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| Is this Touting http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=8996 |
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| Author: | tcabbie [ Sat Jul 26, 2008 7:10 pm ] |
| Post subject: | Is this Touting |
Scenario 1 - Private hire driver takes a job from a house address to a train station. A passenger at the station is waiting for a cab but there is none on the rank. The passenger approaches the private hire driver who is dropping off and asks him to take him. The private hire driver says, "Sorry you have to book it with my company", and gives the guy his mobile phone and card. The passenger rings the booking office and books the car, hops in and off they go. Scenario 2 - Same as above but the customer uses his own mobile phone to place the booking. Would you consider this as touting? In the eyes of the law is it touting?. |
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| Author: | Sussex [ Sat Jul 26, 2008 7:34 pm ] |
| Post subject: | Re: Is this Touting |
tcabbie wrote: Would you consider this as touting? In the eyes of the law is it touting?.
No IMO. If he had said yes I'm a taxi get in then yes, but he didn't he said I'm a PH and can only take bookings. He also wasn't waiting there for ages he was just dropping off. |
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| Author: | wannabeeahack [ Sat Jul 26, 2008 7:53 pm ] |
| Post subject: | |
what if.... the card number was the drivers home line and diverted to the car he was sat in... and he is the OD/operator himself... or the driver had "the book" with him, took the passengers details, drove round the carpark and came back for him... ok, the passenger may think better of getting in with a demented driver, but it would qualify as "pre-booked", when no definition seems available? and if the driver asks the passenger "are you working on behalf of the licensing office" and is told no, but it turns out they lied, can he plead the 3rd degree in court?... |
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| Author: | wannabeeahack [ Sat Jul 26, 2008 7:58 pm ] |
| Post subject: | |
BTW, from my understanding of it, if in the original question the vehicle was a HC dropping outside his LA, even he (the HC) couldnt take the job unless pre-booked... |
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| Author: | bloodnock [ Sat Jul 26, 2008 8:09 pm ] |
| Post subject: | |
Its A straight Forward case of Being pre-booked by Phone....open and shut case...the PH driver stayed well clear of touting by saying "No" |
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| Author: | bloodnock [ Sat Jul 26, 2008 8:21 pm ] |
| Post subject: | |
Oh...and it Dont matter what phone the Customer uses or if the PH driver never moved so much as an inch never Mind around the Block it would still be Pre_booked as there Is no requirement to Travel a minimum distance before Collecting your next client. if it was booked by phone before the client Jumped in its a good un... If the PH had been Parking/Loitering in a HC rank, or even Loitering near a Rank with the Obvious intentions of Touting...Well then Id say that was Obvious touting. |
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| Author: | wannabeeahack [ Sat Jul 26, 2008 8:36 pm ] |
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and........ you know these supermarket "taxi freephones" if BT accept an installation at one from me, but the site is not in my LA, could the resident HC's (or PH's come to that) stop me taking work off it?..... |
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| Author: | Sussex [ Sun Jul 27, 2008 7:50 pm ] |
| Post subject: | |
wannabeeahack wrote: what if....
the card number was the drivers home line and diverted to the car he was sat in... and he is the OD/operator himself... The act says the booking must come from a licensed operator, if he is that licensed operator then I can't see anything legally wrong. But I bet some will. 
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| Author: | Sussex [ Sun Jul 27, 2008 7:51 pm ] |
| Post subject: | |
wannabeeahack wrote: if BT accept an installation at one from me, but the site is not in my LA, could the resident HC's (or PH's come to that) stop me taking work off it?.....
No. |
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| Author: | JD [ Mon Jul 28, 2008 10:19 am ] |
| Post subject: | Re: Is this Touting |
tcabbie wrote: Scenario 1 - Private hire driver takes a job from a house address to a train station. A passenger at the station is waiting for a cab but there is none on the rank. The passenger approaches the private hire driver who is dropping off and asks him to take him. The private hire driver says, "Sorry you have to book it with my company", "and gives the guy his mobile phone and card". The passenger rings the booking office and books the car, hops in and off they go. Illegal. Quote: Scenario 2 -
Same as above but the customer uses his own mobile phone to place the booking. Would you consider this as touting? In the eyes of the law is it touting?. The courts considered it illegal in the Liverpool supermarket case. Regards JD |
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| Author: | bloodnock [ Mon Jul 28, 2008 12:19 pm ] |
| Post subject: | |
I think a wee bit of Common sense goes a long way in these instances...is anyone really advocating leaving man, woman or child stranded when they have no other means of getting to a destination, its not Deliberate touting..its an Extraordinary event that may happen on rare occasions. |
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| Author: | grandad [ Mon Jul 28, 2008 2:20 pm ] |
| Post subject: | |
bloodnock wrote: I think a wee bit of Common sense goes a long way in these instances...is anyone really advocating leaving man, woman or child stranded when they have no other means of getting to a destination, its not Deliberate touting..its an Extraordinary event that may happen on rare occasions.
If as a driver you agree to do something that you know that you are not legally allowed to do then you can't complain when you get caught out. The law may seem like an ass but it is still the law. |
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| Author: | mancityfan [ Mon Jul 28, 2008 4:30 pm ] |
| Post subject: | |
Quote: The courts considered it illegal in the Liverpool supermarket case.
Is there a link to the liverpool supermarket case |
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| Author: | mancityfan [ Mon Jul 28, 2008 4:34 pm ] |
| Post subject: | |
Scenario 1 - Quote: Private hire driver takes a job from a house address to a train station. A passenger at the station is waiting for a cab but there is none on the rank. The passenger approaches the private hire driver who is dropping off and asks him to take him. The private hire driver says, "Sorry you have to book it with my company", "and gives the guy his mobile phone and card". The passenger rings the booking office and books the car, hops in and off they go. Illegal Is this because he used the drivers phone ?[/quote] |
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| Author: | bloodnock [ Tue Jul 29, 2008 12:05 am ] |
| Post subject: | |
grandad wrote: bloodnock wrote: I think a wee bit of Common sense goes a long way in these instances...is anyone really advocating leaving man, woman or child stranded when they have no other means of getting to a destination, its not Deliberate touting..its an Extraordinary event that may happen on rare occasions. If as a driver you agree to do something that you know that you are not legally allowed to do then you can't complain when you get caught out. The law may seem like an ass but it is still the law. But There is a grey area of the Law which straddles both HC and PH and its these where common sense comes in. no One person in Britain Knows every single law, that means we can only adhere to our known laws and where those laws become blurred and unclear is where the legal system uses test cases to decided a precident. laws are forever changing. Ignorance may be no excuse but that can only be said where a law is blatantly obvious but where there is ambiguity or a lack of clarity ignorance is quite understandable. |
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