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 Post subject: Re: picking up at a rank
PostPosted: Mon Mar 09, 2020 7:11 pm 
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Sussex wrote:
x-ray wrote:
And there’s me thinking ‘No Stopping’ meant no stopping, no waiting, no picking up, no dropping off. Silly me!

The act says no waiting, not no stopping.

If we compare the picking up a pre-booked job at a rank, or a PH dropping off on a rank, to the picking up and dropping off on a red route, then the higher courts have stated a PH (or a hackney) is allowed to do so.


I was making the point that if the sign and TRO states no stopping then anything and everything else (ie, waiting, dropping-off, picking-up) is irrelevant. :D


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 Post subject: Re: picking up at a rank
PostPosted: Mon Mar 09, 2020 9:53 pm 
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Quote:
I was making the point that if the sign and TRO states no stopping then anything and everything else (ie, waiting, dropping-off, picking-up) is irrelevant. :D

Your point is a good one.

I suspect a prosecution under the 1976 act would be difficult, but under local traffic regs, via the decriminalisation of parking policy, a lot easier.

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 Post subject: Re: picking up at a rank
PostPosted: Tue Mar 10, 2020 12:38 am 
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grandad wrote:
Sussex wrote:
edders23 wrote:
Is there not something in the 1976 act that says PH cannot pick up or drop off at taxi ranks ?

Sec 64 Prohibition of other vehicles on hackney carriage stands
(1) No person shall cause or permit any vehicle other than a hackney carriage to wait on any stand for hackney carriages during any period for which that stand has been appointed, or is deemed to have been appointed, by a district council under the provisions of section 63 of this Act.
(2) Notice of the prohibition in this section shall be indicated by such traffic signs as may be prescribed or authorised for the purpose by the Secretary of State in pursuance of his powers under [section 64 of the Road Traffic Regulation Act 1984].
(3) If any person without reasonable excuse contravenes the provisions of this section, he shall be guilty of an offence.
(4) In any proceedings under this section against the driver of a public service vehicle it shall be a defence to show that, by reason of obstruction to traffic or for other compelling reason, he caused his vehicle to wait on a stand or part thereof and that he caused or permitted his vehicle so to wait only for so long as was reasonably necessary for the taking up or setting down of passengers.


The question is, is waiting the same as dropping or pick up?

IMO it is not.


Part 3 mentions "reasonable Cause." Would picking up a pre booked fare who was ready at the roadside be considered "reasonable cause?"
Would section 4 cover a private hire vehicle?
In my opinion it would be a reasonable excuse to stop to pick up/set down a pre-booked passenger, much like it has been tested in the courts and traffic penalty tribunals with taxi and ph picking up and setting down on double yellow lines.
Section 4 will not cover a private hire vehicle. A public service vehicle is a vehicle displaying a public service vehicle operators licence.


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 Post subject: Re: picking up at a rank
PostPosted: Tue Mar 10, 2020 12:39 am 
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Sussex wrote:
Quote:
I was making the point that if the sign and TRO states no stopping then anything and everything else (ie, waiting, dropping-off, picking-up) is irrelevant. :D

Your point is a good one.

I suspect a prosecution under the 1976 act would be difficult, but under local traffic regs, via the decriminalisation of parking policy, a lot easier.

A national law over-rides any local law or bye-law.


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 Post subject: Re: picking up at a rank
PostPosted: Tue Mar 10, 2020 7:49 pm 
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A national law over-rides any local law or bye-law.

Indeed, but the act doesn't say mustn't stop, just you can't wait.

So in theory it could be said that a TRO could say you can't stop, as it doesn't contradict the statute.

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 Post subject: Re: picking up at a rank
PostPosted: Tue Mar 10, 2020 11:59 pm 
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TROs are sometimes wrong in many respects, especially when I found a whole batch of roads that are actually in New Romney were listed in the TRO as being in Lydd, some 4 miles away. Lots of illegal penalty charges were issued in New Romney for a long time. Also lots of yellow lines that weren't listed either.


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 Post subject: Re: picking up at a rank
PostPosted: Wed Mar 11, 2020 10:01 pm 
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Location: A City near Birmingham
Bit of history here...

we have 2 train stations, 1 is the main north/south line, its "rank" is not a council rank, its made available by the station, so thats not just hackney (but is respected as such)

the other is (looking at it) on the side of a road outside the station but.....on land originally purcheased by the railway company back in 1800 diddly squat, so its 3 spaces (for 100 hacks) is technically NOT a rank....

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 Post subject: Re: picking up at a rank
PostPosted: Sat Mar 14, 2020 8:15 pm 
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Location: Stamford Britains prettiest town till SKDC ruined it
our council always used to count rank spaces on railway owned land as official rank spaces

ps wanna why don't you use their actual names City and Trent valley ?

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 Post subject: Re: picking up at a rank
PostPosted: Sun Mar 15, 2020 1:25 am 
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edders23 wrote:
ps wanna why don't you use their actual names City and Trent valley ?

Because he's under the delusion that we don't know where he is.

:roll: :roll:

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 Post subject: Re: picking up at a rank
PostPosted: Sun Mar 15, 2020 1:23 pm 
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Chris the Fish wrote:
edders23 wrote:
ps wanna why don't you use their actual names City and Trent valley ?

Because he's under the delusion that we don't know where he is.

:roll: :roll:


firstly there is another Trent valley station not 20 minutes away, secondly as it makes no different to the issue.

Private land cant have licensed ranks as the LA do not have authority, a 3rd rank was on the bus station... traffic wardens ignored empty hacks and private cars on that one, and coaches taking up all the space.

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 Post subject: Re: picking up at a rank
PostPosted: Sun Mar 15, 2020 1:52 pm 
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Quote:
Private land cant have licensed ranks


Oh yes can

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 Post subject: Re: picking up at a rank
PostPosted: Sun Mar 15, 2020 5:39 pm 
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Quote:
Private land cant have licensed ranks as the LA do not have authority,

Councils can legally adopt ranks on private land with the permission on the land owner.

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 Post subject: Re: picking up at a rank
PostPosted: Sun Mar 15, 2020 6:54 pm 
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MR T wrote:
Quote:
Private land cant have licensed ranks


Oh yes can


Section 76 public health act 1925.

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