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PostPosted: Fri Apr 18, 2008 8:35 am 
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Location: Chichester
Having now got the Council to finally act on illegal cab operations, it has been suggested that properly licensed local Hackneys may also be infringing the law by also ranking up, on private land, in amongst all the PH and out of area Hackneys, that are very obviously operating illegally.

My thoughts are that as we (the Hackneys) are properly licensed, the law that says we have to return to a proper rank does not apply in this case (ironically because we are private land!).

At the moment this problem has actually stalled one prosecution.

As ever, your thoughts would be appreciated gents.

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PostPosted: Fri Apr 18, 2008 7:47 pm 
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Doc G wrote:
My thoughts are that as we (the Hackneys) are properly licensed, the law that says we have to return to a proper rank does not apply in this case (ironically because we are private land!).

I would imagine your rules say something like 'must return to the nearest free rank, when free'.

Not too sure the private land issue is an issue. :?

Unless you get the private rank adopted by the council. :wink:

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PostPosted: Fri Apr 18, 2008 7:53 pm 
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A rank provided by the council seems likely soon, which should stop the illegal activity (hopefully).

The prosecution I alluded to is about plying, touting and overcharging, witnessed by several drivers, who are now being accused of being illegal themselves, even though they are properly licensed Hackneys.

A definite case of the pot calling the kettle black, and a bit tough if this is true.......


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PostPosted: Fri Apr 18, 2008 7:56 pm 
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Doc G wrote:
The prosecution I alluded to is about plying, touting and overcharging, witnessed by several drivers, who are now being accused of being illegal themselves, even though they are properly licensed Hackneys.

I think you will find a taxi with his light on parked up not on a rank could be viewed as touting.

Now I wouldn't give a flying fig about it, good luck to you as you seem to be doing what most taxis should when it's a bit quiet i.e. going to the punters rather than waiting for the punters to go to them, but if you have made a big thing about PH touting, then I suspect they will do like-wise. :wink:

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PostPosted: Sat Apr 19, 2008 4:55 am 
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So, you think that despite being in our controlled district, properly licensed Hackney Carriages and correctly insured for Public Hire, and invited on the private land, we could be liable somehow?

Is that breaking “Criminal” or “Council” law I wonder??


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PostPosted: Sat Apr 19, 2008 7:06 am 
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Doc G wrote:
Is that breaking “Criminal” or “Council” law I wonder??

Possibly both, depending on your bylaws. :sad:

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PostPosted: Mon Apr 21, 2008 12:52 pm 
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Most councils have a by law that state, "when plying for hire you must proceed to the nearest taxi rank and if that is full you must proceed to the next available rank that isn't full".

If this dopey meeting of minds bunch had got their act together they could have repealed that stupid by-law by amending statutory legislation and done something constructive but as it stands if you are taken to court on this issue you are going to have to plead that in this day and age the bylaw is unreasonable. However your concern is plying on private land and that is a new take on the matter. There has never been a case of a licensed hackney carriage that is licensed in the same area as where he is plying on private land being prosecuted for not proceeding to the nearest taxi rank. Don't assume because I've never heard of a case that one doesn't exist.

Regards

JD

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PostPosted: Mon Apr 21, 2008 5:29 pm 
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Thanks for your comments JD (and a belated thanks to you too Sussex).

This amazing trade we work in is controlled by “experts” that do not work in the trade, by elected civilians in the council who do not have a clue about regulations, and policed by LO`s who choose to do nothing.

I suspect that the “meeting of minds” bunch, like others, have reached a mental critical mass, and have all disappeared up their own backsides in a burst of logic!

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