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PostPosted: Thu Oct 01, 2009 10:55 pm 
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Brummie Cabbie wrote:
I thought it was about ‘reasonable adjustments’ too, until I read & re-read the Liverpool E7 judgment, where the judge clearly distinguishes between different types of wheelchair users & splits them into at least two groups. And he goes on to say that a one vehicle fits all solution is not the correct solution. I personally don’t think that to be a ‘reasonable adjustment’ in my book, because the inference of that judgment would ultimately mean that we all have to have bigger & longer vehicles. The lengths of 1356 wheelchairs with occupants tested in a 2005 survey, as reported in the judgment ranged between 775mm (2 feet 6 ½ inches) to a whopping 1534mm (5 feet ¼ inch). I don’t know where the Hackney trade goes from here, because the accommodation of such long wheelchairs & their user is, in my book, the other end of ‘reasonable adjustment’. So I don’t think I am citing it incorrectly at all; on the contrary, I now believe I am not citing it strongly enough.


So, a reasonable adjustment would be fitting in the wheelchairs you can and not carrying the ones you can't? You already said you do this. What changes?

Brummie Cabbie wrote:
Tell that to Mr Justice Blake... That’s how powerful the DDA is!


The DDA is only powerful if it appears you haven't taken any regard of it. Most of it is a box-ticking exercise. Again, reasonable adjustments. As long as you prove you've given due regard to it then it can't be used a stick to beat you with.

Brummie Cabbie wrote:
As I wrote in my previous post, ‘This was a grave omission from the DDA!!’

It is very probable that at the time the DDA was drafted, civil servants that were entrusted with drafting it, probably though, quite rights so in the early 1990’s, that PH were an insignificant part of the public transport system to warrant inclusion in the fullness of the DDA legislation. In 2009, that is no longer the case!!! Private Hire now out-number Hackney Carriage in the whole of the country, probably by about three or four to one. It’s high time that the largest personal passenger transport service in the country was brought into the realms of the DDA & not be allowed to continue to avoid giving the service that they could so easily provide for the wheelchair disabled. To that end several PH operators in Brum already do so.


Again, more bunkum and bluster to cover up the fact you don't like the PH trade. You don't want PHV's to have any discernible advantage over you so you're whining about them not being under the auspices of the DDA. You couldn't give a monkeys about public safety, comfort or any of that. You just want the PH trade to suffer under the same burden you do.

As for easily providing, I'd suggest it maybe isn't so easy to just go out and purchase a WAV but it's just another example of that bias you have. You spent two paragraphs whining about how YOU in your purpose built shed with all it's bells and whistles can't provide a service to some wheelchair passengers. What makes you think it would be so easy for the PH trade? Wouldn't it just be quicker to say you don't like PH because they're competition and you don't like that?

Brummie Cabbie wrote:
It may well have in the next few years!!


But not at present which is what's really boiling your [edited by admin].

Brummie Cabbie wrote:
The problem with PH cars is that the vast majority do not abide by their licensing conditions & constantly illegally ply for hire. That in it’s self is transgression of the law. If they want to ply for hire do it legally; become a HC driver. But no, you want your cake & eat it. That’s why I don’t like PH cars. Those that do the job totally legally, & there’s a good 4 or 5% that do, I take my hat off to them & good luck to them.


And there it is; the truth. It's not about conditions of licence at all and you know it. It's about them competing for the same work as you and you just don't like it so you use any excuse you can to bash them over the head. By the way, have you got any nationwide stats to back those numbers up?

Brummie Cabbie wrote:
You have lost the bet!!! I am actually sh*t scared of the DDA...


Yes you are but my original point stands. You don't care about the content of the DDA. You care about how it could disadvantage you, not the aims and objectives of the Act. You want the PH trade to share those disadvantages not because you're some kind of altruist who dreams of increased accessibility but simply because you don't like the PH trade.

Brummie Cabbie wrote:
You’d win this bet all hands down, because PH will never stop flying the ‘Skull & Crossbones’ & that is a legitimate reason for me to complain that the PH trade are ‘getting away with’ pirating nationally & as it is contrary to the LG(MP) Act 1976, I have a most valid reason to continue to complain & try to get these hoodlums to comply with the law of the land. Any law abiding citizen would, wouldn’t they? ….. wouldn’t you Mr Saltmarket?


Pirating? Don't make me laugh. You ever spent any time on Blackpool Prom at the height of the season? Ever seen the Hackneys touting for trade by openly petitioning prospective customers at tram stops and then setting off with more than their allowed occupancy (and the meter turned off)? I have. I'm not saying there aren't unscrupulous folks within the PH trade but to suggest it's only them doing it is just plain crap.

