the words "For Hire" are not conveniently legible by persons outside the carriage
         3. (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
      3. (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 Traffic Act 1972 and also at any other time at the request of the hirer
   2. 8. A Proprietor or driver of a hackney carriage shall not tamper with or permit any persons to tamper with any taximeter with which the carriage is provided, with the fittings thereof or with the seals affixed thereto.
   3. 9. The driver of a hackney carriage shall when plying for hire in any street and not actually hired:
      1. (a) proceed with reasonable speed to one of the stands fixed by the bylaw in that behalf
      2. (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
      3. (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
      4. (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
      5. (e) remain in his carriage if it occupies the first or second position on the stand, ready to be hired at once
   4. 10. 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.
   5. 11. 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.
   6. 12. 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.
   7. 13. 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.
   8. 14. A Proprietor 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.
   9. 15. If a badge has been provided by the Council and delivered to the driver of a hackney carriage, he shall, when standing or plying for hire, and when hired, wear that badge in such position and manner as to be plainly visible.
   10. 16. 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:
       1. (a) convey a reasonable quantity of luggage
       2. (b) afford reasonable assistance in loading and unloading
       3. (c) afford reasonable assistance in removing it to or from the entrance of any building, station or place at which he may take up or set down such persons
   11. 17. A Proprietor or driver of a second class hackney carriage shall not in any street feed or allow to be fed any horse or any other animal harnessed to a carriage unless the food is contained in a proper bag or other receptacle or is delivered with the hand.
   12. 18. The driver of a second class hackney carriage 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 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.
       1. (a) 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.
   13. 19. While any hackney carriage is stationed on an authorised stand, the driver shall not sweep out or wash such carriage.

5. Provisions securing the safe custody and re-delivery of any property accidentally left in Hackney Carriages and fixing the charges to be made in respect thereof

   1. 20. 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.
   2. 21. 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 or handed to him:
      1. (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 Police Headquarters, Great Yarmouth, or the Police Station, Gorleston and leave it in the custody of the officer in charge of the office on his giving a receipt for it
      2. (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 Police Station, whichever be the greater) but not more than five pounds

6. Provisions fixing the stands of Hackney Carriages

7. 22. (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 and are (as amended) set out in Appendix 1).

8. Provisions fixing the rates or fares, as well for time as distance to be paid for first class Hackney Carriages within the Borough and securing the due publication of such fares

   1. 23. (These Byelaws ceased to have effect by virtue of Section 65(6) of the Local Government (Miscellaneous Provisions) Act 1976. The table of fares (as amended) is set out in Appendix 2).
   2. 24.
      1. (a) The Proprietor of a hackney carriage shall cause a statement of the fares fixed by the bylaw in that behalf to be exhibited inside the carriage, in clearly distinguishable letters and figures.
      2. (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.

9. Penalties

   1. 25. 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 five pounds for each day during which the offence continues after conviction therefore.
   2. 26. The Byelaws made by the Mayor, Aldermen and Burgesses of the County Borough of Great Yarmouth on the 28 July 1965 and 7 April 1971 and confirmed by one of Her Majesty's Principal Secretaries of State of 1 December 1965 and 10 May 1971 respectively and the Byelaw made by the Council of the Borough of Great Yarmouth on the 10 November 1977 and confirmed by one of Her Majesty's Principal Secretaries of State on the 23 December 1977 are hereby repealed.

IN WITNESS whereof the Council has caused its Common Seal to be hereunto affixed this second day of May One thousand nine hundred and seventy-eight.