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Bailiffs called in as Lancs PHD makes stand on bus lane fine
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Author:  StuartW [ Thu Feb 28, 2019 8:38 pm ]
Post subject:  Bailiffs called in as Lancs PHD makes stand on bus lane fine
This article really helps to clarify the matter. Not. :roll:

Taxi driver hits out after receiving fine for using Fishergate bus lane - even though the sign says taxis are allowed

https://www.lep.co.uk/your-lancashire/p ... -1-9621916

Image
Image: Lancashire Post

A taxi driver is taking on Lancashire County Council after being fined for driving along Fishergate’s bus lane - even though the signs say taxis can.

Stephen Parkinson was taking a passenger home from Preston city centre when his private hire Kia Seat Estate was caught on the bus lane camera at 2.38pm on February 6.

Although the bus lane signs say taxis are allowed to use the lanes, Mr Parkinson said he has been told that this only applies to hackney carriages, also known as black cabs.

He must now pay £30 or face the fine rising to £90. If this is not paid within 28 days, then it becomes a civil legal matter.

Mr Parkinson, 54, of Freckleton, said: “The signage is not clear enough if that’s the case.

“I’m hoping to take this to the point where I get an independent adjudicator, because I won’t back down.

“I feel like it’s entrapment, it’s a money-making scheme, and I’m determined to take this up.

“They are stopping me taking up my duty as a private hire taxi driver. Why should it be any different for black cabs? It’s discrimination.

“I take a lot of older, frail people into town, or pick them up from the Post Office, and it’s easier for a lot of them to get in and out of a private hire vehicle.”

Image
Image: Lancashire Post

The council introduced the fines in autumn 2016 as part of the shared space makeover of Fishergate. No cars are allowed down between 11am to 6pm each day.

A Lancashire County Council spokesman said: “Department for Transport guidelines allow for the use of signs which specify exemptions for taxis.

“The drivers of these vehicles should be aware that there is a difference between the licences and regulations which apply to private hire vehicles and taxis.”
Author:  edders23 [ Thu Feb 28, 2019 8:40 pm ]
Post subject:  Re: Lancashire PHD slams confusing 'taxi' bus lane exemption
Quote:
Stephen Parkinson was taking a passenger home from Preston city centre when his private hire Kia Seat Estate was caught on the bus lane camera at 2.38pm on February 6.


is a Private hire a taxi [-X [-X [-X
Author:  StuartW [ Thu Feb 28, 2019 8:41 pm ]
Post subject:  Re: Lancashire PHD slams confusing 'taxi' bus lane exemption
Quote:
A Lancashire County Council spokesman said: “Department for Transport guidelines allow for the use of signs which specify exemptions for taxis.

“The drivers of these vehicles should be aware that there is a difference between the licences and regulations which apply to private hire vehicles and taxis.”


As per last time there was an article about this issue, just knew that the council in question would use the word 'taxi' to mean both HCs and PHVs.

https://www.preston.gov.uk/businesses/l ... -licences/

To be fair, though, you'd think the driver would know that the 'taxi' exemption only applies to HCs, because he doesn't seem the wet behind the ears type.

Maybe just trying to make a thing of it to get PHVs in the bus lanes.
Author:  StuartW [ Thu Feb 28, 2019 8:42 pm ]
Post subject:  Re: Lancashire PHD slams confusing 'taxi' bus lane exemption
edders23 wrote:
Quote:
Stephen Parkinson was taking a passenger home from Preston city centre when his private hire Kia Seat Estate was caught on the bus lane camera at 2.38pm on February 6.


is a Private hire a taxi [-X [-X [-X


It is, according to Preston City Council :shock:

https://www.preston.gov.uk/businesses/l ... -licences/
Author:  Chris the Fish [ Thu Feb 28, 2019 8:46 pm ]
Post subject:  Re: Lancashire PHD slams confusing 'taxi' bus lane exemption
StuartW wrote:
It is, according to Preston City Council :shock:

https://www.preston.gov.uk/businesses/l ... -licences/


It isn't according to the DfT.
Author:  StuartW [ Thu Feb 28, 2019 8:55 pm ]
Post subject:  Re: Lancashire PHD slams confusing 'taxi' bus lane exemption
Chris the Fish wrote:
StuartW wrote:
It is, according to Preston City Council :shock:

https://www.preston.gov.uk/businesses/l ... -licences/


It isn't according to the DfT.


Certainly quite common for LAs to use the word 'taxi' to mean both HCs and PHVs, which I suppose is at least consistent with the everyday meaning:

https://www.westsuffolk.gov.uk/Business ... /index.cfm
Author:  Sussex [ Thu Feb 28, 2019 9:01 pm ]
Post subject:  Re: Lancashire PHD slams confusing 'taxi' bus lane exemption
Quote:
A Lancashire County Council spokesman said: “Department for Transport guidelines allow for the use of signs which specify exemptions for taxis.

Indeed, but the traffic order can, and in many cases does, define the meaning of 'taxi' as being, for this order, for taxis licensed under the 1847 act, and PH licensed under the 1976 act.

Very simple really.
Author:  Sussex [ Thu Feb 28, 2019 9:02 pm ]
Post subject:  Re: Lancashire PHD slams confusing 'taxi' bus lane exemption
Quote:
“The signage is not clear enough if that’s the case.

“I’m hoping to take this to the point where I get an independent adjudicator, because I won’t back down.

“I feel like it’s entrapment, it’s a money-making scheme, and I’m determined to take this up.

“They are stopping me taking up my duty as a private hire taxi driver. Why should it be any different for black cabs? It’s discrimination.

“I take a lot of older, frail people into town, or pick them up from the Post Office, and it’s easier for a lot of them to get in and out of a private hire vehicle.”

