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a legal question for JD
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Author:  Stinky Pete [ Thu Feb 15, 2007 8:34 pm ]
Post subject:  a legal question for JD

Rank out of order
By Jeremy Small

David Brooks: too much noise
THE operating hours of a central York cab rank could be cut after complaints from nearby residents.

York Taxi Association has criticised plans, which would mean cab drivers would only be able to use the rank in Duncombe Place between 7.30am and 10pm.

At present, drivers are able to collect fares there at night time as well.

However, a series of complaints from local residents have put the council under pressure to limit when taxis can run to and from the rank.

It is claimed the noise levels coming from the pick-up point at night are unacceptable for an area with people living nearby.

David Brooks, general manager of Dean Court Hotel, opposite the rank, said customers have told him they will never return to the hotel because of the noise from the rank.

He said: "The noise is on an understandable level, but it is no good at one or two in the morning - we are in a neighbourhood, it is as simple as that. Having a taxi rank so close to residents is impractical."

Mr Brooks said the problem had become worse since late-night drinking was introduced in York, in November 2005.

But Alan Rowley, secretary of York Taxi Association, said this nuisance was nothing to do with people waiting to board taxis at Duncombe Place.

Mr Rowley said: "The noise is not from the taxi rank - it is one of the best-behaved in the city.

"It is from people drinking at the monument nearby, and closing the rank at night is not going to move them.

"We would lose trade during these hours and it would have a very bad affect on business - people would just make other arrangements.

"The people you pick up there are very nice and well-behaved - they are not responsible for the noise."

A City of York Council spokeswoman said: "The council is proposing to reduce the opening hours of the taxi rank at Duncombe Place in response to ongoing complaints from local residents about noise nuisance.

"The proposal is for the rank to close by 10pm each night and for people to use the nearby rank in Exhibition Square, which is not so close to people's homes, for their late-night taxis.

"As part of this process, the council has a statutory duty to carry out a consultation exercise to give interested parties an opportunity to air their views.

"As part of the consultation process, the council has received representation from local residents and taxi drivers."
.............................................................


This is what I don't understand
after 1900hrs we are free to ply for hire anywhere we want, but most choose to sit on the rank
after the taxi rank shuts at 2200hrs dead

I would like to know what legal charge could be brought against a hackney carriage in a court of law for sitting on a closed taxi rank, would/could it be illeagaly plying for hire

Author:  Sussex [ Thu Feb 15, 2007 8:45 pm ]
Post subject: 

I'm surprised you are allowed to rank anywhere after 19.00pm, but good luck to you.

I suspect the council will paint double yellow lines on the old rank to keep you off. :sad:

Author:  Stinky Pete [ Thu Feb 15, 2007 8:55 pm ]
Post subject: 

But every road in the city is double yellowed, parking enforcers finish work at 2030hrs

Author:  Stinky Pete [ Fri Feb 16, 2007 6:52 pm ]
Post subject: 

Talking to other drivers re the above "rank out of order"
If this goes through and the hotel and residents win putting a closing order on the rank

can the hotel prove any evidence, that the customers would never come back to that hotel because of the noise from taxi drivers or was it an easy way out rather than to say stuff you the hotels a rip off

York taxi drivers should start thinking what is going to happen next

as the item was spread in the York newspaper re noise keeping people awake at night by taxi drivers

now which is the next rank to be hit with a timed out rank, look at Savourgate rank, the solicitors firms in that street and the residents further back on the run up to the rank, these people have tried before to have that rank shifted, the news item stirs this up again, wait and see

Toff Green rank at the night club, just look how many appartments have been build recently right next to the night club, the news item will also stir these people up

A year ago a taxi office was refused in Micklegate, its a drinking haunt, full of pubs, night club, etc is Micklegate
the reason a taxi office was refused that it would cause noise and disturbances and affect residents sleeping, as if the p^ss heads don't already

Now lets go on to the Stn rank, right next to the Royal York hotel, half a dozen paces away, could it be that they may jump on the band wagon re the news item, I think not as GNER has more clout,

So what we have now we have the high flyers, people with money moving into the city centre to live, a lot tho are second homes to some, these are the same people who moved out to the country side and stopped the cockerals crowing and complained of animals making a noise

so thats it folks, the 24 hour drinking may have signed the death warrant for taxi drivers due to noise of revellers, I have a feeling that some ordinary folk think that people only move in normal hours by taxi, some seem to be amazed when you tell them people are getting taxis up to 5 in the morning

sheeesh I give up

Author:  Sussex [ Fri Feb 16, 2007 7:00 pm ]
Post subject: 

Stinky Pete wrote:
can the hotel prove any evidence, that the customers would never come back to that hotel because of the noise from taxi drivers or was it an easy way out rather than to say stuff you the hotels a rip off

Maybe by letters of complaint, but the York drivers need to get their own petition up.

I'm quite sure they could get many members of the public to sign it also. :wink:

Author:  the thinker [ Sun Feb 18, 2007 1:09 pm ]
Post subject:  Re: a legal question for JD

Stinky Pete wrote:
Rank out of order
By Jeremy Small



York Taxi Association has criticised plans, which would mean cab drivers would only be able to use the rank in Duncombe Place between 7.30am and 10pm.

At present, drivers are able to collect fares there at night time as well.

However, a series of complaints from local residents have put the council under pressure to limit when taxis can run to and from the rank.

It is claimed the noise levels coming from the pick-up point at night are unacceptable for an area with people living nearby.

David Brooks, general manager of Dean Court Hotel, opposite the rank, said customers have told him they will never return to the hotel because of the noise from the rank.

He said: "The noise is on an understandable level, but it is no good at one or two in the morning - we are in a neighbourhood, it is as simple as that. Having a taxi rank so close to residents is impractical."

Mr Brooks said the problem had become worse since late-night drinking was introduced in York, in November 2005.

But Alan Rowley, secretary of York Taxi Association, said this nuisance was nothing to do with people waiting to board taxis at Duncombe Place.

Mr Rowley said: "The noise is not from the taxi rank - it is one of the best-behaved in the city.re


It would appear that the erudite secretary has spoken too soon, as rumour control is rife with speculation that a driver was seriously assaulted there last thursday, maybe Stinky pete can throw some light on the subject as he spends a lot of time there.

Author:  JD [ Sun Feb 18, 2007 2:21 pm ]
Post subject: 

Stinky Pete wrote:
This is what I don't understand after 1900hrs we are free to ply for hire anywhere we want, but most choose to sit on the rank
after the taxi rank shuts at 2200hrs dead

I would like to know what legal charge could be brought against a hackney carriage in a court of law for sitting on a closed taxi rank, would/could it be illeagaly plying for hire


The rank is only a taxi rank during the hours specified, after which time it reverts to the restrictions that apply in the street such as double yellow lines etc. However you better check your bylaws to see what it says about proceeding to the nearest taxi rank if you are plying for hire within the controlled district, etc.

Regards

JD

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