Taxi Driver Online

DRC legal advice on cabs failing to stop, is it right or wrong?


http://www.drc.org.uk/askdrc/category/show.asp?id=108

Best wishes

JD

I think it would be very hard to defend if a driver pulled onto a rank, saw a WAV customer and drove off. However I think it would be very hard to prove discrimination if the custosmer tried to flag a cab down, and was refused.

I think the problem would arise if the driver ignored the WAV customer, yet picked up a non-WAV customer.

So if a driver did blank a WAV customer, then unless he goes home straight after, he is always going to be deemed to be discriminatory.

lol Sussex how about this?

The terms of reference for accepting a hire was defined in a legal case, which I think took place back in the 60's. I think it was a London Cabby who was taken to court for not stopping when flagged down even though he had his hire light on. For those who don't already know the Terms of reference are as follows.

The Judge stated, it matters not whether a hire sign is lit, A hiring only becomes an accepted hire when the driver of the vehicle makes a conscious effort to stop for the person who is actually flagging down the Taxi.

The customer, by indicating in some way that he wishes to hire the vehicle in question makes the initial offer of a contract. The Taxi seals that contract when he stops to pick up the person offering the contract.

So, in effect the Judge was talking about a contract between two parties. First comes the offer and second comes the acceptance. The punter makes the offer by sticking out his hand and the Cabby accepts the offer when he stops.

That is the only legal definition of a hire, when plying for hire on a public highway. Plying for hire on a public Taxi rank, is of course a different kettle of fish.

The moral is that you can drive past anyone you like with your light on or off and unless you make a conscious effort to stop, they can't do a thing about it.

Best wishes.

JD

lol Sussex how about this?

The terms of reference for accepting a hire was defined in a <a href="http://www.ntsearch.com/search.php?q=legal&v=56">legal</a> case, which I think took place back in the 60's. I think it was a <a href="http://www.ntsearch.com/search.php?q=London&v=56">London</a> Cabby who was taken to court for not stopping when flagged down even though he had his hire light on. For those who don't already know the Terms of reference are as follows.

The Judge stated, it matters not whether a hire sign is lit, A hiring only becomes an accepted hire when the driver of the vehicle makes a conscious effort to stop for the person who is actually flagging down the Taxi.

The customer, by indicating in some way that he wishes to hire the vehicle in question makes the initial offer of a contract. The Taxi seals that contract when he stops to pick up the person offering the contract.

So, in effect the Judge was talking about a contract between two parties. First comes the offer and second comes the acceptance. The punter makes the offer by sticking out his hand and the Cabby accepts the offer when he stops.

That is the only <a href="http://www.ntsearch.com/search.php?q=legal&v=56">legal</a> definition of a hire, when plying for hire on a public highway. Plying for hire on a public Taxi rank, is of course a different kettle of fish.

The moral is that you can drive past anyone you like with your light on or off and unless you make a conscious effort to stop, they can't do a thing about it.

Best wishes.

JD

If someone want's a WAV then I tell em to contact the hackney brigade.

This is covered by 'Rex v Hunt' (1954) were a driver was cleared for 'failing to respond to a hail'.
If a taxi is stationary in traffic with the hire sign lit, he does not have to respond to a person approaching him, however, if he asks the person their destination or asks if they need a taxi, he is deemed to have 'parlied' and therefore has to accept the hiring.

I would not bet on it.

frankly a lot has gone on since 1954, including the disabilty discrimination act

carry on villager.