There will more than likely be a dawn takeover by the saloons, preventing the WAV'S USEING IT
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| Carlisle Magistrates rule Rank condition unlawful. http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=6199 |
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| Author: | JD [ Thu May 24, 2007 4:32 pm ] |
| Post subject: | Carlisle Magistrates rule Rank condition unlawful. |
Carlisle Councillors, the local Carlisle Taxi association and in particular Mr Wayne Casey of the National Taxi association got a lesson in law this afternoon when Carlisle magistrates deemed the condition prohibiting Saloon hackney carriages from standing on the busiest taxi rank in town, unlawful. The majority of the Carlisle Taxi trade can now enjoy what they have been prohibited from enjoying for the last 13 years, namely Court Square Taxi rank. It was suggested by some that it was lawful to positively discriminate in favour of wheelchair accessible vehicles, that opinion was rubished on this site and rightly so. I would just like to say that justice has now been done thanks to those people who have a track record of getting things done and I might add, getting things done sooner rather than later. I hope those Taxi drivers in Carlisle who have been excluded for so long realise who were the prime movers in getting them their legal rights. Regards JD |
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| Author: | skippy41 [ Thu May 24, 2007 8:14 pm ] |
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There will more than likely be a dawn takeover by the saloons, preventing the WAV'S USEING IT
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| Author: | JD [ Thu May 24, 2007 8:24 pm ] |
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skippy41 wrote: There will more than likely be a dawn takeover by the saloons, preventing the WAV'S USEING IT
I understand saloons are already using it, theres nothing the council can do about it. At least those jumped up councillors finally got the message. Well done to the guy who had the balls to take them to court. Regards JD |
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| Author: | jimbo [ Thu May 24, 2007 9:13 pm ] |
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A Phyrrric victory, if ever there was one. Just hastened the advent of 100% WAV in Carlisle. The guy who just "won" had better save up for his FX4. |
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| Author: | JD [ Thu May 24, 2007 9:35 pm ] |
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jimbo wrote: A Phyrrric victory, if ever there was one. Just hastened the advent of 100% WAV in Carlisle. The guy who just "won" had better save up for his FX4.
Considering Carlisle has already implemented a policy of wav only I think your a little behind the times with that idea. Nevertheless those who enjoy saloon grandfather rights will be more than happy having the illegal condition finally dispenced with. The guy you mentioned no doubt has a saloon and I'm sure he will be more than happy keeping his saloon until such time he needs to replace it. No doubt you prefer to see the illegal condition remain. Regards JD |
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| Author: | badger [ Fri May 25, 2007 12:52 am ] |
| Post subject: | Re: Carlisle Magistrates rule Rank condition unlawful. |
JD wrote: Carlisle Councillors, the local Carlisle Taxi association and in particular Mr Wayne Casey of the National Taxi association got a lesson in law this afternoon when Carlisle magistrates deemed the condition prohibiting Saloon hackney carriages from standing on the busiest taxi rank in town, unlawful. The majority of the Carlisle Taxi trade can now enjoy what they have been prohibited from enjoying for the last 13 years, namely Court Square Taxi rank. It was suggested by some that it was lawful to positively discriminate in favour of wheelchair accessible vehicles, that opinion was rubished on this site and rightly so. I would just like to say that justice has now been done thanks to those people who have a track record of getting things done and I might add, getting things done sooner rather than later. I hope those Taxi drivers in Carlisle who have been excluded for so long realise who were the prime movers in getting them their legal rights. Regards JD    
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| Author: | jimbo [ Fri May 25, 2007 11:22 am ] |
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JD wrote: jimbo wrote: A Phyrrric victory, if ever there was one. Just hastened the advent of 100% WAV in Carlisle. The guy who just "won" had better save up for his FX4. Considering Carlisle has already implemented a policy of wav only I think your a little behind the times with that idea. Nevertheless those who enjoy saloon grandfather rights will be more than happy having the illegal condition finally dispenced with. The guy you mentioned no doubt has a saloon and I'm sure he will be more than happy keeping his saloon until such time he needs to replace it. No doubt you prefer to see the illegal condition remain. Regards JD Why would I care one way or the other? I just see a hollow victory. I think that so called "Grandfather rights" should be outlawed. |
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| Author: | JD [ Fri May 25, 2007 11:30 am ] |
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jimbo wrote: JD wrote: jimbo wrote: A Phyrrric victory, if ever there was one. Just hastened the advent of 100% WAV in Carlisle. The guy who just "won" had better save up for his FX4. Considering Carlisle has already implemented a policy of wav only I think your a little behind the times with that idea. Nevertheless those who enjoy saloon grandfather rights will be more than happy having the illegal condition finally dispenced with. The guy you mentioned no doubt has a saloon and I'm sure he will be more than happy keeping his saloon until such time he needs to replace it. No doubt you prefer to see the illegal condition remain. Regards JD Why would I care one way or the other? I just see a hollow victory. I think that so called "Grandfather rights" should be outlawed. I doubt those who now have the benefit of using the busiest taxi rank in town would see it as a hollow victory, how would you like to be illegally excluded from picking up flaggers within 50 metres of a taxi rank? Considering you represent your local TOA I thought you might have been a little more considerate to those who have been illegally excluded for the last 13 years. Regards JD |
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| Author: | JD [ Fri May 25, 2007 11:43 am ] |
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jimbo wrote: I think that so called "Grandfather rights" should be outlawed.
