Sussex wrote:
I think it would be very hard to defend if a driver pulled onto a rank, saw a WAV customer and drove off. However I think it would be very hard to prove discrimination if the custosmer tried to <a href="http://www.ntsearch.com/search.php?q=flag&v=56">flag</a> a cab down, and was refused.
lol Sussex how about this?
The terms of reference for accepting a hire was defined in a <a href="http://www.ntsearch.com/search.php?q=legal&v=56">legal</a> case, which I think took place back in the 60's. I think it was a <a href="http://www.ntsearch.com/search.php?q=London&v=56">London</a> Cabby who was taken to court for not stopping when flagged down even though he had his hire light on. For those who don't already know the Terms of reference are as follows.
The Judge stated, it matters not whether a hire sign is lit, A hiring only becomes an accepted hire when the driver of the vehicle makes a conscious effort to stop for the person who is actually flagging down the Taxi.
The customer, by indicating in some way that he wishes to hire the vehicle in question makes the initial offer of a contract. The Taxi seals that contract when he stops to pick up the person offering the contract.
So, in effect the Judge was talking about a contract between two parties. First comes the offer and second comes the acceptance. The punter makes the offer by sticking out his hand and the Cabby accepts the offer when he stops.
That is the only <a href="http://www.ntsearch.com/search.php?q=legal&v=56">legal</a> definition of a hire, when plying for hire on a public highway. Plying for hire on a public Taxi rank, is of course a different kettle of fish.
The moral is that you can drive past anyone you like with your light on or off and unless you make a conscious effort to stop, they can't do a thing about it.
Best wishes.
JD
Another London case deemed a cab that is actually stationary due to traffic flow, at traffic lights, is deemed to be moving and an attempted hiring under these conditions can be refused.