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| When is a Hackney Carriage not a Hackney Carriage? http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=29001 |
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| Author: | Small Paul [ Wed Apr 20, 2016 5:52 pm ] |
| Post subject: | When is a Hackney Carriage not a Hackney Carriage? |
One of our Fareham Hackney Carriage Drivers left his vehicle on the rank for a short time to have a comfort break. He understands that it is possible that he might have broken the rules issued by the Licensing Committee with regard to Hackney Carriages, but even that is debatable. The Civil Enforcement Officer put a ticket on his Taxi. The driver has refused to pay the fine on the basis that it is not ILLEGAL to park a Hackney Carriage Vehicle on a Taxi Rank it is probably just against the rules. The Penalty Notice states that because he was not available to drive the Taxi it stopped being a 'Hackney Carriage'. I always understood that a 'Hackney Carriage Vehicle' never stopped being a 'Hackney Carriage Vehicle. Am I right? |
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| Author: | captain cab [ Wed Apr 20, 2016 6:07 pm ] |
| Post subject: | Re: When is a Hackney Carriage not a Hackney Carriage? |
Small Paul wrote: One of our Fareham Hackney Carriage Drivers left his vehicle on the rank for a short time to have a comfort break. He understands that it is possible that he might have broken the rules issued by the Licensing Committee with regard to Hackney Carriages, but even that is debatable. The Civil Enforcement Officer put a ticket on his Taxi. The driver has refused to pay the fine on the basis that it is not ILLEGAL to park a Hackney Carriage Vehicle on a Taxi Rank it is probably just against the rules. The Penalty Notice states that because he was not available to drive the Taxi it stopped being a 'Hackney Carriage'. I always understood that a 'Hackney Carriage Vehicle' never stopped being a 'Hackney Carriage Vehicle. Am I right? It is illegal to leave a hackney carriage unattended on a rank. TPCA 1847 section 62 A hackney carriage is always a hackney carriage, you are correct. |
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| Author: | captain cab [ Wed Apr 20, 2016 6:25 pm ] |
| Post subject: | Re: When is a Hackney Carriage not a Hackney Carriage? |
Town Police Clauses Act 1847 62 Penalties in case of carriages being unattended at places of public resort. If the driver of any hackney carriage leave it in any street or at any place of public resort or entertainment, whether it be hired or not, without some one proper to take care of it, any constable may drive away such hackney carriage and deposit it, and the horse or horses harnessed thereto, at some neighbouring livery stable or other place of safe custody; and such driver shall be liable to a penalty not exceeding [level 1 on the standard scale] for such offence; and in default of payment of the said penalty upon conviction, and of the expenses of taking and keeping the said hackney carriage and horse or horses, the same, together with the harness belonging thereto, or any of them, shall be sold by order of the justice before whom such conviction is made, and after deducting from the produce of such sale the amount of the said penalty, and of all costs and expenses, as well of the proceedings before such justice as of the taking, keeping, and sale of the said hackney carriage, and of the said horse or horses and harness, the surplus (if any) of the g.,aid produce shall be paid to the proprietor of such hackney carriage. |
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| Author: | sasha [ Wed Apr 20, 2016 6:59 pm ] |
| Post subject: | Re: When is a Hackney Carriage not a Hackney Carriage? |
captain cab wrote: If the driver of any hackney carriage leave it in any street or at any place of public resort or entertainment, whether it be hired or not, without some one proper to take care of it, any constable may drive away such hackney carriage. So the police can remove your hack from outside your house where you've parked it overnight if no-ones looking after it ? 
