W dniu 2025-02-07 o 16:59, J.F pisze:
> Google nie chce znaleźć, ale np
>
> https://www.taxi-point.co.uk/post/2019/04/09/refusin
g-fares-what-is-the-law
>
> S.53 of the Town Police Clauses Act 1847 states:
>
> Tak, taksowki jeżdzą w oparciu o przepisy z 1847r o dorożkach!
>
> Aczkolwiek
> https://www.wyre.gov.uk/downloads/file/367/town-and-
police-clauses-act-1847
>
> Tu sporo komentarzy o nowszych przepisach ... ale ogólnie chyba
> obowiązuje
> https://en.wikipedia.org/wiki/Town_Police_Clauses_Ac
t_1847

Gemini po przeanalizowaniu treści 36 witryn stworzył taki raport:

The Legal Basis for Working as a Taxi Driver in the UK
The legal basis for working as a taxi driver in the UK is established by
a framework of legislation, primarily the Town Police Clauses Act 1847
and the Local Government (Miscellaneous Provisions) Act 1976. These
Acts, along with subsequent amendments and case law, define the
licensing requirements and regulations that govern the taxi and private
hire vehicle (PHV) trades in the UK. This framework aims to ensure the
safety and well-being of passengers, promote fair competition, and
maintain high standards within the industry.

The Town Police Clauses Act 1847
Passed on July 22, 1847 , the Town Police Clauses Act 1847 was a
landmark piece of legislation that consolidated various provisions
related to the policing of towns in England and Wales. While it covered
a range of issues such as street obstructions, nuisances, and fire
safety, it also included provisions for regulating hackney carriages,
the forerunners to modern taxis.

The Act empowered local authorities, typically district councils, to
license hackney carriages and their drivers, setting the stage for the
regulated taxi trade that exists today. It outlined the requirements for
obtaining a license, including the need for drivers to be "fit and
proper" persons and for vehicles to meet certain standards of safety and
suitability. Furthermore, the Act allows local authorities to charge a
reasonable fee to cover administrative costs associated with issuing a
license. This fee is intended to be a cost recovery exercise and not for
profit .

A taxi driver has to satisfy two licensing bodies: the Driver...source

To ensure that applicants are "fit and proper" to hold a taxi driver's
license, many local authorities conduct criminal record checks, although
there is no statutory requirement to do so . In addition to background
checks, local authorities may impose a variety of other licensing
conditions, including:

A comprehensive topographic examination to assess the driver's knowledge
of the local area.
A medical examination to ensure the driver is physically and mentally
fit to operate a taxi.
A driving test to assess the driver's skills and competency.
A check on the financial standing of prospective proprietors .
The London Cab Order 1934
In London, taxi and PHV licensing is managed by Transport for London .
The main legislation governing taxis in London is the London Cab Order
1934, passed on December 11, 1934 . This Order sets the licensing
conditions for taxis in London, including vehicle specifications, driver
qualifications, and fare structures.

The Private Hire Vehicles (London) Act 1998 provides the legal framework
for licensing and regulating private hire vehicles in London . This Act
gives Transport for London the authority to license private hire
operators, drivers, and vehicles, ensuring that they meet specific
standards of safety and suitability.

The Local Government (Miscellaneous Provisions) Act 1976
The Local Government (Miscellaneous Provisions) Act 1976, passed on
November 15, 1976 , expanded the regulatory framework for taxis and
introduced specific provisions for PHVs, often referred to as minicabs.
This Act gave local authorities greater control over the licensing of
both taxis and PHVs, enabling them to set conditions for licenses,
regulate fares, and enforce standards.

Similar to taxi drivers, PHV drivers need an ordinary driving licence
covering category B from the DVLA and must also be deemed a "fit and
proper" person . While most licensing authorities require medical
certificates from PHV drivers, the specific requirements for criminal
record checks and topographical knowledge tests can vary between
councils. Some councils may impose the same rigorous standards as those
required for taxi drivers .

One key difference between taxis and PHVs is how they can be hired.
Taxis can be hailed on the street or at designated ranks, while PHVs
must be pre-booked through an operator . This distinction is reflected
in the fare structures, with taxis typically operating on a metered fare
system, while PHV fares are agreed upon at the time of booking. There is
no control on the fares that may be charged for PHVs .

