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BYELAWS

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BYELAWS Empty BYELAWS

Post by Admin Tue 23 Oct 2007 - 8:27

CITY OF SHEFFIELD

BYELAWS RELATING TO HACKNEY CARRIAGES


BYELAWS made under Section 68 of the Town Police Clauses Act 1847, and Section 171 of the Public Health Act 1875, by the Sheffield City Council with respect to hackney carriages in the City of Sheffield.

INTERPRETATION

1. Throughout these bye laws "the Council" means the Sheffield City Council; "the district" means the whole of the City of Sheffield; and "authorised officer" means any officer or person authorised by the Council to inspect or supervise hackney carriages and the drivers thereof.

HACKNEY CARRIAGE TO DISPLAY NUMBER OF LICENCE

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 displayed on the outside and inside of the carriage by means of the plates supplied by the Council.

(b) A proprietor or driver of a hackney carriage shall not:-
(i) wilfully or negligently cause or suffer any such number to be concealed from public view whilst the carriage is standing or plying for hire;
(ii) cause or permit the carriage to stand or ply for hire with any such numbered plate so defaced that any figure or material particular is illegible
NOTICES ETC. PROHIBITED ON HACKNEY CARRIAGE

3. A proprietor or driver of a hackney carriage shall not place or suffer to be placed any printed, written, painted or other matter by way of advertisement or notice on any part of the carriage except with the consent of the Council.

PUNCTUAL ATTENDANCE WHEN PREVIOUSLY HIRED

4. 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.

CONDUCT OF DRIVERS

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

DRIVER NOT TO SMOKE WHILST CARRIAGE IS OCCUPIED BY PASSENGERS ( NO SMOKING NOW AT ANYTIME)

6. A driver of a hackney carriage shall not save with the express consent of the hirer, smoke at any time whilst the carriage is occupied by a passenger or passengers.

DRIVER NOT TO PERMIT ANY PERSON OR ANIMAL TO RIDE OUTSIDE HACKNEY CARRIAGE

7. A driver of a hackney carriage shall not in any circumstances whilst driving or plying for hire permit or suffer any person or animal to ride upon any part of the outside of the carriage or beside or with the driver on the front of the carriage.

CANVASSING PROHIBITED

8. 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.

PROVISION AND WEARING OF BADGES

9. A driver shall at all times when acting in accordance with the drivers' licence granted to him wear such badge, provided by the Council, in such position and manner as to be plainly and distinctly visible.

CARRIAGE OF PERSONAL LUGGAGE AND ANIMALS

10. (a) The driver of a hackney carriage so constructed or adapted for the conveyance of luggage shall, when requested by any person hiring the carriage, convey personal luggage in it or on it not exceeding in the aggregate 50kgs in weight, and shall afford all reasonable assistance in loading and unloading any such luggage conveyed in or on the carriage and belonging to or in charge of any person hiring or being conveyed in the carriage;

(b) Every such driver shall, when requested by the person hiring the carriage, afford all reasonable assistance in moving any such luggage to or from any gate, door or entrance at any house, station or place at which he may take up or set down any such person.

(c) Nothing in this byelaw shall compel any driver to permit the carrying in or on the carriage of any article or animal which is of such bulk or amount or character that the carrying of it, or its placing in or on or its removal from the carriage, would be likely to cause damage to the carriage or its fittings.

(d) Personal luggage, where reasonably practicable, shall be conveyed within the vehicle rather than on the exterior of the vehicle;

(e) In this byelaw the expression "personal luggage" includes a perambulator and a child's push-chair.

NUMBER OF PERSONS TO BE CARRIED IN HACKNEY CARRIAGE

11. The proprietor or driver of a hackney carriage shall not convey or permit to be conveyed therein a greater number of persons exclusive of the driver than the number of persons specified in the licence granted in respect of such hackney carriage;

Provided that for the purposes of this byelaw two children under the age of 10 years shall be regarded as one person subject to the number of children being conveyed in the vehicle at any one time never exceeding six.

OCCUPATION OF STANDS

12. Every driver of a hackney carriage shall, when plying for hire in any street and not actually hired:-

(a) ensure that his hackney carriage does not cause any inconvenience or hazard to any other vehicle or pedestrian;

(b) when instructed to do so by a Police Officer or an authorised officer proceed with reasonable speed to one of the stands appointed by the Council;

(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 so as to face in the same direction;

(d) from time to time when the carriage in front is driven off or moved forward to cause his carriage to be moved forward so as to fill the place previously occupied by the carriage driven off or moved forward.

