Carriage of a Person without their Consent or that of the Hirer

Any person hiring a Hackney Carriage must give their consent to being carried within the carriage and it is an offence to carry anyone else other than the hirer, without the consent of the hirer. This consent must be expressly given and without fear of or the perceived fear of duress.

Do I need a Notice of Intended Prosecution (NIP) for offences relating to allowing the Carriage of a Person without their Consent or that of the Hirer

No, there would not be a requirement for the Licensing Authority to issue a NIP for any offences that relate to carriage of someone without their consent or the carriage of anyone else without the express consent of the hirer.

Punishment

Fine up to £250.00

Defences

Whether this was undertaken unknowingly or you were not aware that the driver had carried someone without their consent or carried another without the hirers consent, if you face a charge such as this we strongly advise you contact us, at the Motor Defence Team for advice, as a defence would be dependant on the facts of the case. Therefore it is critical that the full circumstances of your case are examined to ensure your case is properly prepared. If you face an allegation of allowing a person to drive a Hackney Carriage with a falsely obtained license, we advise you to contact us to take specialist legal advice.

Disclaimer The contents of these pages are provided as an information guide only and are limited to offences committed in England and Wales. No responsibility is accepted for any errors, omissions, or misleading statements on these pages or any site to which these pages connect, including any feature or aspect of such site or pages, whether provided by Motor Defence Solicitors or by any organisation, company or individual. No mention of any organisation, company or individual, whether on these pages or on other sites to which these pages are linked shall imply any approval or warranty as to the standing and capability of any such organisations, company or individual on the part of Motor Defence Solicitors.