captain cab wrote:
Plying for hire is a passive activity
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| Author: | captain cab [ Wed Aug 27, 2008 7:10 pm ] |
| Post subject: | My Freind |
Minicab driver caught plying for trade: what are the possible consequences? A friend who is a taxi driver picked up two people last week. They turned out to be people from the council or who work for the police. My friend works for a private hire firm so he can only pick people that who book through the firm. My friend did not charge them as he did a favour as he was on the way back home. They want to take my friends license. What are my friends rights and what are the possible consequences? A private hire driver cannot pick up fares on the street unless they have been pre-booked through the office or over the phone. To ply for hire a driver and vehicle must have a “Hackney” carriage licence. These laws are administered mainly by local authorities, but national legislation sets out what taxis and private hire vehicles are allowed to do – it is not subject to local variation. Local authority officers actively police the laws by posing as potential passengers and it appears your friend has been caught in this manner. That he took no money will go in his favour but it is not a complete defence. The law makes it an offence for a private hire or minicab driver to either "ply for hire" or "tout" for business. Either of the two are likely to lead to the loss or suspension of a private hire (minicab) licence but touting is the more serious. Plying for hire is a passive activity; the driver waits to be approached by a passenger. Passengers are drawn to taxis because they have signs which indicate that the vehicle is for hire. Touting, on the other hand, is active with the driver approaching the passenger offering his services. It is the active nature of touting which distinguishes the offence from illegal plying for hire. It is not widely known but touting - the active soliciting of fares - is also an offence for licensed Hackney Carriage (black cab) drivers. There are two aspects to the penalty, firstly for the criminal offence and secondly measures taken by the council in respect of the driver's minicab license. In terms of the criminal penalty illegal plying for hire is rarely a singular offence as it is possible that there will not be valid insurance in force for that vehicle that permits the use of that vehicle for an illegal activity. It is therefore likely that offenders will also be prosecuted for a “no insurance” offence. Illegal plying for hire attracts a maximum penalty of a fine of £2,500 and no insurance carries 6-8 points on the driving licence. The current council penalty for a driver convicted of an offence of plying for hire is a 2 month suspension for the first offence and a 6 month suspension for the second offence. The revised guidelines have increased this penalty to a 6 month suspension for the first offence and the licence being revoked in respect of a further offence. You friend needs expert legal assistance with this. Please come back to us if we can help further. We hope this information answers your question and that you found our free service fast, comprehensive and useful. We answer questions on any legal matter so please tell anyone else who you think might benefit from our free assistance. http://www.lawanswers.co.uk/questions/minicab-driver-caught-plying-for-trade-what-are-the-possible-consequences |
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| Author: | Sussex [ Wed Aug 27, 2008 7:14 pm ] |
| Post subject: | Re: My Freind |
captain cab wrote: Plying for hire is a passive activity
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| Author: | JD [ Wed Aug 27, 2008 9:16 pm ] |
| Post subject: | |
This guy must have read TDO. I like the part about not charging. I wonder when the driver realised he had picked up two enforcement officers? Regards JD |
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| Author: | wannabeeahack [ Wed Aug 27, 2008 9:41 pm ] |
| Post subject: | |
mmmmm there must be a requirement for a LO to identify themselves (ignore for now the fact he did pick em up), i wonder when this occured, as if it was before money changed hands its possible no offence was committed if the driver (using what little brain matter he had) could have said "whoa neddy", if they PAID for his services then they have acted as "agent provacuter" why do i think that a naughty PH driver who could afford a good QC could get off? sad when all he has to do is give em a card, and say ring my mobile....,or maybe only take the booking on the spot even, so its a matter of record and "pre-booked" |
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| Author: | JD [ Wed Aug 27, 2008 10:13 pm ] |
| Post subject: | |
wannabeeahack wrote: mmmmm
there must be a requirement for a LO to identify themselves (ignore for now the fact he did pick em up), i wonder when this occured, as if it was before money changed hands its possible no offence was committed if the driver (using what little brain matter he had) could have said "whoa neddy", if they PAID for his services then they have acted as "agent provacuter" I think it was the Nottingham v Amin case that finally resolved the position of "agents provocateurs", in respect of illegally plying for hire. I'm sure some learned scholar will correct me if I'm wrong. Regards JD |
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| Author: | Sussex [ Wed Aug 27, 2008 10:19 pm ] |
| Post subject: | |
JD wrote: I like the part about not charging. I wonder when the driver realised he had picked up two enforcement officers?
