Sussex wrote:
silvercab wrote:
That is how I took the law to be too, but that's not the way the Law Commission presented it in CP203 page 185 14.89
Maybe they got it wrong.
I think advertising on vehicles is a licensing issue, however advertising on a poster or the net is (if false) a trading standards issue.
Maybe they applied the definitions of both vehicles and came to their conclusion that to advertise one as the other is false advertising, therefore prohibited, I asked the Dept of Transport for the definitions and was given the following by Pippa Brown ,
"...Your subsequent e-mail of 31 August asked for the legal definition of a “taxi”; this has also been passed to me. A taxi is a vehicle licensed under section 37 of the Town Police Clauses Act 1847 or section 6 of the Metropolitan Public Carriage Act 1869 both these Acts refer exclusively to Hackney Carriages, in summary a taxi is a hackney carriage.
The Local Government (Miscellaneous Provisions) Act 1976 defines a private hire vehicle as “a motor vehicle constructed or adapted to seat fewer than nine passengers,
other than a hackney carriage”
In the circumstances, you might find it helpful to draw your concerns to the attention of your local trading standards officers."
Trading Standards being part of Council services tend to follow whatever their Licensing colleagues allow and in Manchester, Licensing allow the following;
"Advertising other than on private hire vehicles - no notice, sign or advertisement seeking to advertise or promote the business of a private hire operator wherever it is displayed shall consist of or include the words TAXI or CAB, whether in the singular or plural, or any words or devices which give any indication that the service to which the notice, sign or advertisement relates is that which can only be provided by a licensed Hackney Carriage unless the words PRIVATE HIRE are also displayed with equal prominence"
The words "unless the words PRIVATE HIRE are also displayed with equal prominence" seem to have been added to the paragraph at some point because the wording of the sentence does not make sense.
As already stated Trading Standards being part of Council services tend to follow whatever their Licensing colleagues allow, so unpredictably in Manchester they opted to do nothing, but have they elsewhere, or perhaps the Advertising Standards Authority have acted leading to Arrow's removal of "Taxi" from their website?
Local knowledge required or perhaps Mr CWright can inform us