I'm all for licenced drivers whatever their trade sticking to the terms of their licences but don't pretend it's only one side doing it. If there's one thing I can't stand it's self-righteousness. Ever driven at 31 in a 30? Plan on turning yourself in and copping for the three points?

Didn't think so.


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PostPosted: Thu Oct 01, 2009 11:49 pm 
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Saltmarket wrote:
So, a reasonable adjustment would be fitting in the wheelchairs you can and not carrying the ones you can't? You already said you do this. What changes?

Nothing changes; it’s the correct procedure.

Saltmarket wrote:
The DDA is only powerful if it appears you haven't taken any regard of it. Most of it is a box-ticking exercise. Again, reasonable adjustments. As long as you prove you've given due regard to it then it can't be used a stick to beat you with.

Liverpool thought they had taken due regard to the DDA & came unstuck big-time.

Saltmarket wrote:
Again, more bunkum and bluster to cover up the fact you don't like the PH trade. You don't want PHVs to have any discernible advantage over you so you're whining about them not being under the auspices of the DDA. You couldn't give a monkey’s about public safety, comfort or any of that. You just want the PH trade to suffer under the same burden you do.

It’s not about suffering; it’s about a level playing field & the PH trade’s public duty. After all you are the largest personal transport providers in the country. Mind you with that attitude, Lord knows which council you worked for or what position you held.

Saltmarket wrote:
As for easily providing, I'd suggest it maybe isn't so easy to just go out and purchase a WAV but it's just another example of that bias you have.

The bias is all in favour of the PH trade, because they don’t come under the DDA, which I believe is wrong.

Saltmarket wrote:
You spent two paragraphs whining about how YOU in your purpose built shed with all it's bells and whistles can't provide a service to some wheelchair passengers. What makes you think it would be so easy for the PH trade? Wouldn't it just be quicker to say you don't like PH because they're competition and you don't like that?

Fair competition isn’t a problem; ‘Skull & Crossbones’ is. I previously wrote; 'Those that do the job totally legally, & there’s a good 4 or 5% that do, I take my hat off to them & good luck to them.'

Saltmarket wrote:
But not at present which is what's really boiling your bunny!!


Image Image Image Image

Saltmarket wrote:
And there it is; the truth. It's not about conditions of licence at all and you know it. It's about them competing for the same work as you and you just don't like it so you use any excuse you can to bash them over the head. By the way, have you got any nationwide stats to back those numbers up?


From that remark it is clear you fully endorse illegal plying for hire by PH. That’s a good start to the trade. Every month on Licensing Committee agendas throughout the country there are licensing officer’s report about PH drivers prosecuted through the courts for illegal plying for hire & no valid insurance. A great number are available on the Internet including Brum’s

Saltmarket wrote:
Yes you are but my original point stands. You don't care about the content of the DDA. You care about how it could disadvantage you, not the aims and objectives of the Act. You want the PH trade to share those disadvantages not because you're some kind of altruist who dreams of increased accessibility but simply because you don't like the PH trade.


On the contrary, I want definitive guidance from authorities on the DDA, how it affects cab drivers & not the wishy-washy way in which the subject is approached by licensing officers. The NVQ is only a very small part of what needs to be known by all cabbies with regard to the DDA. Ignorance of the law is no excuse. And when you get prosecuted for an offence against the DDA, which you might have thought you were complying with, it’s too late. And I want the PH trade to be an inclusive part of discharging their public responsibilities in this field, which they have not as yet been party to.

Saltmarket wrote:
Pirating? Don't make me laugh. You ever spent any time on Blackpool Prom at the height of the season? Ever seen the Hackneys touting for trade by openly petitioning prospective customers at tram stops and then setting off with more than their allowed occupancy (and the meter turned off)? I have. I'm not saying there aren't unscrupulous folks within the PH trade but to suggest it's only them doing it is just plain crap.


When did I ever suggest that only PH are unscrupulous? I accept your point about Blackpool & what you describe is unlawful.

Saltmarket wrote:
I'm all for licensed drivers whatever their trade sticking to the terms of their licences but don't pretend it's only one side doing it. If there's one thing I can't stand it's self-righteousness. Ever driven at 31 in a 30? Plan on turning yourself in and copping for the three points?

Mr Saltmarket ..... now you are being silly!!

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PostPosted: Fri Oct 02, 2009 12:54 am 
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Brummie Cabbie wrote:
Liverpool thought they had taken due regard to the DDA & came unstuck big-time.


Thought. They found out that they hadn't and the judge put them straight. Now they know better.

Brummie Cabbie wrote:
It’s not about suffering; it’s about a level playing field & the PH trade’s public duty. After all you are the largest personal transport providers in the country. Mind you with that attitude, Lord knows which council you worked for or what position you held.


