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IS IT UNLWAFUL TO USE THE WORD "TAXI" ?
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Author:  harvey [ Fri Jul 16, 2010 12:30 pm ]
Post subject:  IS IT UNLWAFUL TO USE THE WORD "TAXI" ?
I'm new to the Private hire game and was wondering if anyone out there can clarify why is it it unlawful for a PH Operator to use the 'Taxi'?
As most town based operators find it easier to have booking staff standing at the door to take note of customer details and allocate drivers quickly, we have just had high visibility vests made up for staff members to wear saying "TAXI BOOK HERE" on the back. I appreciate the vehicle can not use the word taxi on it as advertising but surely it can't be unlawful to use it on clothing when most companies use the word in internet advertisings.

Does anyone know the truth as my licensing office expect me to stop using these vests but won't say how its unlawful or which rule we're breaking. :sad:
Author:  GBC [ Fri Jul 16, 2010 12:52 pm ]
Post subject: 
To have people standing outside clubs with yellow jackets on saying 'book here' - That's touting, plain and simple.

As for the word Taxi . . well that's simple as well, you're NOT a taxi firm so why use the word?

FFS, did you work in the London Minicab trade by some chance?
Author:  harvey [ Fri Jul 16, 2010 1:10 pm ]
Post subject: 
sorry, the staff are standing at the door of our offices. The reason i question the usage of the word is because if you do a google search for taxi service you will get private hire firms not hackney drivers, so if its acceptable to link your company to this word, why is it unlawful to use this word?
Author:  grandad [ Fri Jul 16, 2010 1:43 pm ]
Post subject: 
What is your company name? Why didn't you use that name on the jackets?
If your licensing officer tells you to stop using the word taxi and you think they are wrong, just keep doing it and eventually you will find out in the courts.
Author:  GBC [ Fri Jul 16, 2010 2:20 pm ]
Post subject: 
harvey wrote:
sorry, the staff are standing at the door of our offices. The reason i question the usage of the word is because if you do a google search for taxi service you will get private hire firms not hackney drivers, so if its acceptable to link your company to this word, why is it unlawful to use this word?




Its not acceptable, it's just that LA's won't enforce cyber world adverts, we have a big problem in London with Minicab companies trying to use the good name of the real London Taxi trade in an attempt to fool passengers into thinking they are getting a Taxi, not a beat up 10 year old Astra with a driver who can hardly speak in English, let alone know where he is going.

Your staff are physicaly there and present, they can be reported.

I'm still asking why you need to use the word TAXI when you're clearly not a taxi firm, and why the need for yellow jackets when you have an office there anyway.

Put a bigger sign above the door if you want to advertise.
Author:  harvey [ Fri Jul 16, 2010 2:23 pm ]
Post subject: 
We've got an id pocket on the front showing the company name, logo, staff picture & opertor number, thought these words along with the hi vis vests would be a better attraction for possible customers.
Its very tempting to just wear them anyways but thought being a new company it would be better not to wind up the licensing office. But by seeing their attitude towards such simple questions its turning out to be quite amusing. They've told us its their legal advisors who have said so, but even they aren't answering me why. Its almost as though they honestly beleive themselves to be above questioning by mere mortals and we should just get on our knees and bow our heads to their greatness. But I'm pretty certain its our taxes and yearly fees that keep them in a job. :D

Has anyone go a simple legal explanation to why the word 'Taxi' can be so unlawful????? :roll:
Author:  christopherwk [ Fri Jul 16, 2010 2:50 pm ]
Post subject: 
I'm sure all of us on here know that a TAXI can ply for hire and be flagged down in the street, whereas a private hire vehicle can only be booked.

However, as most of us are aware, the general public don't know the difference between "taxi" and "private hire", they just want a car service to get them wherever they have to get to, and not worried about what it's called.

Unfortunately I get it all the time, someone gets into the back of my car (at the airport), they're on the phone talking to whoever, "Hi, I've just arrived, I just got into my TAXI on my way home/hotel...I should be xx minutes" I'm not going to butt into their phone conversation, explaining you're not in a taxi, but a private hire vehicle. Or should I?! :?:

Furthermore, I sold a car recently, and because of the high mileage, I am often asked, has it been used as a taxi. Strictly speaking, no, but it's still used to carry people about as hire and reward, and I'd rather not be explaining that it hasn't been used as a taxi but as a private hire vehicle, which in the potential buyer's eyes, is probably the same thing.

Also the average person who doesn't know, looking for a car service online, say from Gatwick airport, are more likely to put into Google "gatwick taxi" rather than "gatwick private hire".
Author:  harvey [ Fri Jul 16, 2010 2:58 pm ]
Post subject: 
The word 'Taxi' is more widely used than 'Minicab' and is generally more recognised outside London. I apprecite the whole issue with illegal cars & legal cars touting for business and wish it all got sorted by the the right people who have been hired to do so and who are earning a good salary to do so, but in a climate when i see hackney drivers parking up NOT on designated ranks and therefore also touting for trade where and when will the issue be resolved with whats right and wrong. In our town alot of large drinking venues have closed down due to the economy but the amount of hackney and privte drivers hasn't so they all need money with bills to pay. I'm trying to safegaurd my business legally and just want legal clarification to whether what I'm doing is right or wrong and i will follow the law to the letter.
Author:  deltastaff [ Fri Jul 16, 2010 4:34 pm ]
Post subject: 
Hello Harvey. You cannot use the word taxi on a vehicle but you are fine to use the word elsewhere. See below a copy of an adjudication dealt with by the Advertising Standards Authority...

