wannabeeahack wrote:
Another instance of insufficient definition of "work"
Any PH/HC driver can pickup pre-booked from anywhere i thought?
Im sorry but ive seen nothing to the contrary, and London is no different to me than any other place.
so there
They can;
Link!
DPP v Computer Cab Co Ltd
Queen's Bench Division
07 November 1994
[1996] R.T.R. 130; [1995] C.O.D. 361
Licensing
Licensing; Taxis
Summary: Taxis; licensing conditions imposed on taxis; whether point of hire commenced when drivers stopped plying for hire
Case: Within the Metropolitan Police District licensing conditions impose geographical restrictions on the areas in which taxis can ply for hire.
Taxis with green badges were entitled to ply for hire anywhere in the District and those with yellow badges were entitled to ply for hire only within a particular sector which excluded the central London area. It was alleged that the yellow badge drivers had permitted their taxis to be hired within the central area, contrary to their licences, as set out in the London Cab Order 1934 Part 31(1)(ii) .
It was alleged that C had aided and abetted the drivers to commit these offences. C operated a system whereby jobs in the central area were given to drivers licensed outside the area, although all drivers were in their licensed area when they accepted the calls; the "For Hire" light was simply switched off.
The magistrates referred to the High Court the point whether for the purposes of Part 31, the drivers permitted their cabs to be hired at the time and place at which the customer was physically picked up. DPP argued that the hiring took place at the pick-up point. C submitted that the hiring took place once the driver ceased plying and had turned off the "For Hire" sign.
Held, dismissing the appeal, that (1) hiring was a matter of agreement between the customer and the driver. Whether or not hiring took place in an area where drivers were not licensed depended on what remained to be agreed between driver and customer in that area. Once terms had been agreed, the driver ceased to ply for hire, considering himself hired and contractually bound to pick up the customer, and (2) where nothing remained to be agreed then it was clear that hiring had taken place in the area where drivers were licensed. The allegations must therefore fail.
Judge: Rose, L.J.; Scott Baker, J.
Counsel: For the appellant: J. Carter Manning Q.C. and J Regden. For the first respondent: A. Scrivenor Q.C. and W Hibbert. For the second respondents: R. Beckwith Q.C. and C Pitt
Solicitor: For the appellant: CPS. For the first respondent: Charles Patel (Wokingham). For the second respondent: Michael Demidecki (London)
Legislation Cited
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