A level playing field? So in the spirit of equality you wouldn't mind if the PH could pick up off the streets? And there you go again with the public duty garbage. You're not interested in the public duty. You just want PH, who you see as competition, to share the same burdens as you. Stop hiding behind lofty motives.

Brummie Cabbie wrote:
The bias is all in favour of the PH trade, because they don’t come under the DDA, which I believe is wrong.


The DDA doesn't apply to private cars either. The Hackney trade can pick up off the street. It's that availability which means they should come under the DDA. After all, you ARE the only one who can play for trade in the street aren't you. With rights come responsibility! :lol:

Brummie Cabbie wrote:
Fair competition isn’t a problem; ‘Skull & Crossbones’ is. I previously wrote; 'Those that do the job totally legally, & there’s a good 4 or 5% that do, I take my hat off to them & good luck to them.'


And as I previously wrote can you back those numbers up? You made the assertion. All I'm doing is asking you to prove it.

Brummie Cabbie wrote:
From that remark it is clear you fully endorse illegal plying for hire by PH. That’s a good start to the trade. Every month on Licensing Committee agendas throughout the country there are licensing officer’s report about PH drivers prosecuted through the courts for illegal plying for hire & no valid insurance. A great number are available on the Internet including Brum’s


From that remark I can see you're really reaching. I meant that you see the PH trade as competition and want to stifle it. I don't condone illegally plying for trade. I think I said as much later on in my reply to you. Apologies to you, also, if I accidentally stumbled across a problem with reading comprehension you may have.

Brummie Cabbie wrote:
On the contrary, I want definitive guidance from authorities on the DDA, how it affects cab drivers & not the wishy-washy way in which the subject is approached by licensing officers. The NVQ is only a very small part of what needs to be known by all cabbies with regard to the DDA. Ignorance of the law is no excuse. And when you get prosecuted for an offence against the DDA, which you might have thought you were complying with, it’s too late. And I want the PH trade to be an inclusive part of discharging their public responsibilities in this field, which they have not as yet been party to.


Hiding behind the lofty morals again. Public responsibilities? The BH trade can pick up off the street and therefore you fall under the DDA. PH is pre-booked and therefore they don't. Again, if you want a level playing field and you're not just trying to cherry-pick the bits that suit you, would you be OK if PH were to pick up in the street? All, of course, in the name of fair play?

Brummie Cabbie wrote:
When did I ever suggest that only PH are unscrupulous? I accept your point about Blackpool & what you describe is unlawful.


You haven't mentioned the BH trade doing anything illegal or unlicenced but you've gone on at length about the PH trade doing so. You might not have come right out and said it but you certainly inferred it in your wording or lack thereof.

Brummie Cabbie wrote:
Mr Saltmarket ..... now you are being silly!!


No, Brummie, I'm just pointing out your own hypocrisy.


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PostPosted: Fri Oct 02, 2009 4:02 am 
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Brum does saltmarket remind you of someone, a certain x union rep :?: :?: :wink:

You know who I mean the one with the stutter looks like he has obtained a spell checker :wink:


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PostPosted: Fri Oct 02, 2009 7:40 am 
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skippy41 wrote:
Brum does saltmarket remind you of someone, a certain x union rep :?: :?: :wink:

You know who I mean the one with the stutter looks like he has obtained a spell checker :wink:

Know the one Mr Skippy41 ..... know him well!!

Don't critisize Mr Saltmarket though ...... he's a breath of fresh air to the Forum ..... & so, so funny.

In the words of Gerry Shires, that cab baron, ex-insurance broker & brief-case market trader from Blackpool, "He's fully wound up!"

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PostPosted: Fri Oct 02, 2009 8:29 am 
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saltmarket wrote:
And as I previously wrote can you back those numbers up? You made the assertion. All I'm doing is asking you to prove it.

Just a single one of the tens or hundreds of thousands that illegally ply for hire daily.

http://www.taxi-driver.co.uk/phpBB2/vie ... hp?t=12443

But then you do wear .....

Image

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PostPosted: Fri Oct 02, 2009 9:16 am 
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Does it say in the DDA that ph are exempt :?:


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PostPosted: Fri Oct 02, 2009 10:07 am 
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stationtone wrote:
Does it say in the DDA that ph are exempt :?:

It would appear not.

http://www.dft.gov.uk/transportforyou/access/taxis/

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PostPosted: Fri Oct 02, 2009 10:10 am 
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Thanks

I thought so,swifel seats or wav,s :)


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PostPosted: Fri Oct 02, 2009 5:58 pm 
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Brummie Cabbie wrote:
stationtone wrote:
Does it say in the DDA that ph are exempt :?:

It would appear not.

http://www.dft.gov.uk/transportforyou/access/taxis/

It also doesn't say in the DDA that the moon is made of cheese, in other words if it doesn't say PH are exempt doesn't mean that their not.

