Section 49 Proprietor to return licence to drivers when quitting his behave well; if otherwise, proprietors to summon them. Compensation in case of licence being improperly withheld.C3C1C2
When any driver leaves the service of the proprietor by whom he is employed without having been guilty of any misconduct, such proprietor shall forthwith return to such driver the licence belonging to service if they him; but if such driver have been guilty of any misconduct, the proprietor shall not return his licence, but shall give him notice of the complaint which he intends to prefer against him, and shall forthwith summon such driver to appear before any justice to answer the said complaint; and such justice, having the necessary parties before him, shall inquire into and determine the matter of complaint, and if upon inquiry it appear that the licence of such driver has been improperly withheld, such justice shall direct the immediate re-delivery of such licence, and award such sum of money as he thinks proper to be paid by such proprietor to such driver by way of compensation.
Annotations
Modifications
- C1
Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5
- C2
Ss. 37–65 applied with modifications by S.I. 1986/567, regs 3, 4
- C3
S. 49 extended by Town Police Clauses Act 1889 (c. 14, SIF 107:1), s. 4(1)(2)
Notes on Hackney carriages
Modifications
- C1
Functions of commissioners as to licensing of hackney carriages in City of London and Metropolitan Police District now exercisable by an Assistant Commissioner of Police of the Metropolis: Metropolitan Public Carriage Act 1869 (c. 115, SIF 107:1), ss. 6, 8, 11, S.R. & O. 1934/1346 (Rev. XIV, p. 795: 1934 I, p. 1221) and S.I. 1955/1853 (1955 I, p.1143)