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PostPosted: Sat Dec 04, 2004 3:59 pm 
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Yorkie wrote:
Am I right in saying the principles in this case are under the Metropolitain cab act?

Yes. The London Hackney Carriages Act of 1831, Act 1843, act of 1853, Act of 1968.

“A Cab driver is not, however, under an duty to accept a fare if he is hailed whilst his cab is in motion (Hunt v. Morgan (1949) 1 K.B. 233)”

Rex v. Hunt' (1954) Was a clarification as to what constituted motion.

Yorkie wrote:
am I right in thinking magistrates can change from higher court but must refer it to higher court?


On this particular case I can’t see why as there is not any room for misinterpretation.

Yorkie wrote:
you cannot judge a case until you have seen it and there are streems of new law since 54


There may have been streams or even reams of new laws since 1954 and more since 1831, for that matter, but what specific law has overturned the previous precedents Yorkie? We can't make it all up as we go along can we!

Yorkie wrote:
think you have a long way to go on this one Claude, a very long way to go.


It ain’t that far from me Yorkie. The Royal Court of Justice ( Court Of Appeal) and the House of Lords is just up the road from me. I could walk it.

Claude

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PostPosted: Sat Dec 04, 2004 8:47 pm 
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Yorkie wrote:
Am I right in saying the principles in this case are under the Metropolitain cab act?


A cab under the london cab act is the same as a cab under the 1847 act.

Quote:
am I right in thinking magistrates can change from higher court but must refer it to higher court?


The magistrates have to obey precedents laid down by a higher court.

Quote:
you cannot judge a case until you have seen it and there are streems of new law since 54


The ruling in question has never been departed from or tested under any other circumstances. In fact the ruling in question is about contract law and if you know the legal framework of how contract law is applied the judgement is quite straight forward.

Quote:
think you have a long way to go on this one Claude, a very long way to go.


Claude is spot on, I'm surpried you can't see what everyone else can plainly see.

http://www.sable.co.uk/taxi/faqs.asp

Best wishes

JD


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PostPosted: Sat Dec 04, 2004 9:24 pm 
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I'm still of the view that if a cab drove past a wheel-chair user, yet picked up an able-bodied person down the road, then he could well be in breach of the DDA. :-k

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PostPosted: Sun Dec 05, 2004 4:58 am 
Sussex wrote:
I'm still of the view that if a cab drove past a wheel-chair user, yet picked up an able-bodied person down the road, then he could well be in breach of the DDA. :-k


at last common sense is breaking out!

the law is applied on the law of taday and attitudes of today.


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PostPosted: Sun Dec 05, 2004 6:16 am 
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Sussex wrote:
I'm still of the view that if a cab drove past a wheel-chair user, yet picked up an able-bodied person down the road, then he could well be in breach of the DDA. :-k


And if a cab drove past an able bodied person and picked up a wheelchair passenger would that be discrimination against the able bodied person?

What if you drove past a black person or asian or chinese or irish or scots or a women? would all they be discriminated against, to?

It was you Sussex who introduced the scenario of driving past a wheelchair bound person and immediately picking up a non wheelchair bound person. The actual thread was based on the law with regards to a moving cab picking up wheelchair bound people. As it stands you don't have to, you can drive past anyone with your light on and you don't have to pick them up. Until we get a law that says otherwise the present case law will apply, its as simple as that.

Best wishes

JD


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PostPosted: Sun Dec 05, 2004 9:13 am 
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JD wrote:
Quote:
As it stands you don't have to, you can drive past anyone with your light on and you don't have to pick them up. Until we get a law that says otherwise the present case law will apply, its as simple as that.


Well you learn something new every day. I certainly was under the impression that a hackney vehicle did have to stop if someone flagged them, or is that just in LOndon or am I wrong there also? :oops:


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PostPosted: Sun Dec 05, 2004 12:30 pm 
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JD wrote:
Sussex wrote:
I'm still of the view that if a cab drove past a wheel-chair user, yet picked up an able-bodied person down the road, then he could well be in breach of the DDA. :-k


And if a cab drove past an able bodied person and picked up a wheelchair passenger would that be discrimination against the able bodied person?

What if you drove past a black person or asian or chinese or irish or scots or a women? would all they be discriminated against, to?

It was you Sussex who introduced the scenario of driving past a wheelchair bound person and immediately picking up a non wheelchair bound person. The actual thread was based on the law with regards to a moving cab picking up wheelchair bound people. As it stands you don't have to, you can drive past anyone with your light on and you don't have to pick them up. Until we get a law that says otherwise the present case law will apply, its as simple as that.

Best wishes

JD


Absolutely right.

It always amazes me how these threads move away from the original question / answer.

I don’t think anyone has said it is right to deliberately pass a disabled person by and favour an able bodied passenger. Mind you there is a lot more to be said on this issue.

This business of stopping or trundling past a person is riddled with problems. One cannot inhabit another’s mind and know what they observe or what passes them by.

I have had lots of hailings that I missed with my attention being taken by some other event. Sometimes I have just caught the hail at the last minute that is after the punter has given me a V sign. The embarrassment is written on their faces when I have stopped and told them I hadn’t seen them, at first.

Also I, and some others, adopt the policy of stopping for the first person who puts their hand up and sometimes this means passing by a punter who belatedly puts up a hand but is nearer to the cab. I would not use this practice if the first person was obviously disabled.

Also some punters deliberately walk in front of another to steal a march on the first punter.

As I say fraught with problems

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PostPosted: Sun Dec 05, 2004 2:34 pm 
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Quote:
I have had lots of hailings that I missed with my attention being taken by some other event. Sometimes I have just caught the hail at the last minute that is after the punter has given me a V sign. The embarrassment is written on their faces when I have stopped and told them I hadn’t seen them, at first.


Sorry to get off issue, but its particuarly funny when your hailed by people who are completely drunk and youve got passengers on board.

Wave back at them like me, its only polite :lol:

regards

Captain cab


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PostPosted: Sun Dec 05, 2004 7:17 pm 
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JD wrote:
It was you Sussex who introduced the scenario of driving past a wheelchair bound person and immediately picking up a non wheelchair bound person.

I know I introduced it because I disagree with the point saying that nothing has changed since the 50's.

I happen to believe the DDA has changed things, providing that a case can be proved.

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