(e) when the first carriage on the stand remain with the carriage and be ready to be hired at once by any person.

FARES AND CHARGES FOR HACKNEY CARRIAGES

13. The proprietor or driver of a hackney carriage shall be entitled to take for the hire of the carriage the rate or fare prescribed by the Council from time to time the rate or fare being calculated by distance unless the hirer expresses at the commencement of the hiring his desire to engage by time.

Provided always that where a hackney carriage shall be hired by distance the proprietor or driver thereof shall not be entitled to take for the hire of the carriage a fare greater than that recorded on the face of the taximeter except where

(a) Specifically authorised to do so by the Council and

(b) Where the extra fare is notified to passengers by a notice supplied by the Council and affixed to the inside of the vehicle so as to be clearly visible to all passengers.

DRIVERS OF HACKNEY CARRIAGE NOT TO DEMAND MORE THAN AUTHORISED FARE

14. The proprietor or driver of a hackney carriage shall not demand nor represent himself as entitled to take for a journey a greater sum than the amount authorised to be taken in accordance with byelaw 13.

STATEMENT OF FARES TO BE EXHIBITED IN HACKNEY CARRIAGE

15. (a) The proprietor of a hackney carriage shall:-

(i) cause the table of fares supplied by the Council to be fixed on the inside of the carriage in such a position as to be easily read by a passenger;

(ii) cause such table to be renewed as necessary.

(iii) display any statement or notice that the Council consider

necessary on the inside of the vehicle.

(b) The proprietor or driver of a hackney carriage shall not wilfully or negligently cause or suffer the letters or figures in the table of fares or any other statement or notice that the Council require to be displayed to be concealed or rendered illegible at any time when the carriage is plying for hire or being used for hire.

FURNISHING OF HACKNEY CARRIAGE

16. (a) the proprietor of a hackney carriage shall:-

(i) provide sufficient means by which any person in the carriage may communicate with the driver;

(ii) cause the roof covering to be kept watertight;

(iii) provide any necessary windows with means of opening and closing not less than one window on each side;

(iv) cause the seats to be properly cushioned or covered;

(v) cause the floor to be provided with proper carpet, mat or other suitable covering;

(vi) cause the fittings and furniture generally to be kept in a clean condition, well maintained and in every way fit for public service;

(vii) cause means to be provided for securing luggage;

(viii) cause an efficient fire extinguisher of a make and type approved by the Council to be carried on the carriage in such a position as to be readily available for use and maintained in good working order at all times;

(ix) 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.

(b) A proprietor of a hackney carriage shall not install, without the consent of the Council in writing, any fitting (including a wireless transmitting or receiving set).

SEARCH FOR AND DISPOSAL OF PROPERTY ACCIDENTALLY LEFT IN HACKNEY CARRIAGE
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Post by Admin Tue 23 Oct 2007 - 8:28

17. Every proprietor or driver of a hackney carriage shall:-

(a) 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;

(b) if any property accidentally left therein by any person who may have been conveyed in the carriage be found by or handed to him:-

(i) carry it as soon as possible and in any event within twenty four hours, if not sooner claimed by or on behalf of its owner, to the South Yorkshire Police Lost Property Office, Sheffield, and leave it in the custody of the officer in charge on his giving receipt for it;

(ii) be entitled to receive from any person to whom the property shall be re-delivered an amount equal to 10p in the pound of its estimated value (or fare for the distance from the place of finding to the Lost Property Office aforesaid whichever be the greater) such amount not to exceed ten pounds.

TAXIMETERS

18. The proprietor of a hackney carriage shall cause any taximeter with which the carriage is provided to be so constructed, attached, and maintained in a manner approved by an authorised officer of the Council and so as to comply with the following requirements, that it to say:-

(a) the taximeter should be fitted with a key, flag or other device, the operation of which will bring the machinery of the taximeter into operation and cause the word "HIRED" to appear on the face of the taximeter;

(b) 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;

(c) when the machinery of the taximeter is in action there shall be recorded on the face of the taximeter in clearly legible figures a fare not exceeding the rate or fare which the proprietor or driver is entitled to demand and take for the hire of the carriage by distance or by time in pursuance of the table of fares fixed by the Council.

