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Section 55 Agreement to pay more than the legal fare not to be binding, and sum paid beyond the proper fare may be recovered back.C3C1C2

No agreement whatever made with the driver, or with any person having or pretending to have the care of any such hackney carriage, for the payment of more than the fare allowed by any byelaw made under this or the special Act, shall be binding on the person making the same, and any such person may, notwithstanding such agreement, refuse, on discharging such hackney carriage, to pay any sum beyond the fare allowed as aforesaid, and if any person actually pay to the driver of any such hackney carriage, whether in pursuance of any such agreement or otherwise, any sum exceeding the fare to which such driver was entitled, the person paying the same shall be entitled, on complaint made against such driver before any justice of the peace, to recover back the sum paid beyond the proper fare, and moreover such driver shall be liable to a penalty for such exaction not exceeding the sum of F1level 3 on the standard scale; and in default of the repayment by such driver of such excess of fare, or of payment of the said penalty, such justice shall forthwith commit such driver to prison, there to remain for any time not exceeding one month, unless the said excess fare and the said penalty be sooner paid.

Annotations

Textual amendments

F1

Words substituted (E.W.) by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 39, 46, Sch. 3

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Ss. 37–66, 68 repealed as to public service vehicles by Road Traffic Act 1930 (c. 43, SIF 108), Sch. 5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

Ss. 53–59 modified (E.W.) by S.I. 1986/1386, art. 4(3)(d)

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)