Byelaws
Made under Section 68 of the Town Police Clauses Act, 1847, and Section 171 of the Public Health Act, 1875, by the District Council of Cherwell with respect to hackney carriages in the Cherwell District.
Incorporating
Amendments made to the Byelaws since 1 April 1979, pursuant to the Local Government (Miscellaneous Provisions) Act 1976.
Interpretation
Throughout these Byelaws 'the Council' means the District Council of Cherwell and 'the district' means Cherwell District.
1. Provisions regulating the manner in which the number of each hackney carriage corresponding with the number of its licence, shall be displayed.
- 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
- A proprietor or driver of a hackney carriage shall
- 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
- not cause or permit the carriage to stand or ply for hire with any such painting, marking or plate or so defaced that any figure or material particular is illegible
2. Provisions regulating how hackney carriages are to be furnished or provided.
The proprietor of a hackney carriage shall:
- provide sufficient means by which any person in the carriage may communicate with the driver
- cause the roof or covering to be kept water-tight
- provide any necessary windows and a means of opening and closing not less than one window on each side
- cause the seats to be properly cushioned or covered
- cause the floor to be provided with a proper carpet, mat or other suitable covering
- cause the fittings and furniture generally to be kept in a clean condition, well maintained and in every fit for public service
- provide means for securing luggage if the carriage is so constructed as to carry luggage
- provide an efficient fire extinguisher which shall be carried in such a position as to be readily available for use
- 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.
3. 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:
- the taximeter shall be fitted with a key, flag 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
- 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
- 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 of 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
- 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
- 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
- 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
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.
The driver of a hackney carriage provided with a taximeter shall:
- 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
- before beginning a journey for which a fare is charged for distance and time, bring the machinery of the taximeter into action by moving 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
- 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
5. 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.
6. The driver of a hackney carriage shall when plying for hire in any street and not actually hired:
- proceed with reasonable speed to one of the stands fixed by the Byelaw in that behalf
- 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
- 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
- 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
7. 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.
8. 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.
9. 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.
10. The driver of a hackney carriage when hired to drive to any particular destination shall, subject of any directions given by the hirer, proceed to that destination by the shortest available route.
11. A proprietor or driver of a hackney carriage shall nor 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.
12. 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 the badge in such position and manner as to be plainly visible.
13. 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:
- convey a reasonable quantity of luggage
- afford reasonable assistance in loading and unloading
- 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 person
14. Provisions fixing the stands of hackney carriages:
Each of the several places specified in the following list shall be a stand for such number of hackney carriages as is specified in the list
| Situation of stand | Number of stands |
|---|---|
| Market Hill, Bicester Fronting numbers 44,45,46 and 48 Market Hill in two lines parallel to the kerb. |
9 |
| Bure Place, Bicester On the north side thereof to the rear of Nos 16 -21 Wesley Lane parallel to the kerb. |
2 |
| Horsefair, Banbury On the east side thereof for the whole length of the boundary with the coach parking area and for a distance of 12 metres along the southern boundary thereof |
7 |
| Bridge Street, Banbury On the west side of the parking place fronting Wilkinson store parallel to the kerb. |
9 |
15. Provisions fixing the rates or fares to be paid for hackney carriages within the District and securing the due publication of such fares:
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 following table, 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 furnished with a taximeter shall be hired by distance the proprietor or driver thereof shall not be entitled to demand and take a fare greater than that recorded on the face of the taximeter, save for any extra charges authorised by the following table which it may not be possible to record on the face of the taximeter.
16. The proprietor of a hackney carriage shall cause a statement of the fares, fixed by the Byelaw in that behalf, to be exhibited inside the carriage in clearly distinguishable letters and figures.
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.
17. Provisions securing the safe custody and re-delivery of any property accidentally left in hackney carriage and fixing the charges to be made in respect thereof:
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.
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:
- 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 a police station in the District and leave it in the custody of the officer in charge of the office on his giving a receipt for it
- 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 be the greater) but not more than five pounds.
18. Penalties
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 therefor.
Repeal of Byelaws
The following Byelaws relating to hackney carriages are hereby repealed:
| Authority making the Byelaws |
Date Made |
Date of Confirmation by one of HM Private Secretaries of State |
|---|---|---|
| Bicester Urban District Council | 12/11/1970 | 06/03/1971 |
| Mayor, Aldermen and Burgesses of the Borough of Banbury | 28/10/1955 | 07/01/1956 |
| Mayor, Aldermen and Burgesses of the Borough of Banbury | 15/01/1974 | 06/05/1974 |
| Cherwell District Council | 10/05/1977 | 01/07/1977 |
| Cherwell District Council | 21/05/1977 | 04/11/1977 |
Common Seal of Cherwell District Council was hereunto affixed this Seventh day of December 1978 in the presence of:
Signed: A M Brace
Chief Executive
The foregoing Byelaws are hereby confirmed by the Secretary of State and shall come into operation on the first day of April 1979. ,
Signed: RFD Shuffrey
an Under Secretary of State
Signed by the authority of the Secretary of State, Home Office
2 February 1979
Hackney Carriage Fares - effective 1 September 2022
| Tariff | Mileage and rate |
|---|---|
|
Tariff 1 - Day From 6am to 10pm |
If the distance does not exceed one quarter mile (403 metres) for the whole distance; For each subsequent one sixteenth of a mile (101 metres) or uncompleted part thereof: £0.15 |
|
Tariff 2 - Night From 10pm to 6am |
If the distance does not exceed one quarter mile (403 metres) for the whole distance; For each subsequent one sixteenth of a mile (101 metres) or uncompleted part thereof: £0.16 |
|
Tariff 3 From 9pm on 24 December to |
If the distance does not exceed one quarter mile (403 metres) for the whole distance; For each subsequent one sixteenth of a mile (101 metres) or uncompleted part thereof: £0.25 |
|
Tariff 4 From 6am to 10pm |
If the distance does not exceed one quarter mile (403 metres) for the whole distance; For each subsequent one sixteenth of a mile (101 metres): £0.16 |
|
Other charges |
Waiting time for 20 seconds: £0.15 Soiling charge: £70.00 |