(d) 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;

(e) the taximeter shall be so placed that all letters and figures on the face thereof are 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;

(f) the taximeter and all the fittings thereof shall be fixed 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.

STARTING OR STOPPING OF TAXIMETERS

19. The driver of a hackney carriage provided with a taximeter shall:-

(a) when standing or plying for hire, keep the key, flag or other device fitted in pursuance of the byelaw in that behalf locked in the position in which no fare is recorded on the face of the taximeter;

(b) as soon as the carriage is hired by distance or time and before the beginning of the journey, bring the machinery of the taximeter into action by operating the said key, flag or other device, 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;

(c) cause the display of the taximeter to be kept properly illuminated throughout any part of the hiring which is during the hours of darkness, these being the time between half-an-hour after sunset and half-an-hour before sunrise and also at any other time at the request of the hirer;

(d) immediately on completion of the hiring cause the taximeter to cease recording but so that the amount of the fare recorded shall remain displayed on the face of the taximeter to permit the hirer to have a reasonable opportunity of examining the same.

HACKNEY CARRIAGE TO BEAR SIGN "FOR HIRE" OR "TAXI"

20. The proprietor of a hackney carriage shall cause the carriage to be fitted with a sign which bears the words "FOR HIRE" or "TAXI" in letters at least two inches in height and is fitted with the means whereby these words may be electrically illuminated; such sign shall be fitted in the centre at the front of the canopy of the carriage in such a manner that the aforesaid words are clearly and distinctly visible and legible at all times when the sign is illuminated.

ILLUMINATION OF SIGN "FOR HIRE" OR "TAXI"

21. The driver of a hackney carriage shall cause any sign bearing the words "FOR HIRE" or "TAXI" which is affixed on the carriage in accordance with the requirements of Byelaw No. 20 to be electrically illuminated so as to be clearly visible both day and night at all times when the carriage is standing or plying for hire within the City, but not hired.

22. A proprietor 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 the seals affixed thereto.

Provided that if a taximeter affixed to a hackney carriage is found to be defective or inaccurate, the proprietor of the carriage, or a person authorised by him, may break the seals of the taximeter for the purpose of effecting the necessary repairs. In such case the proprietor shall, within twenty four hours give or cause to be given notice of the action to which he has taken in writing to an authorised officer of the Council, specifying the number of the licence of the carriage and the maker's name and number of the taximeter.

Provided also that nothing in this byelaw shall be deemed to authorise a hackney carriage to be used or continued in use as such after the seals on any taximeter with which the hackney carriage is provided have been broken as aforesaid and before the taximeter has again been certified to register correctly by an authorised officer of the Council.

INTERIOR LIGHTING OF HACKNEY CARRIAGE

23. The proprietor of a hackney carriage shall furnish the carriage with an efficient lamp so constructed and so affixed as to afford sufficient lighting for the interior of the carriage, and the driver of the carriage shall at all times, while standing plying or driving for hire, cause the lamp to be kept properly adjusted and ready for lighting, and shall, at the request of the hirer, cause it to be properly lighted during the hiring.

DRIVER TO PRODUCE COPY OF BYELAWS

24. The driver of a hackney carriage who is standing, plying or driving for hire shall at any time when required by an authorised officer, or any police constable or any hirer produce a copy of these byelaws, clean and in good order for perusal and inspection by that authorised officer, constable or hirer.

PENALTY

25. Every person who offends against any of the foregoing byelaws shall be liable on summary conviction for every such offence to a fine not exceeding £100, and, in the case of a continuing offence, to a further fine not exceeding £5.00 for each day during which the offence continues after conviction therefor.

REPEAL

26. The byelaw with respect to hackney carriages made by the Council on the 16th day of February, 1978 and confirmed by one of Her Majesty's Principal Secretaries of State on the 1st day of April, 1978.

Provided that the repeal of the said byelaws shall not interfere with the prosecution of any offence committed before the said repeal against, or the recovery of a fine incurred under, the said byelaws.

THE COMMON SEAL of the Sheffield )

City Council was hereunto affixed )

this 20th day of August 1986 in )

the presence of:- ) L.S.

Signed: H. M. Webster

City Solicitor and

Head of Administration

The foregoing byelaws are hereby confirmed )

by the Secretary of State and shall come )

into operation on the 20th day of )

November 1986 ) L.S.

Signed: H. Fawcett

An Assistant Secretary in the

Department of Transport on behalf

of the Secretary of State for Transport
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