ASA Adjudications
K2 Contract Hire
2 Academy Street
Edinburgh
EH6 7F



Number of complaints: 1
Date: 29 November 2006
Media: Radio
Sector: Business







Ad
A radio ad, for K2 Contract Hire, a private car hire company, stated " ... need a four-, six- or eight-seater taxi in a hurry? ... want to save 20% off the metered fare ... ".

Issue
A listener objected that the use of the term "taxi" misleadingly implied that the company operated a hackney cab service.




BCAP Radio Advertising Code: 2 - 3


Response
Radio Forth explained that the campaign had lasted for four weeks and that the station had received a couple of phone calls expressing the view that the use of the word "taxi" was misleading. They believed the word "taxi" was not misleading and provided a photocopy of a page out of Edinburgh's Yellow Pages that showed the use of word "taxi" for private car hire firms was common.

Assessment
Not upheld
The ASA noted the ad stated "... need a four-, six- or eight-seater taxi in a hurry?" and considered that it was generally known that hackney cabs could accept a maximum of five passengers only. We understood, from an Office of Fair Trading report, that the licensed taxi and private hire vehicle market was highly regulated at local level and that licensed taxis were allowed to ply for hire on the street, or at ranks, whereas private hire vehicles were not. We concluded that the word "taxi" was considered by the general public to be a generic term for a hired vehicle and that, because the ad made no reference to the specific licensed taxi privilege of ply for hire, the ad did not mislead.

We investigated the ad under CAP (Broadcast) Radio Advertising Standards Code section 2 rule 3 (Misleadingness) but did not find it in breach.

Action
No further action necessary.

We run a private hire only company called DELTA TAXIS. This year we won the Sefton Chamber of Commerce business awards for MARKETING AND ADVERTISING, and at all times we have promoted our company name, which includes the word TAXI.

One two occasions, local hackney carriage representatives have complained to the advertising standards authority for our use of the word TAXI and on both occasions the authority rejected their complaint. In fact, things worked the other way when one of our local competitors, a private hire company that charges higher fares than us, put an advert out that said CHEAPER THAN ANY OTHER TAXIS. They tried to defend this claim by suggesting that Delta was not a taxi firm. We filed a complaint with the A.S.A. and they forced the firm to remove its advert as it was deemed to be misleading the public.
Author:  captain cab [ Fri Jul 16, 2010 4:48 pm ]
Post subject: 
http://taxi-driver.co.uk/phpBB2/viewtopic.php?t=11958&highlight=burnley

CC
Author:  GBC [ Fri Jul 16, 2010 6:03 pm ]
Post subject: 
deltastaff wrote:
Hello Harvey. You cannot use the word taxi on a vehicle but you are fine to use the word elsewhere.


Just as well you're not in London then.

Luckily we have specific legislation that bars the use of the word TAXI by wanabee London 'taxee' firms.

Taxi means just that in the capital, a Taxi.
Author:  harvey [ Fri Jul 16, 2010 6:14 pm ]
Post subject: 
THANK YOU, finally someone who understands!!

Our LA only mentions the usage of the word 'Taxi' in the following condition :
Private Hire Vehicles Conditions,
Section 11 Signs/Notices/Advertisements etc
Part H No such sign shall include the words “TAXI” or “CAB” whether in the singular or plural or the words “FOR HIRE” or any other word or words of similar meaning or appearance likely to cause a person to believe the vehicle is a hackney carriage or is presently available to carry any passengers wishing to hire it.

My question to my LA is, how can that relate to items of clothing and can they clarify their refusal? Guess what, a week later still no reply :roll:
Author:  harvey [ Fri Jul 16, 2010 6:37 pm ]
Post subject: 
GBC

Would you happen to know where this london based law is? I totally appreciate the problems you hackney drivers have in the capital but i also feel sorry for all the legal PH operators. I left london in 2003 after living in it for 11 yrs and the issue of illegal plying for trade was an issue back then and I'm shocked to hear how bad its been allowed to get. As its our capital i would have thought it would have set the standard for all LA's to follow, I guess not :cry:

I just wished our LA could see the bigger picture of how open clarification is needed by those in charge, then steps to govern and maintain such rules. I want to be lawful with all my actions.
Author:  grandad [ Fri Jul 16, 2010 7:07 pm ]
Post subject: 
Is it lawfull for the bookings to be taken on the street? I thought that had to be taken in the booking office.
Author:  harvey [ Fri Jul 16, 2010 7:26 pm ]
Post subject: 
:D Yes you can book on the street as long as you can demonstrate to the licensing office how all the relevant information that they set out in their terms & conditions will be recorded and archived.

Which we have done so !! \:D/
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