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| parking victory for a Taxi driver http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=15625 |
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| Author: | Stationtone [ Mon Dec 20, 2010 11:58 am ] |
| Post subject: | parking victory for a Taxi driver |
There was an article in yesterdays Sunday Post reference a parking victory for a Taxi driver in which the judge agreed that Taxi drivers could stop on yellow lines to uplift fares without being booked. Does anyone know where to search to find the actual court judgment. Thanks Tone |
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| Author: | cabbyman [ Mon Dec 20, 2010 7:47 pm ] |
| Post subject: | |
Can you provide a link to the article as a starting point? |
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| Author: | Sussex [ Mon Dec 20, 2010 8:54 pm ] |
| Post subject: | Re: parking victory for a Taxi driver |
stationtone wrote: There was an article in yesterdays Sunday Post reference a parking victory for a Taxi driver in which the judge agreed that Taxi drivers could stop on yellow lines to uplift fares without being booked. Does anyone know where to search to find the actual court judgment. Thanks Tone
Down here it is fully accepted that taxi/PH can pick up and drop off on yellow lines. It is viewed as loading and unloading goods. |
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| Author: | Caledonian Cabbie [ Tue Dec 21, 2010 8:11 am ] |
| Post subject: | |
The particular case wasn't that clear cut. What happened was that a driver turned up for a pre-booked fare, it was a no-show, but while he was waiting he was picked up by a camera and ticketed. From the camera's point of view clearly the car had just parked for a while on double yellows, since a camera doesn't know the circumstances of it stopping there. The crux of the case seemed to be whether a driver could wait for a pre-booking rather than just be allowed to stop and pick up someone waiting. The relevant part of the report says: "The appellant successfully argued he only stopped to pick up and, through the course of legal argument, the judge ruled all taxi drivers can stop on double yellow lines to pick up hires. "The judge added that all taxi drivers should be allowed to wait for hires on double yellow lines for a reasonable amount of time, even if the passenger is not waiting by the kerb." Which is probably how most of us understand things anyway, but clealrly the difficult issue is what would amount to 'reasonable'. (The Sunday Post doesn't have much in the way of a website these days, so the story isn't online.) |
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| Author: | wannabeeahack [ Tue Dec 21, 2010 10:04 am ] |
| Post subject: | |
"parked" infers the driver switched his engine off and left it, what he did (it seems) was to "wait" on the yellows? |
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| Author: | cabby john [ Tue Dec 21, 2010 11:32 am ] |
| Post subject: | |
Is this Scottish or English law ? |
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| Author: | grumpy [ Tue Dec 21, 2010 1:06 pm ] |
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tried asking the question on "askthepolice" website. Their reply was to point me in the direction of this webpage, no not this one, this one............ http://www.direct.gov.uk/en/TravelAndTr ... /DG_069860 so did the judge (in this case) overrule a goverment directive? e-mail in full, Allan There is no exemption for taxis. Please see the following: http://www.direct.gov.uk/en/TravelAndTr ... /DG_069860 Please note: PNLD are providing a free service and as such we do not have the resources to research every email in depth. Whilst every effort is made to ensure that the information provided is correct, we cannot guarantee it, and we cannot accept any liability for any action taken as a result of the contents of this email and/or any attachments. This reply is intended as a guide only and the advice you are given is based on the information provided. You are advised to seek professional advice before any further action is taken. See the PNLD Terms and Conditions, and the disclaimer provided by West Yorkshire Police (a link to which can be found at the bottom of the page), for further information. Regards, PNLD |
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| Author: | cabbyman [ Tue Dec 21, 2010 7:06 pm ] |
| Post subject: | |
cabby john wrote: Is this Scottish or English law ?
I would guess it's Scottish law but the decision will be persuasive in the English courts depending on tghe level of the court that made this judgement. If the case was brought under the Traffic Management Act 2004, and it was indeed a judge, not an adjudicator, it could have wide ranging repurcussions. TMA 2004 gives power to an adjudicator to decide council/driver parking disputes. This may have been an appeal to a higher court that would bind adjudicators. That is why it would be very, very handy to have more detail. |
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| Author: | Stationtone [ Tue Dec 21, 2010 7:11 pm ] |
| Post subject: | |
Cabbyman thanks i am sorry i do not have more info.The newspaper artilce is not available on the net yet. |
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| Author: | captain cab [ Tue Dec 21, 2010 7:16 pm ] |
| Post subject: | |
stationtone wrote: Cabbyman thanks i am sorry i do not have more info.The newspaper artilce is not available on the net yet.
I have a copy of it, but its been sent to me in jpeg format, could email it though! CC |
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| Author: | cabbyman [ Tue Dec 21, 2010 7:22 pm ] |
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I'd appreciate that CC. You have PM. |
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| Author: | Sussex [ Tue Dec 21, 2010 7:43 pm ] |
| Post subject: | |
captain cab wrote: stationtone wrote: Cabbyman thanks i am sorry i do not have more info.The newspaper artilce is not available on the net yet. I have a copy of it, but its been sent to me in jpeg format, could email it though! CC Maybe someone should e-mail Alex and he will bung it up on TDO. |
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| Author: | captain cab [ Tue Dec 21, 2010 7:49 pm ] |
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alex is gonna get mail in 5 mins because the jpeg is huge ffs. CC |
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| Author: | cabbyman [ Tue Dec 21, 2010 7:53 pm ] |
| Post subject: | |
Many thanks for that, CC. I've instigated further enquiries to see if any more details are available. As a high court case, that could be a very useful case to us. I'll report back in due course. |
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| Author: | captain cab [ Tue Dec 21, 2010 7:55 pm ] |
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cabbyman wrote: Many thanks for that, CC.
I've instigated further enquiries to see if any more details are available. As a high court case, that could be a very useful case to us. I'll report back in due course. I checked on the law website and couldnt find anything. CC |
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