I agree with what the fella is saying.

However if the traffic order doesn't state PH he will lose.
Author:  edders23 [ Fri Mar 01, 2019 3:47 pm ]
Post subject:  Re: Lancashire PHD slams confusing 'taxi' bus lane exemption
In Preston all black cabs are Wav's and able to take wheelchair passengers so fair enough that they can use the bus lanes
Author:  StuartW [ Tue Mar 05, 2019 9:59 am ]
Post subject:  Re: Lancashire PHD slams confusing 'taxi' bus lane exemption
Was looking for a map showing the Eastbourne boundaries (couldn't find one), but noticed that Lewes and Eastbourne councils have a very messy joint website - presumably they're sharing some services to save money, but looks like licensing still totally separate.

Anyway, I see this joint website uses the word taxi to refer to both HCs and PHVs. Nothing particularly unusual about that, hence the confusion that often arises. But found this little gem:


Lewes and Eastbourne Borough Councils wrote:
Taxi operator licence

Operators are the people or companies who take the bookings. Operators sometimes have offices where a customer can go to book a journey, or they can be contacted by phone, email, website or through an app. A private hire vehicle can only be dispatched to a customer by a licensed private hire operator.

Operators are regulated under the Local Government (Miscellaneous Provisions) Act 1976.


Also the not unusual 'private hire taxi' clanger:

Lewes and Eastbourne Borough Councils wrote:
To operate a Private Hire taxi company you may need to apply for planning permission to make sure that, if your business is run from home, it will not cause nuisance or obstruction to your neighbours.
Author:  Sussex [ Tue Mar 05, 2019 8:16 pm ]
Post subject:  Re: Lancashire PHD slams confusing 'taxi' bus lane exemption
Quote:
but noticed that Lewes and Eastbourne councils have a very messy joint website - presumably they're sharing some services to save money, but looks like licensing still totally separate.

Different sets of licensing criteria, administered by the same team. #-o
Author:  StuartW [ Thu Apr 11, 2019 7:12 pm ]
Post subject:  Re: Lancashire PHD slams confusing 'taxi' bus lane exemption
As usual, article confuses the terminology rather than clarifies - presumably 'taxi boss' actually means PH boss :roll:

Bailiffs called in as taxi boss makes stand over £400 fine for using Preston bus lane

https://www.lep.co.uk/your-lancashire/p ... -1-9706465

Image
Image: Lancashire Evening Post

A taxi boss has been told to expect bailiffs in an ongoing battle over bus lane fines.

Stephen Jones, who runs HB Cabs in Blackgate Lane, Tarleton, is refusing to pay Lancashire County Council £400 on principle, because he believes signage in Fishergate, Preston, is misleading.

Signs displaying permitted users of the bus lane show a picture of a bicycle, bus and the word ‘taxi’.

Lancashire County Council has previously stated only Hackney carriages are allowed to use the bus lane, and it is the requirement of private hire vehicle drivers to know the difference.

Mr Jones, 61, said: “The sign says taxis, so of course drivers will go down there.

“How many have been affected by this? Especially those from out of town, taking people to the station.”

Mr Jones said his battle over fines has been ongoing for six months, with himself and his drivers caught on camera in the bus lane several times. His fines have been totalled up and increased for non-payment.

He added: “All they (LCC) have to do is change the sign to say Hackney only.

“It seems to me like it’s just another way of getting money into the council.

“Now I’m being told that bailiffs will come round to seize property, and what have I done?

“I’m making a stand over this.”

A spokesman for LCC said: “Department for Transport guidelines allow for the use of signs which specify exemptions for taxis.

“The drivers of these vehicles should be aware that there is a difference between the licences and regulations which apply to private hire vehicles and taxis.

“The bus lane was put in place as part of wider measures to improve traffic management in this area and we would be happy if we didn’t have to issue any penalty notices.”
Author:  edders23 [ Thu Apr 11, 2019 7:25 pm ]
Post subject:  Re: Bailiffs called in as Lancs PHD makes stand on bus lane
Quote:
Stephen Jones, who runs HB Cabs in Blackgate Lane, Tarleton,


so he's calling his pirate hire firm a cab firm which it ain't

Quote:
Mr Jones, 61, said: “The sign says taxis, so of course drivers will go down there.


Clearly Mr Jones needs educating as to the true meaning of the word taxi


I wonder if lancashire county council have a petition website if so perhaps we should start one calling for them to close this rogue trader down
Author:  roythebus [ Thu Apr 11, 2019 8:16 pm ]
Post subject:  Re: Bailiffs called in as Lancs PHD makes stand on bus lane
As others have said it depends on the wording of the Traffic Regulation Order. If it says "taxi" then it is a hack, regardless of the signage. the official meaning of the word "taxi" on the signs is covered in the Traffic Signs Regulations and General Directions order. In that, the word "taxi" means hackney carriage.

Has this chap not heard of the Addison Lee case in London where it went to the highest court in the land to let ph use London bus lanes? Addy Lee lost.

As an aside the word or picture "bus" means any vehicle with more than 8 passenger seats. Whether it is a psv or not is immaterial. A 12 seat Land rover is a bus. Unless of course the sign also has the word "local" under it, which means any bus used on a registered local or regular service.
Author:  Sussex [ Thu Apr 11, 2019 8:40 pm ]
Post subject:  Re: Bailiffs called in as Lancs PHD makes stand on bus lane
The council are right that the DfT only allows the term 'taxi' to be used on the signs.

However a traffic order can define 'taxi' in whatever way the council deem fit.

B&H's traffic orders define 'taxi' as a vehicle licensed under the 1847 act, and the 1976 act.

Which was great when Uber had their London minicabs working down here as they were licensed under neither of the above. :lol: :lol: :lol:
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