Amendments and Case Law
Over the years, several amendments have been made to the Town Police
Clauses Act 1847 and the Local Government (Miscellaneous Provisions) Act
1976 to address evolving challenges and concerns within the taxi and PHV
trades. Some notable amendments include:

The Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act
2022: This Act introduced a national database for licensing authorities
to share information about taxi and PHV drivers, aiming to prevent those
who have lost their license in one area from obtaining one in another .
This database helps to ensure that drivers with a history of misconduct,
such as safeguarding or road safety concerns, are not able to continue
operating by simply applying for a license in a different jurisdiction.

The Deregulation Act 2015: This Act aimed to reduce bureaucracy and
promote competition in the taxi and PHV market. However, it has been
criticized for creating loopholes that allow drivers to obtain licenses
from authorities with lower standards and operate in areas with stricter
regulations . This practice, known as "cross-border hiring," has raised
concerns about passenger safety and the undermining of local licensing
standards.

In response to these concerns, a new law came into force on 27 April
2023 that requires licensing authorities in England to use a database to
record refusals, suspensions, and revocations made on safeguarding or
road safety grounds . This database helps prevent drivers who have lost
their license in one area from applying to other authorities without
their knowledge of previous wrongdoing.

In addition to legislative amendments, case law has played a significant
role in shaping the legal basis for working as a taxi driver in the UK.
Court judgments have clarified the interpretation of legislation,
addressed issues such as driver qualifications and vehicle standards,
and provided guidance on licensing decisions. For example, in the case
of R (on the application of Worcester City Council) v Worcester Crown
Court [2012] EWHC 114 (Admin), the court clarified the meaning of
"plying for hire" in the context of taxi licensing.

Guidance and Codes of Practice
Regulatory bodies and government departments have issued guidance and
codes of practice to provide further detail on the legal requirements
for taxi drivers. For example, the Department for Transport published
Best Practice Guidance for local authorities on taxi and PHV licensing
in 2010 . This guidance covers various aspects of licensing, including
driver qualifications, vehicle standards, and the protection of
vulnerable passengers.

The Secretary of State for Transport also has the power to issue
statutory guidance to local authorities on how to best exercise their
licensing functions to protect children and vulnerable adults . This
guidance provides a framework for local authorities to develop their
licensing policies and procedures, ensuring that they prioritize the
safety and well-being of passengers.

In addition to statutory guidance, the Department for Transport
continues to issue non-statutory guidance covering other aspects of
local licensing authorities' taxi and PHV licensing functions . This
guidance provides best practice recommendations and helps to ensure
consistency in licensing standards across different areas.

Conclusion
The legal basis for working as a taxi driver in the UK is founded on the
Town Police Clauses Act 1847 and the Local Government (Miscellaneous
Provisions) Act 1976. These Acts, along with subsequent amendments, case
law, and guidance from regulatory bodies, provide a comprehensive
framework for licensing and regulating the taxi and PHV trades.

A key aspect of this framework is the "fit and proper" person test,
which aims to ensure that only those who are deemed suitable are granted
a license to operate a taxi or PHV. Licensing authorities consider a
range of factors when assessing an applicant's suitability, including
their criminal record, driving history, medical fitness, and
topographical knowledge.

However, the taxi and PHV licensing landscape in the UK faces ongoing
challenges, particularly in light of the Deregulation Act 2015. The
Act's aim to reduce bureaucracy and promote competition has been met
with concerns about the potential for lower standards and
inconsistencies in licensing practices across different areas. The
introduction of the national database under the Taxis and Private Hire
Vehicles (Safeguarding and Road Safety) Act 2022 is a significant step
towards addressing these concerns by enabling the sharing of information
between licensing authorities and preventing drivers with a history of
misconduct from obtaining licenses in different areas.

The debate surrounding the Deregulation Act 2015 highlights the
complexities of balancing public safety with the need for a competitive
and efficient taxi and PHV market. As the industry continues to evolve,
it is crucial to ensure that the legal framework remains robust and
responsive to emerging challenges, ensuring the safety and well-being of
passengers while supporting a thriving and responsible taxi and PHV trade.