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PostPosted: Fri Oct 02, 2009 7:27 pm 
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Brummie Cabbie wrote:
saltmarket wrote:
And as I previously wrote can you back those numbers up? You made the assertion. All I'm doing is asking you to prove it.

Just a single one of the tens or hundreds of thousands that illegally ply for hire daily.

http://www.taxi-driver.co.uk/phpBB2/vie ... hp?t=12443

But then you do wear .....

Image


So, in other words, no you can't.

I thought as much.

I love how you accuse me of being blinkered but can't even back up your own numbers.

As for being the re-incarnation of another poster, I promise you I'm not. I might come across as argumentative sometimes but, hell, that's what forums are for!

:lol:


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PostPosted: Fri Oct 02, 2009 8:32 pm 
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Fair competition isn’t a problem; ‘Skull & Crossbones’ is. I previously wrote; 'Those that do the job totally legally, & there’s a good 4 or 5% that do, I take my hat off to them & good luck to them.'


Whilst I don't agree with 'pirating' PH are not the only ones who obtain fares illegally. As we are all aware HC are not supposed to rank up anywhere other than on the ranks provided by the council. I am fed up to the back teeth of going to pubs, clubs and restuarants to get customers that have phoned for a PH only to find I can't get remotely close enough to pick up my customers for HC's ranked up outside them. Oh yes and lets not forget that I have to share my PH system with HC's who will take a job off the system and a flagger at the same time, dropping the flagger off and then going to do the job they have been given off the system. The customers waited forever for their car and doesn't want to ring us up again the HC doesn't give a sh*t cos they can take work of the road if things get bad on the system.

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PostPosted: Fri Oct 02, 2009 8:35 pm 
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toots wrote:
Quote:
Fair competition isn’t a problem; ‘Skull & Crossbones’ is. I previously wrote; 'Those that do the job totally legally, & there’s a good 4 or 5% that do, I take my hat off to them & good luck to them.'


Whilst I don't agree with 'pirating' PH are not the only ones who obtain fares illegally. As we are all aware HC are not supposed to rank up anywhere other than on the ranks provided by the council. I am fed up to the back teeth of going to pubs, clubs and restuarants to get customers that have phoned for a PH only to find I can't get remotely close enough to pick up my customers for HC's ranked up outside them. Oh yes and lets not forget that I have to share my PH system with HC's who will take a job off the system and a flagger at the same time, dropping the flagger off and then going to do the job they have been given off the system. The customers waited forever for their car and doesn't want to ring us up again the HC doesn't give a sh*t cos they can take work of the road if things get bad on the system.


You mean HC's often do radio circuit work, PH style, when it's quiet on the street?

Are you seriously suggesting HC drivers cherry pick, Toots?

Surely not! :mrgreen:


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PostPosted: Fri Oct 02, 2009 8:42 pm 
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Saltmarket wrote:
toots wrote:
Quote:
Fair competition isn’t a problem; ‘Skull & Crossbones’ is. I previously wrote; 'Those that do the job totally legally, & there’s a good 4 or 5% that do, I take my hat off to them & good luck to them.'


Whilst I don't agree with 'pirating' PH are not the only ones who obtain fares illegally. As we are all aware HC are not supposed to rank up anywhere other than on the ranks provided by the council. I am fed up to the back teeth of going to pubs, clubs and restuarants to get customers that have phoned for a PH only to find I can't get remotely close enough to pick up my customers for HC's ranked up outside them. Oh yes and lets not forget that I have to share my PH system with HC's who will take a job off the system and a flagger at the same time, dropping the flagger off and then going to do the job they have been given off the system. The customers waited forever for their car and doesn't want to ring us up again the HC doesn't give a sh*t cos they can take work of the road if things get bad on the system.


You mean HC's often do radio circuit work, PH style, when it's quiet on the street?

Are you seriously suggesting HC drivers cherry pick, Toots?

Surely not! :mrgreen:


The HC we have on our system make up approx a third of our vehicles, they pay less settle than we do and the reason they are on the system apparently is to cover the WAV work for the hospital contract. All sounds ok doesn't it, but, half the HC on the system have opted out of contract work. Do I think they cherry pick? No I don't think at all I know they do

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PostPosted: Fri Oct 02, 2009 8:44 pm 
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Any of ours who cherry pick can expect to spend a few days finding out how busy the ranks are. Press the button, do the job!


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