Yorkie wrote:
john.
you are single minded a taxi does not need ranks to ply for hire for gods sake if you are on the street sticking out a hand for bus or taxi that vehicle is plying for hire.
lol Have I ever said that a Taxi can only ply for hire from a designated Taxi rank? Taxi ranks may or may not be appointed by the council but if they are then they are established in order that a Cab can ply for hire there. There are two ways of plying for public hire either by standing at a designated Taxi rank or while in motion on a public highway. Some may say there is only one way of plying for hire and that is by making oneself available to the public at all times when your for hire sign is illuminated.
Now you can quote me correctly, for my definition of a Taxi plying for hire.
With regard to someone sticking out his or her hand to hail a cab I think the distinction should be made as to who is actually plying for hire.
A Taxi with his hire sign illuminated one would assume is plying for hire but that it not always the case. A taxi with his sign turned off one would assume is not plying for hire but that is not always the case either. Just because a person puts his hand up to hail a Taxi it doesn't necessarily mean that the Taxi he is hailing is plying for hire. The only way you will know if a Taxi is plying for hire is if they actually stop or the vehicle is sat on a Taxi rank waiting for custom.
With regard to someone hailing a bus I assume you mean from a designated bus stop. I have myself put my hand out to signal a bus to stop while standing at a bus stop, it is a natural reaction if you think the bus is going to go sailing by. However, I have never put my hand out to hail a bus when I have not been standing at a bus stop, reason being I know that buses cannot ply for hire, the bus driver should know that too.
Therefore the inference that a person would stick his hand out for a bus when not at a bus stop, is misleading.
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If a private hire vehicle driver walks into a pub and says I've a taxi outside for anyone who wants one, he's plying for hire.
I'm afraid no one can walk into a pub and say "I have a taxi outside for anyone who wants one" Not even a Hackney carriage driver. There are certain laws that apply to Hackney carriage drivers as well as the general public. Hackney carriage drivers cannot tout for business in any way shape or form, it is illegal.
Were you aware of that fact?
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no I am not saying your passage quoted does not exist, only in my book it has different numbers namely section 30
This is what I said "C.67 section 30-1 1985 act" and this is how its interpreted "Section 30" "sub section 1".
Can you see it now?
I don't know what book you have but no matter what it is, if it relates to buses plying for hire it will no doubt quote the relevant section, which is 30 and the relevant sub section, which is 1 and that is exactly what I stated.
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the one about 8 seated vehicles is ironic in the terms of airport caz if you cannot see it sorry.
The reference to buses over 8 seats is not one of my making but that of the 1985 act. When it comes to plying for hire, Airportcarz along with every other bus company must abide by the law. The point about Airportcarz is that no one has enough concrete evidence to suggest they are actually plying for hire, if they did they would have been in court long ago.
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merely big busses cannot ply for hire as a whole
what John do you think plying for hire means?
Plying for hire in reference to Hackney carriages means any vehicle licensed by the appropriate Authority constructed or adapted to seat 8 or less passengers which is provided for immediate hire in any street whether by standing or plying for hire.
In reference to a bus, I'm afraid there is no reference in law that says a bus can ply for hire as a whole. You are going to have to show me legislation where it says a bus can ply for hire? I've already shown you the legislation that says a bus cannot ply for hire, so I think it is now down to you to show me the legislation that says they can.
Perhaps you are confusing bus with Taxi. I assume you think that because a bus picks up passengers at a designated bus stop on a designated route that they are plying for hire. In a roundabout way I suppose that could be seen as being an acceptable definition but plying for hire means making oneself immediately available for hire and I'm afraid buses are not immediately available for hire because they operate under legislation that strictly forbids them being immediately available for hire.
It is also a breach of licence not to run to a registered timetable, it is also a breach of licence to prolong your stay at a designated bus stop. It is also a breach of licence to pick up in-between bus stops, not only is it a breach of licence it is also an offence of plying for hire. So whereas a Taxi can stand indefinitely at a Taxi stand until such time he is hired, a bus does not have that privilege. A bus driver must adhere to the terms of his licence, which restricts him from plying for hire as a whole.
The recent flexibility of some licenses does not mean that a public service vehicle can ply for hire as a whole. Unlike a Taxi, which can. One other thing that should be remembered, there is only one body who can grant a Licence to ply for public hire, they are the local council. The Traffic commissioner can’t grant you a licence to ply for hire.
I can fully see your argument that a bus ply's for hire by virtue of picking up passengers on a designated bus route but I think the wider interpretation of plying for public hire in this instance should be applied.
If you believe that a bus is the same as a Taxi when it comes to plying for public hire, then I am afraid I and many others will no doubt disagree with that analogy.
Best wishes
JD