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

The Offence
It is an offence to carry a person in your hackney against their will. 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
If you are found guilty of this offence you may face a fine of 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 the team at roadtrafficlaw.com for advice, as your 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.

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