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 Post subject: Re: Colour Codes
PostPosted: Thu Dec 08, 2005 9:40 pm 
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JD wrote:
The case put forward for retention in Manchester was that of safety? It never went to court so we won't know what the final outcome would have been but if the judge in Durham case said an illuminated sign is all that is needed to distinguish the vehicle as a Taxi, it might be prudent to suggest that he may have entertained the thought that any other similar type vehicles running around Durham displaying illuminated roof signs might also be confused as Taxis so it leads me to think that all other such vehicles would be excluded from displaying any type of illuminated sign in Durham.



I don't doubt you on that, but on the other hand there are plenty of people associated with the trade in the country who seem to think that a roofsign is permissible as long as it's displayed with words like 'prior booking only', so it wouldn't be entirely surprising if a judge was to come to the same conclusion.

But irrespecitive of the Durham case, I think the roofsign question is symptomatic of the blurring of the edges between the two trades, and the presence or otherwise of a roofsign is only one facet of several issues that need to be considered.

For example, recently we've seen on here the PH 'ranks' in Kingston administered by the PCO and the setting of PH fares by the Scottish LA.

I mean, in Brighton if you phone for a taxi you can have the white car with the tellytubby green bonnet appearing one day, and a PH vehicle with roofsign, door advertising and taxi meter the next - even removing the roofsing leaves a distinct overlap between the two trades.

It's not so much the rules in Brighton per se, but that there's so much variation throughout the country - residents might know the difference, but a visitor there could be excused for thinking that the PH cars were taxis.

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 Post subject: Re: Colour Codes
PostPosted: Thu Dec 08, 2005 11:50 pm 
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TDO wrote:

It's not so much the rules in Brighton per se, but that there's so much variation throughout the country - residents might know the difference, but a visitor there could be excused for thinking that the PH cars were taxis.


Perhaps the law needs more clarity? Experiance tells us that many punters who are in a hurry to get from A to B will jump into any type of vehicle regardless of what is displayed.

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JD


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PostPosted: Sat Dec 10, 2005 5:45 pm 
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It might be worth looking at the legislation in respect of this case and in particular section 47.1 and 2

It would appear on reading sub section 2 that a council has a wide remit in the design and colour of a Hackney carriage but when you scrutinise clause 1 the words "resonably neccessary" jump out at you like a sore thumb. I think those who wish to oppose this clause in the future will have a high expectation of success when using the argument of "what is" reasonable?

47 Licensing of hackney carriages

(1) A district council may attach to the grant of a licence of a hackney carriage under the Act of 1847 such conditions as the district council may consider reasonably necessary.

(2) Without prejudice to the generality of the foregoing subsection, a district council may require any hackney carriage licensed by them under the Act of 1847 to be of such design or appearance or bear such distinguishing marks as shall clearly identify it as a hackney carriage.


(3) Any person aggrieved by any conditions attached to such a licence may appeal to a magistrates' court.

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JD


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PostPosted: Sat Dec 10, 2005 9:39 pm 
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Yes, and of course the problem with vague concepts such as reasonableness is that it comes down to the judiciary to define what it means, and to that extent depends on the individuals involved.

On the other hand, I think the new legislation in Ireland gives the regulator the specific power to designate colour schemes.

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 Post subject:
PostPosted: Sun Dec 11, 2005 1:16 am 
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Paisley Buddie wrote:
JD wrote:

If the case has been reported I'll probably be able to get it, the problem arises when these types of cases go unreported.

Regards

JD


Thanks JD

Your are priceless to this website & all who use it



Do you want to borrow my hanky to wipe the brown stuff off your nose? :wink:


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 Post subject:
PostPosted: Sun Dec 11, 2005 1:18 am 
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TDO wrote:
Yes, and of course the problem with vague concepts such as reasonableness


Indeed, I was just thinking that myself tonight.

:-s


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 Post subject: Re: Colour restrictions
PostPosted: Sun Dec 11, 2005 1:20 am 
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JD wrote:
GB dear, will you please stop invading my privacy?

Regards

cynthia


Don't get bitchy with me! :wink:


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