Section 59 Qualifications for drivers of hackney carriages.C1

England and Wales

(1)

Notwithstanding anything in the Act of 1847, a district council shall not grant a licence to drive a hackney carriage—

(a)

unless they are satisfied F1—

(i)

that the applicant is a fit and proper person to hold a driver’s licence; F2and

(ii)

that the applicant is not disqualified by reason of the applicant's immigration status from driving a hackney carriage; or

F3(b)

to any person who has not for at least twelve months been authorised to drive a motor car, or is not at the date of the application for a driver’s licence so authorised.

F4(1ZA)

In determining for the purposes of subsection (1) whether an applicant is disqualified by reason of the applicant's immigration status from driving a hackney carriage, a district council must have regard to any guidance issued by the Secretary of State.

F5(1A)

For the purposes of subsection (1) of this section a person is authorised to drive a motor car if—

(a)

he holds a licence granted under Part III of the Road Traffic Act 1988 (not being a provisional licence) authorising him to drive a motor car, or

(b)

he is authorised by virtue of section 99A(1) F6or section 109(1)of that Act to drive in Great Britain a motor car.

F7(1A)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)

Any applicant aggrieved by the refusal of a district council to grant a driver’s licence on the ground that he is not a fit and proper person to hold such licence may appeal to a magistrate’s court.

Annotations

Textual amendments

F1: Words in s. 59(1)(a) renumbered as s. 59(1)(a)(i) (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 23(2)(a) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)
F2: S. 59(1)(a)(ii) substituted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 23(2)(b) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)
F3: S. 59(1)(b) substituted (1.1.1997) by S.I. 1996/1974, reg. 5, Sch. 4 para. 2(4)
F4: S. 59(1ZA) inserted (1.12.2016) by Immigration Act 2016 (c. 19), s. 94(1), Sch. 5 para. 23(3) (with Sch. 5 para. 54); S.I. 2016/1037, reg. 5(i) (with reg. 6)
F5: By S.I. 1996/1974, reg. 5 Sch. 4 para. 2(5) it is provided that in s. 59 subsection (1A) shall be inserted after subsection (1)
F6: Words in s. 59(1A)(b) inserted (5.9.1988) by S.I. 1998/1946, art. 3
F7: S. 59(1A) repealed (1.4.1998) by 1997 c. 50, s. 134(1)(2), Sch. 9 para. 34, Sch. 10

Modifications

C1: S. 59: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table B4