Quote:
traffic orders state wheelchair accessible taxis only
does it really specify 'wheelchair accessible taxis?
I wonder how legal that is? licensing law doesn't make any differences between vehicle types, a licensed taxi is described as a 'hackney carriage'.
Indeed;
R (on the application of Maud) v Castle Point Borough CouncilSource: All England Reporter
Publisher Citation: [2002] All ER (D) 23 (Oct)
Court: Court of Appeal, Civil Division
Judge: Kennedy, Buxton and Keene LJJ
Representation David Wolfe (instructed by Griffith Smith, Brighton) for the appellant.
Alan Newman QC and Andrew Muir (instructed by Barry Rollinson, Canvey Island) for the respondent.
Judgment Dates: 2 October 2002
CatchwordsRoad traffic - Hackney carriage - Licence - Authority proposing to remove limit on number of licences to be granted - Appellant licence holder seeking judicial review of change of licence policy - Whether authority entitled to impose conditions limiting where new licence holders entitled to ply for hire - Whether authority permitted to have regard to latent demand for hackney carriage licences - Town and Police Clauses Act 1847, s 37 - .
The CaseOn a true construction of s47(1) of the 1976 Act, an authority was not entitled to impose a condition which prevented a hackney carriage from acquiring fares from a particular stand or street. That would create a two tier system that flew in the face of the legislative approach to remove restraints and allow market forces to take effect. Any such system would encourage a second class of taxi that was contrary to the aim of encouraging competition.