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PHV plying beside taxis
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=20510		 Page 1 of 1
Author:  grumpy [ Tue Oct 23, 2012 8:17 pm ]
Post subject:  PHV plying beside taxis
Poser from a Falkirk driver. There is a blind eye being cast towards the private hire cars that "rank" alongside licenced taxis in the retail park. There is no rank as such, a unused bus stop serves as one. This is in full view of the public and it is a feeder for the freephone in the supermarket round the corner from it's location. He has forwarded photos to the enforcement officer and followed it up by email. His reply was it's not a taxi rank, and the driver is assuming no action will be taken. So do we, in Scotland, have in the CGSA 1982 or by case law have a ruling whereby PHV cannot, even on private ground, be seen to appear to be available for immediate hire (similar to various instances on here from Englandshire)?

I know given time and sobriety I will find the answer myself, maybe. But vodka and stella (the evil twins) have stolen most of my capabilities. Still a phone call for assistance is a mild distraction from their full bodied temptations.

Any help (not with the twins) appreciated.
Author:  Sussex [ Tue Oct 23, 2012 9:08 pm ]
Post subject:  Re: PHV plying beside taxis
I don't know that much about Scots licensing law, but surely PH vehicles have to sit somewhere.

Therefore they will always be in full view of the public unless there is a secret hole somewhere.

If however they are illegally picking up without a booking, then I'm sure there will be a law against that.
Author:  grumpy [ Tue Oct 23, 2012 9:25 pm ]
Post subject:  Re: PHV plying beside taxis
I suppose they do. But by sitting along with the taxis they are further blurring the lines between the two disiplines. Both types are saloons (predominately Skodas) How are the public going to tell who they approach? Whether there or later in the town centre.
Author:  bloodnock [ Tue Oct 23, 2012 10:00 pm ]
Post subject:  Re: PHV plying beside taxis
grumpy wrote:
I suppose they do. But by sitting along with the taxis they are further blurring the lines between the two disiplines. Both types are saloons (predominately Skodas) How are the public going to tell who they approach? Whether there or later in the town centre.


Maybe the Clue will be in the form of a Big illuminated sign on top saying TAXI..that'll clinch it for most.
Author:  sasha [ Wed Oct 24, 2012 3:55 pm ]
Post subject:  Re: PHV plying beside taxis
Three things to consider ; Forming illegal ranks, touting, illegal plying for hire.

Can PH form ranks, does it apply on private land ?
Are they approaching the public asking if they want a ride ?
Are they taking work without bookings ?

I don't think any of the above applies although the council may have a bylaw stating PH must not park within a certain distance of shops/pubs etc. or that they should return to base when not hired.
Author:  United Taxis 11 [ Sat Nov 03, 2012 5:05 pm ]
Post subject:  Re: PHV plying beside taxis
sasha wrote:
Three things to consider ; Forming illegal ranks, touting, illegal plying for hire.

Can PH form ranks, does it apply on private land ?
Are they approaching the public asking if they want a ride ?
Are they taking work without bookings ?

I don't think any of the above applies although the council may have a bylaw stating PH must not park within a certain distance of shops/pubs etc. or that they should return to base when not hired.
that doesent apply here we can sit any where, and that is just a stupid idea returning to base if i get a hire into Glasgow i have to drive 15 miles back to base :?:
Author:  gusmac [ Sat Nov 03, 2012 5:17 pm ]
Post subject:  Re: PHV plying beside taxis
United Taxis 11 wrote:
sasha wrote:
Three things to consider ; Forming illegal ranks, touting, illegal plying for hire.

Can PH form ranks, does it apply on private land ?
Are they approaching the public asking if they want a ride ?
Are they taking work without bookings ?

I don't think any of the above applies although the council may have a bylaw stating PH must not park within a certain distance of shops/pubs etc. or that they should return to base when not hired.
that doesent apply here we can sit any where, and that is just a stupid idea returning to base if i get a hire into Glasgow i have to drive 15 miles back to base :?:


Stupid or not, you can't just sit anywhere.

    CGSA 1982
    Offences

    21(1) If any person -

    (a) operates, or permits the operation of, a taxi within an area in respect of which its operation requires to be but is not licensed or the driver
    requires to be but is not licensed; or
    (b) picks up passengers in, or permits passengers to be picked up by, a
    private hire car within an area in respect of which its operation requires
    to be but is not licensed or the driver requires to be but is not licensed, that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £2,500.
    (2) Subsection (1) above does not apply to the operation of a taxi or private hire car within an area in respect of which its operation or its driver is not licensed if the request for its hiring was received by its driver (otherwise than in a public place from the person to be conveyed in it, or a person acting on his behalf, for a journey beginning there and then) whilst -
    (a) in the area or in that part thereof in respect of which its operation and
    its driver are licensed;
    (b) engaged on hire on a journey which began in that area or part or will
    end there; or
    (c) returning to that area or part immediately following completion of a
    journey on hire.


You don't have to return to base but you do have to return to your licensed area.
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