Taxi Driver Online

Well you may be correct Wharfy, but my understanding is that if challenged in court then only an independent survey was sufficient.

Dusty

maybe we will never know, the argument is symantic.

Wharfie

Yes, the main provisions of the DDA (which come into force next year, I believe) cover access to buildings and services etc.

However, the specific taxi provisions have of course never been implemented, and there is no definitive advice as to when or if they will be implemented as far as I know.

And, of course, PH were always specifically excluded as far as wheelchair accessibility is required.

As for guidance from central government, the salient point is presumably the difference between guidance on voluntary measures (ie the current local transport plans?) and mandatory measures (ie the DDA if and when it is implemented).

Dusty

Well I daresay that there's a case that says outlines whether they are required or not, ie a legal precedent on whether surveys are compulsory.

I don't have access to the detailed case law, but I know a man who does

Dusty

Well there has been advice of course but the government has not approved it, as the advice as I understand it is not one that lti or metrocab can coipe with, again as I understand it only the merc conversion can comply fully.

having a rank full of mercs reduces the number of cabs that can go on them, frightfull isnt it?

we are chasing our tails, in the meantime some stupid las are insisting on purpose built cabs?

I doubt if we will see all accessible cabs in my lifetime, but I will do my bit!

Wharfie

no honestly there isnt and when it comes down to it what qualificatins do these people have?

let me tell you what happens they get a load of kids to record movements
then come out with reports on sudden unmet demand and the like

they for whatever reason study only ranks, though that tells a lot its not the whole story.

in our ward the report mentioned taxis that should not have been there! yes they should they were all licensed to be there!

but they dazzle courts with technicality they are no match for the likes of those who think premiums are there to keep driver wages up!

Wharfie

From my experience of correspondence with the DOT, it can be read many ways, and each way is usually interpreted how we each want it to be interpreted.

I would be amazed if the DOT, at this stage, said anything bar bland bleeding obvious statements.

I have never seen your Halcrow report Wharfy, but I suspect it says something like;

1. We have found no evidence of Significant Unmet Demand.
2. However we have found a lack of WAVs.
3. If the council doesn't issue any new HC plates, then they must survey in 3/4/5 years.
4. However if the council was to issue say 5 plates a year, then they would be able to defend the limit for a longer period.
5. Therefore we offer the option of issuing 5 new HC plates per year, on the basis of them being made to be WAVs.

That in my opinion, is why they successfully defended their position in the courts.

I'm not sure that any court would take any evidence other than a Demand Report.

I would say that many councils have had to either issue bundles of plates, or delimit, because they didn't have independent evidence.

I would also say that Cities that don't survey, yet still keep their limit, are run by HC unions that wish to keep their premiums, and PH operators who wish to keep their PH drivers, PH drivers.

The problem with a council doing it's own survey, is that if a driver applies for a HC vehicle license, when the council decides it is then making a licensing decision (quasi judicial), and judging on it's own evidence.

In my opinion, bound to failure on appeal.

But bearing in mind it's the trade that pays for surveys, why wouldn't a council wish to be safe from any hassle. Most councils that I know, thrive on being able to say "nothing to do with me guv".

Andy.
you are correct in 1,2,3,and 5

predictable arnet they?

Wharfie

Well case law on surveys is a little thin, cos they don't usually question the findings of a survey, just a council's decision to de-limit following a survey.

In the Bunch case down in Brighton many moons ago, the judge noted approval of surveys. Since then judges seem to take surveys as being the only proper way of assessing demand. This view is shared (I believe) by NATPHLEO and the top notch Taxi legal eagles.

Including me.

well, courts like expert witnesses dont they?

hardly what I am arguing, but I think you are correct.

Wharfie

I'm a little bit gutted I didn't get 5 out of 5.

well daady judgement said they have to give thier reasoning didnt it?

so you will be right again I was going from what the law said!

Wharfie