When they asked the driver to stop half way through the ride so they could have their regulation tea break. 
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| Author: | wannabeeahack [ Wed Aug 27, 2008 10:30 pm ] |
| Post subject: | |
I had a guy 3 sheets to the wind get in my minibus 15 years ago (PH, pre-booked job), at the drop he whipped out a VOSA ID badge, and said if i didnt charge him for the trip he wouldnt find something to nick me over i threw him out |
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| Author: | Brummie Cabbie [ Thu Aug 28, 2008 8:00 am ] |
| Post subject: | |
JD wrote: I think it was the Nottingham v Amin case that finally resolved the position of "agents provocateurs", in respect of illegally plying for hire. I'm sure some learned scholar will correct me if I'm wrong.
Thanks for that one JD! I always wondered when that one 'went out the window'. We had a male enforcement officer years ago, (by the name of Sheppard, except he wasn't), who went on & on about acting as 'Agent Provocateur' when the HC trade was urging more enforcement against illegal plying for hire. He used to say that he could not approach PH standing on the street & try to hire the PHV, because he would be acting as 'agent provocateur'. And he used to say 'agent provocateur' in a pseudo French accent with a Brummie twang, & that used to 'fully wind up' (to use a Gerry Shires' expression) the Hackney trade. Off course 'Agent Provocateur' is now a leading brand ....... of ladies lingerie. I'd love to see Sheppard in 'Agent Provocateur' now for all his inactivity & sins. |
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| Author: | grandad [ Thu Aug 28, 2008 2:10 pm ] |
| Post subject: | |
wannabeeahack wrote: I had a guy 3 sheets to the wind get in my minibus 15 years ago (PH, pre-booked job), at the drop he whipped out a VOSA ID badge, and said if i didnt charge him for the trip he wouldnt find something to nick me over
i threw him out You threw him out at his destination.  Well that really taught him a leason. 
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| Author: | JD [ Thu Aug 28, 2008 3:18 pm ] |
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Brummie Cabbie wrote: JD wrote: I think it was the Nottingham v Amin case that finally resolved the position of "agents provocateurs", in respect of illegally plying for hire. I'm sure some learned scholar will correct me if I'm wrong. Thanks for that one JD! I always wondered when that one 'went out the window'. The case is on here, if you type in Amin I'm sure you will find it. Regards JD |
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| Author: | wannabeeahack [ Thu Aug 28, 2008 3:45 pm ] |
| Post subject: | |
grandad wrote: wannabeeahack wrote: I had a guy 3 sheets to the wind get in my minibus 15 years ago (PH, pre-booked job), at the drop he whipped out a VOSA ID badge, and said if i didnt charge him for the trip he wouldnt find something to nick me over i threw him out You threw him out at his destination. Well that really taught him a leason. id agree with you but he left me a generous tip - a £20 note he had dropped, plus i picked his wife up a few weeks later and asked if she knew the bloke who id dropped off with the blonde that night... revenge is a dish best served cold |
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| Author: | bloodnock [ Thu Aug 28, 2008 4:42 pm ] |
| Post subject: | |
Who picks up Complete Strangers for free ????...what Utter Twaddle.. |
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| Author: | grandad [ Thu Aug 28, 2008 5:08 pm ] |
| Post subject: | |
bloodnock wrote: Who picks up Complete Strangers for free ????...what Utter Twaddle..
I used to pick up complete strangers for free. They are usually called hitch hikers. I picked one up one in one of our stretched limos. I was on my way to a job in Skegness. I had my son in the back of the car taking advantage for a night out in sunny Skeggy. He was fast asleep when I stopped to pick up a lad who had run out of petrol. You should have seen his face when he opened the back door and there was someone in the car. 
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| Author: | wannabeeahack [ Thu Aug 28, 2008 6:03 pm ] |
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bloodnock wrote: Who picks up Complete Strangers for free ????...what Utter Twaddle..
usually known as "a runner"
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