Effective From 2 June 1975

Made under section 68 of the Town Police Clauses Act 1847 and section 171 of the Public Health Act 1875 by the Council of the Borough of Torbay with respect to hackney carriages in the Borough of Torbay.

Interpretation

1. Throughout these byelaws ‘the Council’ means the Council of the Borough of Torbay and ‘the Borough’ means the Borough of Torbay.
2. Provisions regulating the manner in which the number of each carriage, corresponding with the number of its licence, shall be displayed.

The proprietor of a hackney carriage shall:

a) Cause the hackney carriage licence plate provided by the Council and showing the number of the licence granted to him in respect of the carriage to be affixed on the outside of the carriage and in the case of a motor hackney carriage such plate shall be affixed to the rear nearside of the hackney carriage in such position as the Council may require;
b) Cause the number of the licence issued by the Council in respect of the vehicle to be shown on the statement of fares provided in pursuance by byelaw 26;
c) (i) not wilfully or negligently cause or suffer any such number to be concealed from public view;(ii) not cause or permit the carriage to be used 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 the roof or covering to be kept water-tight;
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 furnishings 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 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. The proprietor of a 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 two 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;

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’:

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.

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.

(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 letter so as clearly to apply to the fare recorded thereon.
(v) The taximeter shall be so placed that all the figures and letters on the face thereof may at all times be plainly visible to any person being conveyed in the carriage and for that purpose the figures and letters shall be capable of being suitably illuminated during any period of hiring.
(vi) The taximeter and all 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.

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 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 carriage 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 driver 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) Before commencing the hirer’s 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.

(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 legibly by persons outside the carriage;

b) As soon as the carriage is hired whether by distance or by time operate the sign so that the words ‘FOR HIRE’ are not conveniently legible by persons outside the carriage;

c) Before commencing the hirer’s 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.

(iii) Cause the dial of the taximeter to be kept properly illuminated throughout any part of the 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.

7. A proprietor or driver of a hackney carriage shall not 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.

8. The driver of a hackney carriage of a description 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 with reasonable speed to and station the carriage on one of such stands or the stands provided at Torquay, Paignton or Torre Stations if authorised by the Railway Authorities to use such stands;

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;

e) If his carriage is the first or second carriage on the stand remain with the carriage ready to be hired at
once.
9. A proprietor or driver of a hackney carriage when standing or plying for hire shall not be calling out or otherwise importune any person to hire such carriage and shall not make use of the services of any person for the purpose.

10. Every proprietor or driver of a hackney carriage shall at all times when standing plying or driving for hire, conduct himself in a civil and orderly manner be clean and respectable in his dress and shall act with civility towards every person seeking to hire such carriage and shall comply with every reasonable requirement of any person hiring such carriage and shall take all reasonable precautions to ensure the safety of persons conveyed in or entering or alighting from the vehicle.

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.

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.

13. 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. For the purposes of this byelaw, two children between the ages of three and ten years shall be regarded as one person but no more than six such children shall be conveyed in a hackney carriage at any one time. A child under the age of three years shall not be reckoned

14. 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 a position and manner as to be plainly visible.

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 or 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

16. A driver or a motor hackney carriage shall not at any time when driving for hire smoke tobacco or any other like substance except with the consent of the hirer.

17. A proprietor or driver of a hackney carriage who shall knowingly convey in the carriage the dead body of any person and shall immediately thereafter notify the face to the Medical Officer of Health of the council.

18. The driver or proprietor of a hackney carriage shall take all reasonable precautions to prevent the discharge therefrom in any street or public place of oil or spirit and shall not repair such carriage in any such street or public place so as to cause any such discharge except where such repairs are essential to secure the continued safe functioning of the vehicle and shall not wash such carriage in any street or public place.

19. The driver of a hackney carriage shall during the time that such carriage is standing at one of the stands referred to in these byelaws keep such stand in a clean and tidy condition.

20. The driver of a hackney carriage vehicle shall at all times while standing or plying for hire, have a copy of these Byelaws and shall produce the same for perusal and inspection on request by any person hiring the carriage or other passenger or any Authorised Officer of the Council.

21. A proprietor or driver of a hackney carriage shall not, while standing, plying or driving for hire drive or allow to be driven or harnessed to the carriage nay animal in such a condition as to expose any person conveyed or being in such carriage or any person traversing any street to risk of injury.

22. 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. Provisions fixing the stands of Hackney Carriages

23. (i) Please refer to www.torbay.gov.uk/taxi-ranks where each of the motorised hackney carriage ranks
and the number of vehicles allowed in each rank is listed.

Provisions securing the safe custody and re-deliver of any property accidentally left in hackney carriages and fixing charges to be made in respect thereof

24. 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 table contained at www.torbay.gov.uk/fares.

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 or take a fare greater than that recorded on the face of the taximeter save for any extra charges authorised by the said table which it may not be possible to record on the face of the taximeter.

Provided that for the purposes of this byelaw two children between the ages of three years and six years shall be regarded as one person.  A child under the age of three years shall not be reckoned.

25 (a) The proprietor of a hackney carriage of a description for which any fares are fixed by any byelaw in that behalf shall cause a statement of such fares which shall be provided by the Council to be exhibited on the inside of the carriage in clearly distinguishable letters and figures;

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-deliver of any property accidentally left in hackney carriages and fixing charges to be made in respect thereof

26. 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. 
27. 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 forty-eight hours if not sooner claimed by or on behalf of its owner to the office 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 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 office of the Council whichever by greater) but not more than five pounds.

Penalties

28. Every person who shall offend against any of these byelaws shall be liable on summary conviction to a fine at Level 2, 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.

Repeal of Byelaws

29. The byelaws relating to Hackney Carriages which were made by the Chairman, Aldermen and Burgesses of the County Borough of Torbay on the 21st day of March 1968, the 9th day of July 1969, the 9th day of November 1970, and the 9th day of June 1971, which were confirmed by one of Her Majesty’s Principal Secretaries of State on the 30th day of May 1968, the 28th day of May 1970, the 9th day of November 1970, and the 23rd day of December 1971 respectively, are hereby repealed.

The Common Seal of the Council of the Borough of Torbay was hereunto affixed this 25th day of October, 1974 in the presence of D. P. Hudson, Town Clerk and Chief Executive Officer.

PURSUANT to Section 238 of the Local Government Act 1972. I certify that

The foregoing Byelaws were made by the Torbay Borough Council
This is a true copy
The Byelaws were confirmed on the 22nd May 1975 by the Secretary of State who fixed the date for the coming into operation as the 2nd day of June 1975.

Town Clerk and Chief Executive Officer