Opinion has been given that a vehicle waiting on private property may be prosecuted if the facts, and quality, of evidence show that the drivers conduct amounted to invitation, or acceptance, of bookings in the course of business. Again, conditions suitably worded can be imposed to prevent waiting on specified types of premises attended by the public other than in connection with a booking made previously.

Any driver waiting on private ground, (hospital, public house, car park grounds or forecourts), with an intention of finding passengers who have not pre-booked, and a Hackney Carriage, could not be prosecuted under the 1847 Act, (S45), as it would not be plying on a 'street', (as defined within the Act), however, in such a case if the vehicle was clearly visible it may be possible, as in the case of White v Cubitt, (1930), however, under S46(1)(d) of the 1976 Act an offence may be committed and that in accepting such a booking the driver would be acting as an unlicensed operator. In such cases a Council may decide to suspend or revoke a licence in cases of repeated waiting in which it may be deemed that an invitation to hire was considered as, "other reasonable cause", under Sections 60 to 62, especially if the Council had publicly announced, by notice, that they may exercise such powers.

A report in 'Taxi', dated 14th June 1995, gave details of court action by L.T.D.A. v Tesco in which private hire vehicles were waiting in the car park and it was reported that they no longer do so as it was found to be illegal for them to stand available for hire in the supermarket car park.

Very nice

BUT............ who will enforce it, the LA, a LO, cops or traffic warden?

Probably no one..

Hi

Can someone please remind me of the Case Law which decided on ''Ranking Up''

for private hire ?

I believe the matter was in the Gatwick Airport area where a judge ruled thhat PH could not rank up

and defined it in detail.

Many Thanks