rank etiquette...

wannabeeahack · **Posted:** Sun Sep 19, 2010 5:29 pm

jimbo wrote:

captain cab wrote:

Never has a website had so many retards. :lol:

CC

You could be right, CC.

not many have it as a joining requirement though......PMSL

jimbo · **Posted:** Sun Sep 19, 2010 6:11 pm

wannabeeahack wrote:

jimbo wrote:

captain cab wrote:

Never has a website had so many retards. :lol:

CC

You could be right, CC.

not many have it as a joining requirement though......PMSL

You can get pants for that nowadays.

jimbo · **Posted:** Sun Sep 19, 2010 6:17 pm

skippy41 wrote:

There is none, law says a punter can take any cab they want off a rank, its only by agreement between drivers that 1st off the rank works

BTW I would not get in with you your ugly :lol:

Where does the law say that Skippy?

jimbo · **Posted:** Sun Sep 19, 2010 6:19 pm

Brummie Cabbie wrote:

Sussex wrote:

jimbo wrote:

Two cabs whipped away with jobs in when I was front car today, on the rank. When I caught up with one of them he said he "had'nt seen me" :roll:

should've gone to specsavers?

Do you not have hackney carriage by-laws in your manor?

No such thing with regard to so called 'rank etiquette', in fact the contrary is the case.

Firstly, the passenger can choose whichever cab they wish from a rank.

And secondly & most importantly, if you are 5th turn & a passenger comes to you & you point them to the first cab on rank, you have 'refused to drive', contrary to Section 53 of The TPC 1847.

Have you READ section 53?

jimbo · **Posted:** Sun Sep 19, 2010 7:35 pm

The Town Police Clauses Act 1847.

Section 53.

"Penalty on driver for refusing to drive"

53. "A driver of a Hackney Carriage standing at any of the stands for Hackney Carriages appointed by the commissioners, or in any street, who refuses or neglects, WITHOUT REASONABLE EXCUSE, to drive such carriage to any place within the prescribed distance, or the distance to be appointed by any BYELAW of the commissioners, not exceeding the prescribed distance to which he is directed to drive by the person hiring or wishing to hire such carriage, shall for every such offence be liable to a penalty not exceeding (f37 level two on the standard scale)."

The bold on without reasonable excuse is mine.

The reasonable excuse for "refusing to drive" and referring an intending passenger(to the first cab on the rank) would be section 68 of the same act.

68."The commissioners may from time to time (subject to the restrictions of this and the special act) MAKE BYELAWS for all or any of the following purposes following; (that is to say,)

For regulating the conduct of the proprietors and drivers of hackney carriages plying within the prescribed distance in their several employments, and determining whether such drivers shall wear any and what badges, and for regulating the hours within which they may exercise their calling:

and so on, and so forth.

Section 53 states therefore "without reasonable excuse" the reasonable excuse would therefore be the byelaws posted under section 68 that (in Lincoln) foremost on the stand.

That applies in Lincoln. Check your own byelaws (not conditions of licence, a different kettle of fish)

So. In LIncoln the LAW states, First cab on the rank. FACT.

Mr Motivator · **Joined:** Tue Jun 15, 2010 1:44 am **Posts:** 8

Just to put some balance on this I was the ''other driver'' that jimbo refers to.

What actually happened was Jimbo moved his taxi to the front of the rank, I was 2nd cab. this left a gap of approxiamately 15yds.

A train had arrived at this point and a number of taxis were being hired and leaving the rank. I saw a customer with suitcase walk past me towards jimbos taxi whilst this was happening nine men (all together) wanted to get two taxis, i asked them to wait until the guy with the suitcase had made it clear he wanted a cab, jimbo preceeded to open his taxi rear door.

At this point I told the guys ok you can get in 5 in my cab and 4 in the one behind me. As i got in and started to move I looked forward and jimbos 'customer' had walked off, i gestured to jimbo if he wanted them and he did not respond. As I was halfway across the road I felt it safer to carry on.

The job was only upto a local pub for the princely sum of £4.40 plus 60p tip. As this was the case I felt it better to just move on.As for the driver behind me i do not know.

Im sure all of us have experienced this at some point, only thing is I have done this to the front car twice this week. I apologised to the driver in that instance.

Its a hard one to gage as when the first cab is talking to a punter the next punters just want to get in and get away.

Jimbo has issues with me and hence the constant harrasment I receive on the rank from him.

skippy41 · **Posted:** Sun Sep 19, 2010 8:09 pm

jimbo wrote:

skippy41 wrote:

There is none, law says a punter can take any cab they want off a rank, its only by agreement between drivers that 1st off the rank works

BTW I would not get in with you your ugly :lol:

Where does the law say that Skippy?

In the 1982 act, and according to our council and the Scottish justice secretary, its the punters prerogative, I forgot you live in the land where time stood still or commonly known as the dark ages, where the rules are still scribed on a slate

Brummie Cabbie · **Posted:** Sun Sep 19, 2010 8:16 pm

cabby john wrote:

Quote:

And secondly & most importantly, if you are 5th turn & a passenger comes to you & you point them to the first cab on rank, you have 'refused to drive', contrary to Section 53 of The TPC 1847.

I cannot see that being construed as a refusal! All you done in the interests of etiquette/cordiality and for that matter law and order, is to point a customer in a helpful manner to a cab that will take them. In the event of the cab infront not taking them i.e (fare not big enough) I still feel that a refusal would be in order to make the driver take the fare as he/she is acting in an unlawful manner and that you/I are trying to rectify the matter.