I understand your reasoning on Grandfather Rights but there are some people and in particular from the Gateshead area that would no doubt put up a robust argument for retaining grandfather rights. However, how can you be against grandfather rights and not be against positive discrimination of excluding more than half the local Taxi trade from using the busiest taxi rank in Town? Are you searching for the word equality? Because that is what all this amounts to, whether it be grandfather rights appertaining to taxi vehicles or illegal exclusion from a Taxi rank they both have an air of inequality about them. Regards JD |
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| Author: | skippy41 [ Fri May 25, 2007 12:54 pm ] |
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JD why do Carlisle saloon cab drivers need to change to a wav, when on one of the threads on here, there was a link to the disability meeting in Europe, and they all agreed that there was no need for all cabs to be wav's, even LTI admitted that only a standard wheelchair could just about fits in any of there cabs and that if disabled people who where not in a wheelchair had extreme difficulty in getting in a wav Perhaps you could e mail the link to all concerned in Carlisle council, pointing out the error of there ways again. |
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| Author: | JD [ Fri May 25, 2007 2:30 pm ] |
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skippy41 wrote: JD why do Carlisle saloon cab drivers need to change to a wav, when on one of the threads on here, there was a link to the disability meeting in Europe, and they all agreed that there was no need for all cabs to be wav's, even LTI admitted that only a standard wheelchair could just about fits in any of there cabs and that if disabled people who where not in a wheelchair had extreme difficulty in getting in a wav Perhaps you could e mail the link to all concerned in Carlisle council, pointing out the error of there ways again.
The EU policy you mention is not yet official policy and to be honest it looks to me that any future directive from the EU will still leave scope for each Government to determine its own policy albeit based on the guidelines set out in any agreed EU policy on WAV provision. I have no doubt that should a local council apply an all wav condition in an area that is predominantly saloon vehicles that the courts would take a great deal of notice of official EU policy and best practice should the council decision be challenged. At the moment we have no way of knowing what the wording of the EU policy will entail therefore it would be premature for any Government or council to decide what type of vehicle should be excluded from being a Taxi? I think even now the revelations from this EU forum and their intentions in respect of WAV provision would make a very strong case against those licensing authorities that are blindly bulldozing through an all WAV policy. If I worked in such an authority and the council wanted all saloon vehicles to become wavs then I would certainly remind them of the latest report from the EU Transport forum. At this moment in time case law dictates that a council can basically do what they want in respect of vehicle conditions as long as they are reasonable. In light of this report it would appear that the word reasonable has taken on a whole new meaning in respect of mandatory wavs. In respect of Carlisle I was under the impression existing saloon owners didn't have to change to a WAV it is only new owners after August this year. However without looking at the minutes of the actual meeting I couldn't be 100% sure on the exact condition. Regards JD |
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| Author: | GA [ Fri May 25, 2007 5:31 pm ] |
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Was it not the Policy of Carlisle CC to allow saloons to be licensed as long as they understood they wouldn't have access to the station rank ........... unless they provided a WAV. Is it not now the case that Carlisle CC will now just say its WAV's only without the option for people to licence saloons, unless its for PH. BTW the chap who took it to court is obviously a saloon driver .............. how sweet will his victory be if the council state by 2010 all HC vehicles must be WAV and PCO approved ........... will he then start a fight against the council believing that he should be able to use whatever vehicle he likes and the needs of his customers should be considered after his own. Mr Casey, as far as I'm aware, wasn't all together bothered about the outcome of this case ........................ however much you seek to involve him in order to discredit both him personally and the NTA generally. However many knives get put into backs - I still stand for the truth and your witch-hunt against Wayne was out of order. B. Lucky
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| Author: | skippy41 [ Fri May 25, 2007 6:08 pm ] |
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From What I know, and have seen on my travels across Europe, we in the UK are the only ones who have to have wav's in one form or another. I have traveled most of the globe from the Canada down to Argentina, and parts of Asia, as well as Europe. What most places use is mini buss es for wav's but they wont be found on a rank. Berlin had a few TX2's but with all the problems they have had with them they kicked them into touch. even the Yanks have seen sense 
So not only are we being discriminated against we have to fork out a small fortune for the privilege, and untill we stand as one, the councils will keep on walking over us 
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| Author: | TDO [ Fri May 25, 2007 6:12 pm ] |
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Let's not forget that the basic design of the purpose built taxi was in place years before the issue of wheelchair accessible taxis arose - the thing about the UK is perhaps that there were already significant fleets of PB taxis that were readily convertible to be WAVs without major upheaval. If the UK had been saloon-only like the rest of the world then matters may well have taken a different course. |
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| Author: | skippy41 [ Fri May 25, 2007 6:32 pm ] |
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I agree in some respects TDO, but we all started with the horse and cart, then the model t ford, then came the taxi as we know it but it was only produced for London at the start, to give some work to the returning sqadies when they where demobbed by Mr Austin and Mr Morris |
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