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Section 35 †Hackney carriages standing in any street shall be deemed to be plying for hire; and the driver thereof refusing to go with any person liable to a penalty of 40s.C5C6C1C2C3C4

Every hackney carriage which shall be found standing in any street or place, . . . F1 shall, unless actually hired, be deemed to be plying for hire, although such hackney carriage shall not be on any standing or place usually appropriated for the purpose of hackney carriages standing or plying for hire; and the driver of every such hackney carriage which shall not be actually hired shall be obliged and compellable to go with any person desirous of hiring such hackney carriage; and upon the hearing of any complaint against the driver of any such hackney carriage for any such refusal such driver shall be obliged to adduce evidence of having been and of being actually hired at the time of such refusal, and in case such driver shall fail to produce sufficient evidence of having been and of being so hired as aforesaid he shall forfeit F2level 1 on the standard scale.

Annotations

Textual amendments

F1

Words repealed by Statute Law (Repeals) Act 1976 (c. 16), Sch. 1 Pt. XVII

F2

Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

Modifications

C1

S. 35 excluded (22.7.2008) by Transport for London Act 2008 (c. i), ss. 1(1), 9(3)

C2

S. 35 restricted by S.R.&O. 1934/1346, (Rev. XIV, p. 795: 1934 I, p. 1236), art. 31

C3

S. 35 extended (E.W.S.) by Airports Act 1986 (c.31, SIF 9), s. 65(5)

C4

S. 35 modified by S.I. 1986/1387 art. 4(2)

C5

A dagger appended to a marginal note means that it is no longer accurate.

C6

S. 35 restricted by London Cab Act 1968 (c. 7), s. 3(2)(3)

Notes on the whole Act

Textual amendments

F1

Words omitted under authority of Statute Law Revision Act 1890 (c. 33)