Do not forget the spirit of the law/bye law intended, as it is not all black and white.

Brum has no such bye-law prohibiting a driver taking a hiring from the middle or back of a rank.

I would like to know if the bye-law described above whereby every driver cannot take a hiring unless they are first turn on rank is actually in the model bye-laws at the DfT.

I very much doubt it is as it could be construed as a restriction on trade.

captain cab · **Posted:** Sun Sep 19, 2010 8:18 pm

http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?t=6688&highlight=repugnant

CC

Brummie Cabbie · **Posted:** Sun Sep 19, 2010 8:23 pm

jimbo wrote:

Brummie Cabbie wrote:

Sussex wrote:

jimbo wrote:

Two cabs whipped away with jobs in when I was front car today, on the rank. When I caught up with one of them he said he "had'nt seen me" :roll:

should've gone to specsavers?

Do you not have hackney carriage by-laws in your manor?

No such thing with regard to so called 'rank etiquette', in fact the contrary is the case.

Firstly, the passenger can choose whichever cab they wish from a rank.

And secondly & most importantly, if you are 5th turn & a passenger comes to you & you point them to the first cab on rank, you have 'refused to drive', contrary to Section 53 of The TPC 1847.

The Byelaw was made under section 68 of the TPC act 1847 and section 171 of the public health act.

So, which is the "force majuere" in your opinion, section 53, or section 68?

My question was how old are the bye-laws. What date is at the end of the bye-laws on the last page?

Each of the sections quoted is applicable, but I doubt if that bye-law were presented to the DfT laywers for approval in today's times that it would be acceptable.

Brummie Cabbie · **Posted:** Sun Sep 19, 2010 8:24 pm

jimbo wrote:

Brummie Cabbie wrote:

jimbo wrote:

Sussex wrote:

jimbo wrote:

Two cabs whipped away with jobs in when I was front car today, on the rank. When I caught up with one of them he said he "had'nt seen me" :roll:

should've gone to specsavers?

Do you not have hackney carriage by-laws in your manor?

"BYELAWS" made under the town police clauses act 1847...
...with respect to Hackney Carriages in the City of Lincoln.

7 (e) "If his carriage is stationed on a stand, not accept any offer from a member of the public to hire his carriage, unless his carriage is stationed in the foremost position on that stand"

The secretary of state this day confirmed the foregoing byelaws and fixed the date on which they are to come into operation as the 9th day of July, 1976.

N.B. FAO Skippy41 et al, BYELAW, not condition of Licence.

What date were those bye-laws adopted by your full council?

Adopted by the council, 12/5/1976.

And by the secretary of state 9/7/1976.

And have never been repealed, which would take an act of parliament.

But they could be superseded or updated.

Brummie Cabbie · **Posted:** Sun Sep 19, 2010 8:27 pm

jimbo wrote:

cabbyman wrote:

Is a byelaw capable of over reaching an Act of Parliament?

There appears to be a conflict between the 1847 Act and the byelaw.

"BYELAWS made under Section 68 of the town police clauses act 1847 and section 171 of the public health act 1875 by the council of the city of Lincoln with respect to Hackney Carriages in the City of Lincoln."

The byelaws were MADE by an act of parliament, there is no conflict.

That may have been the process in 1976, but not now.

Brummie Cabbie · **Posted:** Sun Sep 19, 2010 8:33 pm

Mr Motivator wrote:

I gestured to jimbo if he wanted them and he did not respond. As I was halfway across the road I felt it safer to carry on.

And if Jimbo had said he did want the customers, technically he could have been guilty of an offence.

captain cab · **Posted:** Sun Sep 19, 2010 8:34 pm

Mr Motivator wrote:

Just to put some balance on this I was the ''other driver'' that jimbo refers to.

What actually happened was Jimbo moved his taxi to the front of the rank, I was 2nd cab. this left a gap of approxiamately 15yds.

A train had arrived at this point and a number of taxis were being hired and leaving the rank. I saw a customer with suitcase walk past me towards jimbos taxi whilst this was happening nine men (all together) wanted to get two taxis, i asked them to wait until the guy with the suitcase had made it clear he wanted a cab, jimbo preceeded to open his taxi rear door.

At this point I told the guys ok you can get in 5 in my cab and 4 in the one behind me. As i got in and started to move I looked forward and jimbos 'customer' had walked off, i gestured to jimbo if he wanted them and he did not respond. As I was halfway across the road I felt it safer to carry on.

The job was only upto a local pub for the princely sum of £4.40 plus 60p tip. As this was the case I felt it better to just move on.As for the driver behind me i do not know.

Im sure all of us have experienced this at some point, only thing is I have done this to the front car twice this week. I apologised to the driver in that instance.

Its a hard one to gage as when the first cab is talking to a punter the next punters just want to get in and get away.

Jimbo has issues with me and hence the constant harrasment I receive on the rank from him.

So lets get this right.

Jimbo was the first cab and you were the second?

What issues?

Why do people talk in riddles?

Why did 'Soap' finish?

For the answer to this and other questions, please tune into the next episode.

CC

Brummie Cabbie · **Posted:** Sun Sep 19, 2010 8:41 pm

captain cab wrote:

http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?t=6688&highlight=repugnant

CC

I accept all that.

My point is that if such a bye-law were proposed in today's time, I doubt it would be acceptable to the lawyers at the DfT.

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