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Touting/Ranking up on private ground
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=19402		 Page 1 of 2
Author:  jogra4 [ Tue May 29, 2012 7:45 am ]
Post subject:  Touting/Ranking up on private ground
Hiya trying to remember the law on touting i know its a criminal offence for even hacks to tout on public roads/places but is it the same on private land we have a situation here where some of my members were told by the l.O that they had to leave this private car park cos the p/h firm that has the free fone there were whinging ( makes a change cos its normally them scabbing outside pubs lol) anyway just wanna clarify this cos i want my members to know and act within the law


john
Author:  Sussex [ Tue May 29, 2012 7:57 am ]
Post subject:  Re: Touting/Ranking up on private ground
Do you have a rule saying once free go back to nearest available rank.

If not, then you can sit where you want.

If so, then just say you are resting.
Author:  grandad [ Tue May 29, 2012 8:37 am ]
Post subject:  Re: Touting/Ranking up on private ground
jogra4 wrote:
Hiya trying to remember the law on touting i know its a criminal offence for even hacks to tout on public roads/places

Is it a criminal offence?
Author:  jogra4 [ Tue May 29, 2012 8:46 am ]
Post subject:  Re: Touting/Ranking up on private ground
.
Author:  jogra4 [ Tue May 29, 2012 8:46 am ]
Post subject:  Re: Touting/Ranking up on private ground
as far as im aware yes it is a criminal offence for even hacks to tout


john
Author:  cabby john [ Tue May 29, 2012 10:28 am ]
Post subject:  Re: Touting/Ranking up on private ground
We see touting of a different nature down here with (you probably have them as well) with promotion people usually hanging around a night club/bar. They stop the general public and usually hand them a leaflet with some sort of discount if you use that establishment - so the question is why are they allowed to get away with it as it is blatant "Touting" and yet we cannot.

The other point I would like to raise is - what is the actual definition of "Touting"? because to wait outside/near a night club/bar does not appear to be a "touting", it only becomes touting (as I see it) when you approach A.N.other verbally or gesticulate.


One definition that I have come across seems to say exactly the above.

Quote:
touting present participle of tout (Verb)Verb: 1.Attempt to sell (something), typically by pestering people in an aggressive or bold manner: "Jim was touting his wares".
2.Attempt to persuade people of the merits of (someone or something).

Author:  Dusty Bin [ Tue May 29, 2012 10:59 am ]
Post subject:  Re: Touting/Ranking up on private ground
Apart from ticket touts I think it generally only applies to vehicles and it must be done in a public place.

"it is an offence, in a public place, to solicit persons to hire vehicles to carry them as passengers."

As regards the specific query, I suspect the difficulty lies in whether or not the location in question is a public place.
Author:  Dusty Bin [ Tue May 29, 2012 11:06 am ]
Post subject:  Re: Touting/Ranking up on private ground
The legislation actually defines a 'public place' thus:

“public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access (whether on payment or otherwise)

Which is probably why touting isn't allowed in the scenario described at the top of the thread.

http://www.legislation.gov.uk/ukpga/199 ... ts/enacted
Author:  cabby john [ Tue May 29, 2012 11:29 am ]
Post subject:  Re: Touting/Ranking up on private ground
Quote:
"it is an offence, in a public place, to solicit persons to hire vehicles to carry them as passengers."



This is the point that I have been trying to make.

It seems to hinge on as to whether you/I have actually approached/initiated or gesticulated a potential customer that our services are available! If you/I are parked up resting, (hire light off!), and are approached for the purposes of hire, then I do not think that the accusation of soliciting/touting could carry much weight..................or am I wrong?

P.H might have a different slant because they have no hire light to say they (technically) are not working.
Author:  Dusty Bin [ Tue May 29, 2012 12:33 pm ]
Post subject:  Re: Touting/Ranking up on private ground
cabby john wrote:
Quote:
"it is an offence, in a public place, to solicit persons to hire vehicles to carry them as passengers."



This is the point that I have been trying to make.

It seems to hinge on as to whether you/I have actually approached/initiated or gesticulated a potential customer that our services are available! If you/I are parked up resting, (hire light off!), and are approached for the purposes of hire, then I do not think that the accusation of soliciting/touting could carry much weight..................or am I wrong?

P.H might have a different slant because they have no hire light to say they (technically) are not working.


As long as you're merely sitting passively in your car you can't be touting.

And where you're sitting, whether your light is on or not, or whatever signage you may have doesn't really matter as regards touting - you're either pro-actively soliciting customers or you aren't - but those other factors may be relevant as regards PH plying for hire.
Author:  Doom [ Tue May 29, 2012 4:05 pm ]
Post subject:  Re: Touting/Ranking up on private ground
HC supposed to return to rank ability to stop if flagged en route

PH supposed to return to office ability to divert if given a pre booked job en route.
Author:  Sussex [ Tue May 29, 2012 8:14 pm ]
Post subject:  Re: Touting/Ranking up on private ground
Doom wrote:
PH supposed to return to office

Since when? :?
Author:  Sussex [ Tue May 29, 2012 8:18 pm ]
Post subject:  Re: Touting/Ranking up on private ground
Dusty Bin wrote:
As long as you're merely sitting passively in your car you can't be touting.

It's not just the activities, or not as the case may be, of the driver that is the only issue, but what the general public think.

A driver maybe sitting passively, but if his vehicle attracts custom then that's touting.
Author:  Doom [ Wed May 30, 2012 2:54 am ]
Post subject:  Re: Touting/Ranking up on private ground
Sussex wrote:
Doom wrote:
PH supposed to return to office

Since when? :?



Since PH was introduced, get yer law book out and get educated, still can't expect a newbie like you to know of such rules.

Plus any office is supposed to have parking for all cars affiliated to it, something else shoved under the carpet in recent years in the name of Barondome.

I'm going to be a royal pain once the new rules are drawn up, what I don't agree with I'm going to force the council into court to prove illegal, as I don't have to worry about this as an income anymore it's now a play thing to me, I'm even considering becoming a councilor, and those that shamed and disgraced others before won't be able to do it with me because of my mindset, others allowed their corrupt ways to unfairly remove ppl, I have the perfect mirror to this using the same tactic in reverse, good for the goose. :wink:
Author:  jogra4 [ Wed May 30, 2012 10:33 am ]
Post subject:  Re: Touting/Ranking up on private ground
Bravo that man



john
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