Taxi Driver Online

Private-Hire driver fined for illegal pick up


A private-hire driver has been fined £1,000 after illegally picking up two undercover police officers in Watford.

On February 11 last year Zahoor Iqbal of St Paul’s Road, Hemel Hempstead, agreed to carry the officers from the flyover beside Wilmington Crescent to Woodside. He claimed to have picked up the officers by mistake, saying that he had another booking from the same area at the same time to the same destination.

At Watford Magistrates Court on Thursday the prosecution claimed Iqbal booked the job himself using his in-car radio – which is not allowed under legislation covering private hire vehicles.

Carrying any passenger who has not been booked also invalidates the vehicle insurance putting other road users as well as passengers at risk.

On the night he was stopped Iqbal received a fixed penalty notice fine for driving with insufficient insurance before having his vehicle seized by Hertfordshire Police.

The fixed penalty notice carries a fine of £200 and six penalty points.

He was found guilty of plying for hire, fined £1,000 and ordered to pay costs of £1,000 and a victim surcharge of £15.

source: http://www.watfordobserver.co.uk/news/9 ... l_pick_up/

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Really?

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IDFIMH

theres a court case isnt there?

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

There is indeed, but I think the judge got it wrong.

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IDFIMH

Ahh......you got your promotion to Attorney General then?

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

From memory, and I can't even remember the name of the case, the driver was charged with plying, and the judge said the fact of when he called the job in was irrelevant.

In the case at hand the driver was charged with illegally picking up. So the call in could have been legal.

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IDFIMH

Chorley vs Thomas?

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

i thought the critical wording was "pre-booked" even though theres no definition of any time period, certainly the op should have punters details and time of booking

im OK, im the op....lol

here mate, book by text now....beeep......job done....

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Of all the things ive lost, i miss my mind the most

I think providing the driver 'distances' himself from the booking he cannot be treated as 'plying for hire'. He cannot make the booking via radio/XDA or indeed his phone as this implicates him within the booking.

Having said that, who can define 'plying for hire' a century and a half of court cases can't!

That's what I think, and it would have been good if the judge at the trial the Captain mentioned had clarified mattered.

But he didn't.

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IDFIMH

I was approached when dropping at BHX, i gave the bloke my card, he rang my landline which was on divert to my mobile, i had only gone round the corner and waited, then i went back for him....



Vorsprung Durch Tecknik

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Of all the things ive lost, i miss my mind the most

Ask that question to TFL (Here's one I prepared earlier)
Dear sir or madam

I am sure that you are aware of the recent court case Stockton V Fidler the questions posed for the court as below;



1. Is an offence committed under section 46(1)(e) of the Local Government (Miscellaneous Provisions) Act 1976 when a hackney carriage is operated on journeys booked and wholly contained within the area of one licensing authority when the relevant licence has been issued by a different licensing authority?

2. Is it an offence under section 45 of the Town Police clauses Act 1847 (as amended) for a hackney carriage licensed in one area to stand or ply for hire in another area where no licence has been issued to the driver or the vehicle by the licensing authority in that area?"

The answer to 1. being NO and 2. being YES.





In laymans terms the ruling means a hackney carriage can undertake pre-booked jobs anywhere in the country

In light of the above and a recent scenario that happened to me I would be grateful for your advice (I have already sought such advice from Manchester Licensing but as the scenario occurred outside their Licensing area they referred me to yourselves)
I am a Licensed Manchester Black Cab driver; I go to London quite regularly and occasionally wait in the cab (with the hire sign off) while my better half goes shopping, often I am approached by persons looking to hire the taxi which I politely decline. However recently I was asked if I would be available in 5 minutes time as they had to collect a tv at the store I was outside, again I declined however it got me thinking that; Would this be a pre-booking?

I would just need to take the name of the passenger and as a hackney carriage driver can undertake and accept a pre-booked job anywhere in the country would I be guilty of any offence?

Further what if the passenger had asked for the taxi in one minute or even 30 seconds time?

As I do not wish to commit any offences I would be grateful for your position.

Kind Regards

Thank you for your e-mail regarding using your taxi in London.
I am aware of the case of Stockton v Fidler but that case was considered under legislation that does not cover London. Taxi and private hire services in London are governed by separate legislation that would make the activity you have suggested illegal.

Firstly, only taxis licensed by TfL under the London Hackney Carriages Acts are allowed to ply for hire in London. From the description of the activity you describe it could very easily be argued that you were plying for hire.

Secondly, it is illegal to accept a private hire booking in London unless you are licensed as a London private hire operator. Moreover, licensed operators are only allowed to accept bookings at premises specified on their licence. The Private Hire Vehicles (London) Act 1998 refers.

Under the circumstances you cannot ply for hire or accept bookings in London. I hope that this addresses your query in sufficient detail but if you need more information please get back to me.
Regards
Simon Buggey
Driver and Operator Policy Manager
London Taxi and Private Hire
Transport for London
4th Floor - Yellow Zone
Palestra
197 Blackfriars Road
London SE1 8NJ

You are plying for hire. Despite what Mr Button says, it is the exhibition of the vehicle without a prior booking that is the plying for hire. No-one has ever been found not-guilty at the High Court after exhibiting the vehicle (on a street, within the meaning of the Act)
Newman v Vincent 1962 still applies 40 years later, Eastborne v Stirling 2000
"On 29 May he asked Mr Morley if he had a booking and when, Mr Morley gave a negative answer, told Mr Morley that he was plying for hire"
As you can see Mr Morley did not, and was not even asked to take a hiring yet was guilty of plying for hire.

here we get PH from out of the district doing fares wholly within our district and they are all booked "on the spot" because the police move local hackneys on allowing the out of town PH to illegaLLY rank up

But as out LO points out they have never caught them doing it therefore the problem doesn't exist !

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lack of modern legislation is the iceberg sinking the titanic of the transport sector