Taxi Driver Online

I know this might be taken this to the extreme but if a private hire car has signage on the side of the doors saying not pre-booked not insured is the passenger also committing an offence if they allow the driver to take them knowing they have not pre- booked.

Stinton -v- Stinton and Another

23 Nov 1994
CA
Road Traffic
The MIB was not liable to a passenger who was aware that the driver had no insurance. The passenger was engaged in a joint enterprise with the driver.

We have discussed this before and mixed views were expressed.

My view is that in some cases punters could be complicit, but it would be a nightmare trying to gain a conviction.

Best keep the pressure on the driver.

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IDFIMH

Yes i agree, also after a few drinks its hard to walk never mind read what is written on the doors.

http://www.taxi-driver.co.uk/phpBB2/vie ... php?t=3615

Mr Thomas was the holder of licence to drive a private hire vehicle. On 1 July 2000, the vehicle he was driving was a licensed private hire vehicle with Terry's Taxis written on it. Mr Thomas was stationary outside the Ridgeway Arms public house, parked just off the road. Next to the public house was a restaurant. A passenger approached Mr Thomas and asked if he was free. Upon being told that the taxi was free the passenger entered and asked to be taken to another public house. The fare was indicated as £ 1.40 and before setting off Mr Thomas radioed in to his base to record the booking.

The local authority prosecuted Mr Thomas for plying for hire in a vehicle for which a licence to ply for hire as a hackney carriage had not been obtained. When the matter came before the magistrates' court (district judge) there was no evidence as to how long Mr Thomas' vehicle had been stationary. The district judge acceded to a submission of no case to answer holding that a booking had been made at the base station almost immediately the passenger had entered the vehicle; it was supported by documentation and the journey had been commenced after the booking had been made. So there was no evidence that the respondent had been plying for hire. The local authority appealed by case stated.

Held - allowing the appeal - there was a prima facie case to answer on the evidence. What took place after the passenger had entered the vehicle was neither here nor there and not relevant to the issue of 'plying for hire'.

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Some numpty police officers up here have said if the driver radios in the job then that is OK, the case law proves them wrong in fact we have told them they are wrong but its like speaking to a dead donkey.

Maybe we will get some joy tomorrow.

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Keeley v Pashen

INSURANCE-LIMITATIONS CLAUSES

HELD: That whether a clause was effective depended on the actual circumstances and limitations would be strictly construed so as not to disadvantage an innocent 3rd party.

http://www.bailii.org/ew/cases/EWCA/Civ/2004/1491.html

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Cheers CC

http://taxi-driver.co.uk/phpBB2/viewtopic.php?t=6593&highlight=singh

The question posed for the opinion of the High Court was whether, having convicted S of plying for hire, the judge was correct in law to convict him of driving without insurance and to reject the argument that Bernaldez was binding authority for the submission that S was at all material times insured for third party risks. S contended that, whilst he had no defence in domestic law, because s.143 of the 1988 Act had to be read in conjunction with Directive 72/166, Directive 84/5 and Directive 90/232, and in particular the case of Bernaldez, his insurance could not be annulled by an act of plying for hire that was in breach of a private hire licence.

HELD: The Directives in question did not have an effect on criminal liability for a domestic offence. The purpose of the Directives was to ensure that potential victims of road traffic accidents would be entitled to be provided for either by the insurer of a driver's policy or, if a driver was not insured, by the Motor Insurers' Bureau. The Directives had nothing to do with any possible criminal liability of drivers who did not comply with the policies of insurance which they had, Telford and Wrekin BC v Ahmed (2006) EWHC 1748 (Admin) applied, Clarke v Kato (1998) 1 WLR 1647, Silverton v Goodall (1997) PIQR P451 and Bernaldez considered.

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

The solihull case and the telford case that Alex posted was from a Sgt from merseyside police.I asked Alex to post it as i was unable to post it because my computer skills are limited in-fact all my skills are limited hence the reason why i am a taxi driver. below is a copy of the email i received from him

Thank you for your enquiry regarding the use of private hire vehicles in Merseyside. Merseyside Police in partnership with Liverpool City Council, the Licensing Authority for the controlled district of Liverpool, undertake on a regular basis Test Purchasing Operations. These operations are undertaken in the interest of public safety. The Police and Licensing Authority treat each case on its merits and may consider bringing proceedings in Magistrates Court for offences of Plying for hire contrary to Section 45 of The Town Police Clauses Act 1847Using a Vehicle without insurance contrary to Section 143 of The Road Traffic Act 1988. In addition further offences to be considered could include Taxi Touting which is a recordable offence. For your information I have attached 2 extracts of case law on this subject giving specific examples (See attached file: Case Law Solihull.pdf)(See attached file: Case LawTelford.pdf)

Roads Policing Department (Ops Planning)Smithdown Lane