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| Author: | grandad [ Wed Apr 20, 2016 7:46 pm ] |
| Post subject: | Re: When is a Hackney Carriage not a Hackney Carriage? |
Small Paul wrote: The Penalty Notice states that because he was not available to drive the Taxi it stopped being a 'Hackney Carriage'. A technicality that could maybe get him off the ticket. A taxi on a rank must be available for immediate hire. This is not what the ticket stated. |
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| Author: | captain cab [ Wed Apr 20, 2016 7:53 pm ] |
| Post subject: | Re: When is a Hackney Carriage not a Hackney Carriage? |
sasha wrote: captain cab wrote: If the driver of any hackney carriage leave it in any street or at any place of public resort or entertainment, whether it be hired or not, without some one proper to take care of it, any constable may drive away such hackney carriage. So the police can remove your hack from outside your house where you've parked it overnight if no-ones looking after it ? Yes 
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| Author: | MR T [ Wed Apr 20, 2016 8:15 pm ] |
| Post subject: | Re: When is a Hackney Carriage not a Hackney Carriage? |
captain cab wrote: sasha wrote: captain cab wrote: If the driver of any hackney carriage leave it in any street or at any place of public resort or entertainment, whether it be hired or not, without some one proper to take care of it, any constable may drive away such hackney carriage. So the police can remove your hack from outside your house where you've parked it overnight if no-ones looking after it ? Yes no.......only the horse 
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| Author: | captain cab [ Wed Apr 20, 2016 8:23 pm ] |
| Post subject: | Re: When is a Hackney Carriage not a Hackney Carriage? |
MR T wrote: no.......only the horse neigh |
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| Author: | heathcote [ Wed Apr 20, 2016 10:36 pm ] |
| Post subject: | Re: When is a Hackney Carriage not a Hackney Carriage? |
You possibly have a defence against the parking ticket if the Council cannot prove the TAXI rank has been put in place by the correct legislation. |
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| Author: | captain cab [ Wed Apr 20, 2016 10:47 pm ] |
| Post subject: | Re: When is a Hackney Carriage not a Hackney Carriage? |
heathcote wrote: You possibly have a defence against the parking ticket if the Council cannot prove the TAXI rank has been put in place by the correct legislation. that's actually quite good 
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| Author: | Blueknight [ Thu Apr 21, 2016 8:59 am ] |
| Post subject: | Re: When is a Hackney Carriage not a Hackney Carriage? |
captain cab wrote: heathcote wrote: You possibly have a defence against the parking ticket if the Council cannot prove the TAXI rank has been put in place by the correct legislation. that's actually quite good Section 62 doesn't specify a hackney carriage rank it deals with "street or at any place of public resort or entertainment." You have to admit that most hackney ranks are places of public entertainment given the antics of some in the trade. |
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| Author: | captain cab [ Thu Apr 21, 2016 10:21 am ] |
| Post subject: | Re: When is a Hackney Carriage not a Hackney Carriage? |
Blueknight wrote: Section 62 doesn't specify a hackney carriage rank it deals with "street or at any place of public resort or entertainment." You have to admit that most hackney ranks are places of public entertainment given the antics of some in the trade. you missed out the word 'any' although you're quite right, ranks are full of entertainment 
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| Author: | wannabeeahack [ Thu Apr 21, 2016 12:13 pm ] |
| Post subject: | Re: When is a Hackney Carriage not a Hackney Carriage? |
captain cab wrote: Blueknight wrote: Section 62 doesn't specify a hackney carriage rank it deals with "street or at any place of public resort or entertainment." You have to admit that most hackney ranks are places of public entertainment given the antics of some in the trade. you missed out the word 'any' although you're quite right, ranks are full of entertainment Best rank quotes.... "How do I get XXXXX"...........you get in this taxi, i dont give route advice to pedestrians "Can I get in any car"............mate, im the only one here "I need a taxi"......................whats this a fecking canal barge? "do you take cheques"...........no but him behind does "can you lift my case in the back please"..........mrs, arnie schwartznigger couldnt lift that "can you avoid speed humps please"...............its a Skoda not a Chinook |
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| Author: | MR T [ Thu Apr 21, 2016 1:06 pm ] |
| Post subject: | Re: When is a Hackney Carriage not a Hackney Carriage? |
Parking appeal adjudicator: When is a taxi available for hire? (SQ05010H) Driver of a licensed hackney carriage, the appellant left his vehicle for a few moments on a double yellow line while he went to the toilet and was issued with a PCN for waiting in a restricted area. The council contended that he was not entitled to wait in the taxi rank, because the vehicle was unattended, not available for hire and therefore not "a hackney carriage" as defined in the bylaw. The Adjudicator, ruling that he did not interpret that to mean that the vehicle ceased to be a hackney carriage for every minute that it was not in such use, found that the common sense view of the appellant's vehicle would say that it was a vehicle used in standing or plying for hire and had the required number plate fixed on it. He was also satisfied on the facts that the vehicle was available for hire, except that any passenger would have had to wait to depart until the appellant returned from the toilet. The appeal was allowed. so there http://www.ukmotorists.com/parking_appe ... hicles.asp file:///C:/Documents%20and%20Settings/XPpro/My%20Documents/Downloads/Complete_JC_Report_2006.pdf |
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| Author: | wannabeeahack [ Thu Apr 21, 2016 4:19 pm ] |
| Post subject: | Re: When is a Hackney Carriage not a Hackney Carriage? |
a rank is for plying for hire not free parking |
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