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Who has legal responsibility to provide adequate rank space?
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Author:  MarkRGuildford [ Mon Nov 14, 2011 9:45 pm ]
Post subject:  Who has legal responsibility to provide adequate rank space?
Hi, is provision of enough/sufficient stand space governed by any Act of Parliament?

Quote:
Local Government (Miscellaneous Provisions) Act 1976
s63 Stands for hackney carriages.

(1)For the purposes of their functions under the Act of 1847, a district council may from time to time appoint stands for hackney carriages for the whole or any part of a day in any highway in the district which is maintainable at the public expense...


The Act refers to the District Councils functions under the 1847 Act, but I can't find any reference to stands in any of the 1847 Acts.

Any help appreciated.
Mark
Author:  Chris the Fish [ Mon Nov 14, 2011 9:52 pm ]
Post subject:  Re: Who has legal responsibility to provide adequate rank sp
Sorry about this, the bottom line is no LA has to provide any Ranks.

But if they do, they have to do it right.

They can't impose one without advertising it and dealing with objections.

When one is in, they can't remove it without a similar procedure.


You are right "may from time to time appoint stands for hackney carriages" but the "may" is not a "must" I'm afraid.
Author:  Sussex [ Tue Nov 15, 2011 9:38 am ]
Post subject:  Re: Who has legal responsibility to provide adequate rank sp
MarkRGuildford wrote:
Hi, is provision of enough/sufficient stand space governed by any Act of Parliament?

Quote:
Local Government (Miscellaneous Provisions) Act 1976
s63 Stands for hackney carriages.

(1)For the purposes of their functions under the Act of 1847, a district council may from time to time appoint stands for hackney carriages for the whole or any part of a day in any highway in the district which is maintainable at the public expense...


The Act refers to the District Councils functions under the 1847 Act, but I can't find any reference to stands in any of the 1847 Acts.

Any help appreciated.
Mark

I think the bit in the 1976 act refers to the licensing functions of the 1847 act, not specifically ranks.

I think councils have an unwritten duty/obligation to ensure sufficient ranking spaces in places where demand is most likely.

The problem is in the planning stage no-one thinks about the trade, and no-one from the trade generally thinks.
Author:  wee eddie [ Wed Nov 16, 2011 10:59 am ]
Post subject:  Re: Who has legal responsibility to provide adequate rank sp
There is no way of defining how many Taxis a Rank should accommodate.

At one time of day it will be insufficient for the number of Taxis wishing to use it, at another, it will be free of both Taxis and Punters.
Author:  captain cab [ Wed Nov 16, 2011 11:12 am ]
Post subject:  Re: Who has legal responsibility to provide adequate rank sp
Section 68 TPCA permits a local authority to set byelaws, amonst the various bits and pieces in the wording is;

For fixing the stands of such hackney carriages, and the distance to which they may be compelled to take passengers, not exceeding the prescribed distance:


In the 1976 act section 63 covers ranks. http://www.legislation.gov.uk/ukpga/1976/57/contents

In respect of who pays for it section 70 covers fees and the following legend applies;

the reasonable cost of providing hackney carriage stands

Who has the legal responsibility? I would suggest the authority that licenses you, however, they may not necessarily be in charge of the highway....that might be a county council.

Both councils (and yourselves) should have had access to a Local Transport Plan (LTP) for your area......look at a online copy and see what it says in there regarding cab ranks.

CC
Author:  wannabeeahack [ Wed Nov 16, 2011 9:52 pm ]
Post subject:  Re: Who has legal responsibility to provide adequate rank sp
the rank only has to fit in the available space, then the LA can sell twice as many plates as will fit on the rank....
Author:  captain cab [ Thu Nov 17, 2011 1:38 am ]
Post subject:  Re: Who has legal responsibility to provide adequate rank sp
wannabeeahack wrote:
the rank only has to fit in the available space, then the LA can sell twice as many plates as will fit on the rank....



Shame they dont treat the homeless the same way :lol:
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