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| A Hackney Carriage, licensed in LA ‘Z’ picks up a hiring . . http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=13748 |
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| Author: | Brummie Cabbie [ Fri Mar 26, 2010 12:09 pm ] |
| Post subject: | A Hackney Carriage, licensed in LA ‘Z’ picks up a hiring . . |
A Hackney Carriage, licensed in LA ‘Z’ picks up a hiring, which is not pre-booked, on private land which is within LA ‘Q’ & which may or may not be governed by separate bye-laws, but in any case is DEFINITELY NOT a ‘street’ within the interpretation of The Town Police Clauses 1847 & takes the passengers to a destination within the licensed Hackney Carriage’s own LA, i.e. LA ‘Z’. QUESTION 1; Is it mandatory for the Hackney Carriage driver to charge as per the Table of Fares set by his own LA for this hiring? QUESTION 2; Is it mandatory for the Hackney Carriage driver to switch on the taximeter for this hiring? Please explain your reasoning for your answer. |
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| Author: | captain cab [ Fri Mar 26, 2010 4:00 pm ] |
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Depends how far away 'z' is? CC |
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| Author: | Doc G [ Fri Mar 26, 2010 8:29 pm ] |
| Post subject: | |
Q1: IMHO I think the answer is no (unfortunately) The “Hire” was not illegal, because ANY vehicle, Hackney, Private Hire, Ice cream van, your friendly local rapist etc, does not need a license to ply for hire, and gain work from, Private Land. The law stinks!eusasmiles.zip Q2: Again, I think the answer is no. The “Hire” was not illegal, and any driver would argue that the journey was in effect a private contract between them and the consumer – made outside of the rules laid down by the local authority. The fact that the journey terminates in LA “Z” becomes irrelevant therefore. I would like opinion on whether or not any of these activities invalidates insurance once they hit the public highway – any thoughts? |
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| Author: | Sussex [ Fri Mar 26, 2010 8:40 pm ] |
| Post subject: | Re: A Hackney Carriage, licensed in LA ‘Z’ picks up a hiring |
Brummie Cabbie wrote: QUESTION 1; Is it mandatory for the Hackney Carriage driver to charge as per the Table of Fares set by his own LA for this hiring?
QUESTION 2; Is it mandatory for the Hackney Carriage driver to switch on the taximeter for this hiring? Please explain your reasoning for your answer. Q1. No. The contract i.e. pick up took place outside of the area that he is licensed in, thus the council has no powers to control fares outside of their licensing district. The mere fact that pick up ended in his own licensing district is irrelevant IMO. Q2. No. See above. |
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| Author: | Sussex [ Fri Mar 26, 2010 8:41 pm ] |
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Doc G wrote: I would like opinion on whether or not any of these activities invalidates insurance once they hit the public highway – any thoughts?
Doubt it. |
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| Author: | Doc G [ Fri Mar 26, 2010 8:46 pm ] |
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What about anybody not insured for Hire and Reward then?? |
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| Author: | Sussex [ Fri Mar 26, 2010 9:06 pm ] |
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Doc G wrote: What about anybody not insured for Hire and Reward then??
I think the 'customers' will be insured, but the driver and vehicle wont be covered. |
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| Author: | Brummie Cabbie [ Sat Mar 27, 2010 3:18 am ] |
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captain cab wrote: Depends how far away 'z' is?
CC What's that got to do with the price of butter????? |
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| Author: | Brummie Cabbie [ Sat Mar 27, 2010 3:23 am ] |
| Post subject: | |
Doc G wrote: Q1: IMHO I think the answer is no (unfortunately) The “Hire” was not illegal, because ANY vehicle, Hackney, Private Hire, Ice cream van, your friendly local rapist etc, does not need a license to ply for hire, and gain work from, Private Land. The law stinks!eusasmiles.zip Q2: Again, I think the answer is no. The “Hire” was not illegal, and any driver would argue that the journey was in effect a private contract between them and the consumer – made outside of the rules laid down by the local authority. The fact that the journey terminates in LA “Z” becomes irrelevant therefore. I would like opinion on whether or not any of these activities invalidates insurance once they hit the public highway – any thoughts? AND Sussex wrote: Brummie Cabbie wrote: QUESTION 1; Is it mandatory for the Hackney Carriage driver to charge as per the Table of Fares set by his own LA for this hiring? QUESTION 2; Is it mandatory for the Hackney Carriage driver to switch on the taximeter for this hiring? Please explain your reasoning for your answer. Q1. No. The contract i.e. pick up took place outside of the area that he is licensed in, thus the council has no powers to control fares outside of their licensing district. The mere fact that pick up ended in his own licensing district is irrelevant IMO. Q2. No. See above. And that's exactly how I see it!!! But believe me, there are a multitude of various opinions on this, which is becoming an issue in a certain area near moi. |
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| Author: | captain cab [ Sat Mar 27, 2010 8:35 am ] |
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Brummie Cabbie wrote: captain cab wrote: Depends how far away 'z' is? CC What's that got to do with the price of butter????? If you'd ask a straightforward question the answer might be simpler. Some LA's have compellable areas
CC |
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| Author: | Brummie Cabbie [ Sat Mar 27, 2010 11:28 am ] |
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captain cab wrote: Brummie Cabbie wrote: captain cab wrote: Depends how far away 'z' is? CC What's that got to do with the price of butter????? If you'd ask a straightforward question the answer might be simpler. Some LA's have compellable areas CC That legally over-ride statute? |
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| Author: | captain cab [ Sat Mar 27, 2010 1:31 pm ] |
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You can't seem to get potatoes out of your mind BC It was an act of parliament I was on about. CC |
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| Author: | Brummie Cabbie [ Sat Mar 27, 2010 2:49 pm ] |
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captain cab wrote: You can't seem to get potatoes out of your mind BC
It was an act of parliament I was on about. CC Post edited; potatoes removed. Which one is it that allows a LA to compel a HC drivers to take hirings to destinations outside their LA, where they cannot work? |
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| Author: | captain cab [ Sat Mar 27, 2010 11:23 pm ] |
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I think the greater Manchester act 1981 had something in it in respect of a compellable area, but I might be wrong CC |
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| Author: | Brummie Cabbie [ Sun Mar 28, 2010 7:19 am ] |
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captain cab wrote: I think the greater Manchester act 1981 had something in it in respect of a compellable area, but I might be wrong
CC So it's not a national thing then? |
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