These are taken from a meeting of the private hire/Hackney carriage forum hosted by Cheshire West and Chester council, and is in response to a request to allow PHV's to use bus lanes. DT is the highways officer and GC is the private hire rep. GB is a former member of this forum ( member being the operative word !) and is also a Private Hire driver.

Agenda item 3.2 Use of bus lanes

DT confirmed to the meeting that private hire vehicles are not legally permitted to use bus in the Chester District. There is a Traffic Order for buses and Hackney Carriage vehicles only as these vehicles are easily recognised. Though private hire vehicles can be recognised to a point, these are not dissimilar to normal cars. DT then asked the meeting their opinion on the benefits in private hire vehicles having access to bus lanes. GC responded on grounds of ‘green issues’, less mileage and identified that private hire using dedicated bus lanes works in other areas. DT highlighted that Warrington is currently experimental and there are reported to be enforcement issues. GB identified that he felt Hackney Carriage vehicles have an advantage over private hire as often private hire have to travel a greater distance. DT went on to say he was prepared to listen to private hire, a change in policy would be required for private hire to use bus lanes and looking at how people are transported on a larger scale. If a transponder is introduced, this could cost each vehicle around fifty pounds.

Now, what should I spend my winnings on ??

"GB identified that he felt Hackney Carriage vehicles have an advantage over private hire as often private hire have to travel a greater distance."

Which leads to.....who enforces the law? who decides that it may be broken?

As CC said, it depends upon the TRO. In law, a hackney carriage is an entirely different vehicle to a private hire vehicle.

Looking at the Chester minutes, PHV are not permitted to use bus lanes in Chester.

'Hackney Carriage' covers a vehicle licensed by any LA as such. Therefore, visiting HCs can use the bus lanes in Chester, subject to seeing the detailed provisions of the TRO.