As the high court has already made judgment on this case, regarding being licenced in one area and working in another, could the same apply in Scotland or are our laws different in this case

As the high court has already made judgment on this case, regarding being licenced in one area and working in another, could the same apply in Scotland or are our laws different in this case

The CGSA 1982 doesn't allow this.

Offences



The way i read this is, if the cab or driver is NOT LICENCED, there is no reference to being licenced, and working in another area




or
(b) picks up passengers in, or permits passengers to be picked up by, a
private hire car within an area in respect of which its operation requires
to be but is not licensed or the driver requires to be but is not licensed, that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £2,500.
(2) Subsection (1) above does not apply to the operation of a taxi or private hire car within an area in respect of which its operation or its driver is not licensed if the request for its hiring was received by its driver (otherwise than in a public place from the person to be conveyed in it, or a person acting on his behalf, for a journey beginning there and then) whilst -
(a) in the area or in that part thereof in respect of which its operation and
its driver are licensed;
(b) engaged on hire on a journey which began in that area or part or will
end there; or
(c) returning to that area or part immediately following completion of a
journey on hire.

Offences

21(1) If any person -

(a) operates, or permits the operation of, a taxi within an area in respect of which its operation requires to be but is not licensed or the driver
requires to be but is not licensed; or
(b) picks up passengers in, or permits passengers to be picked up by, a
private hire car within an area in respect of which its operation requires
to be but is not licensed or the driver requires to be but is not licensed, that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £2,500.
(2) Subsection (1) above does not apply to the operation of a taxi or private hire car within an area in respect of which its operation or its driver is not licensed if the request for its hiring was received by its driver (otherwise than in a public place from the person to be conveyed in it, or a person acting on his behalf, for a journey beginning there and then) whilst -
(a) in the area or in that part thereof in respect of which its operation and
its driver are licensed;
(b) engaged on hire on a journey which began in that area or part or will
end there; or
(c) returning to that area or part immediately following completion of a
journey on hire.

(2) Subsection (1) above does not apply to the operation of a taxi or private hire car within an area in respect of which its operation or its driver is not licensed if the request for its hiring was received by its driver (otherwise than in a public place from the person to be conveyed in it, or a person acting on his behalf, for a journey beginning there and then) whilst -
(a) in the area or in that part thereof in respect of which its operation and
its driver are licensed;
(b) engaged on hire on a journey which began in that area or part or will
end there; or
(c) returning to that area or part immediately following completion of a
journey on hire.

I don't see how you figure that out

Quote:
21(1) If any person -

(a) operates, or permits the operation of, a taxi within an area in respect of which its operation requires it to be, but is not licensed or the driver
requires to be but is not licensed;


The way i read this is, if the cab or driver is NOT LICENCED, there is no reference to being licenced, and working in another area

If you were right skippy, why would they have bothered to include taxis in subsection 2?

Right Gus, if I came up to Aberdeen, and as I am fully licenced as a hack, I could legaly work there as a PH through an office, not that I would want to with them high radio charges



Its this first part that allows me to do it, being fully licenced regardless of what area I paid my licence fee's in.

That means if I am correct in my assessment, that if your driving along and someone waves you down you are not permitted to pick them up unless they have made a call to you or an office, in the same terms as what a PH operates

Your assessment is wrong. You must comply with a,b or c above.

I dont think so Gus, as the wording NOT LICENCED is there, JD may be able to shed some more light on this, I just wish there was a Scottish solisitor on here that we could consult

As the high court has already made judgment on this case, regarding being licenced in one area and working in another, could the same apply in Scotland or are our laws different in this case