Taxi Driver Online

Section 53 states that you can only refuse passengers if you have a 'reasonable excuse'.

Since there doesn't seem to be any specific case law on what 'reasonable excuse' means in this context, unless decided in a court of law in the meantime it must come down to how your LO and/or your licensing committee interpret it.

At a rough guess I would say that it's unreasonable to refuse people who have a pizza in a box (say), but reasonable if they are scoffing an open kebab and clearly would continue to do so while in the taxi.

Perhaps you could ask your LO to clarify in writing the circumstances under which it would be reasonable to refuse a passenger with regard to the consumption of food, and how he comes to this interpretation under s. 53.

If he says it's never reasonable to refuse anyone with regard to food then he's probably being unreasonable!

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Taxi Driver Online
www.taxi-driver.co.uk

I would write to the Chief Executive asking him to put into writing all his LO has said to you. Quoting the acts etc etc.

Or better still get your local press to do a story.

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IDFIMH

The words he told me were. you cannot refuse, Section 53., if the food is wrapped, eg, fish and chips in paper, a kebab box thats closed, if it's not wrapped ie, open to the elements, you can ask them to put it in the boot, carry some carry bags for this purpose, if they still refuse to put it in the boot, you still must now take them, with the food in the cab.

If they start to eat the food you just terminate the journey. he said.

I think someone is trying to make up there own rules here, how about insurance purposes, could this affect my insurance, I know it sounds daft but could it, eg. they slip on the food getting out the cab, who knows,

I would write to the Chief Executive asking him to put into writing all his LO has said to you. Quoting the acts etc etc.

I'm going to later on, write up a letter, thanks

If that's the case then I don't really think your LO is being that unreasonable.

I think it depends on the cirmumstances, but a pizza in a box is unlikely to cause damage, whereas a kebab wrapped in paper often has chilli sauce leaking out of it, and that can stain.

Personally I just don't like food at all, because even if they say then won't eat it they quite often do, and halfway through the journey it's often better to say nothing rather than cause a lot of time and hassle for yourself.

But if you reject any and all food then I suspect you are on a sticky wicket.

But it would be interesting to hear what the likes of Worthing would say on the issue if punters can complain about food smells in cabs - vinegar can hang around for hours, for example.

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Taxi Driver Online
www.taxi-driver.co.uk

of course if you accept some, you'll have a sticky seat!

regards

Captain cab

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

Talking of sticky? it reminds me of the time I painted the bathroom when the wife was at work, I thought I'd be clever and paint the toilet seat at the same time.

The wife came home sooner than expected, used the toilet and got the seat stuck to her backside. She was understandably distraught and asked me to drive her to the doctor. So we put a large overcoat on to cover the seat before we went. When we got to the doctor's office, I lifted the wife's coat to show him her predicament, I then asked the "Doctor if he'd ever seen anything like this before?"

"Well, yes," the doctor replied, "but never framed."

Now if you beleive that, you'll believe anything? lol

Best wishes

JD

But if you reject any and all food then I suspect you are on a sticky wicket.


well this as certainly got some York cab drivers backs up now, the taking of food, those 6 cab drivers who made the complaint have cause quite a stir, since my meeting in front of licensing there is some kinda meeting tomorrow of hacks of the commitee, most of the cabs won't have food anyway near their motors

we must be the only cab area to have internal taxi policemen sat in hack cabs on ranks, what is now starting to happen is cabs are pulling off the rank, with oh gotta radio job or phone job, or sorry gotta pick up my daughter, when the passenger shows up with food, so the cab behind get the stuff, worra laugh, some back stabbers seen to be taking em,but don't like it, but I have also seen them pull off,

It's backfired on them, he he he

Welcome to York Pride and taxis stinking of kebabs.

ps. could some one tell me, when I was in the LO's office he switched on a tape recorder as I arrived [think], he had it in his hand and left it on a desk near us, surely I should have been cautioned about that devise if it was used, your thoughts.

I cannot comment on an officers right to tape, sorry I dont know, however in guidelines this is the taping proceadure

1 You must be aware you are being taped.
2 You should be read a caution,you dont have to say anything, but it will harm your case iff..................................
3 you should choose a tape from at least 2 twice
4 you should watch as the tape is taken from its cellophane
5 2 tapes should be made and offered to your solicitor if he asks.even if its a later date.
6 you should always be offered the right to have representation
7 you should be asked your name and address and why you are being interviewed on the tape.

I find your ignorance of what happened disturbing, clearly yopu did not know what the hell was happening or your rights, and you should complain to your councillor or MP, CERTAINLY TRADE GROUP OR UNION.

I find your ignorance of what happened disturbing, clearly yopu did not know what the hell was happening or your rights, and you should complain to your councillor or MP, CERTAINLY TRADE GROUP OR UNION.


Yorkie, thanks for that, I may have been ignorant at the time of going into the interview, as I really was going into the unknown with other thoughts of what's it all about, it wasn't untill I came out that I thought about the tape device, I have nothing to hide, says me, I am aware that the Tax office use the same, recording device when you are under investigation, they went about it in the same way, not saying anything to me re the recording.

I am in the process of constructing a letter, just waiting a few days to see if an official letter comes first from the LO, I have been advised that I must ask the LO for any tape recording, if I was taped, to be sent a copy.
I have taken advice that the LO has conducted this interview without the proper procedures and that the complaints are not legal to be used in a court of law, to which are to be kept on file, if and when a further taxi violation is commited under section 53.

I also have been informed that when I put my letter to the LO for all the docs to be sent to me I have to ask for the offence original details as sent in by the MEMBER OF THE pUBLIC, apparently it is not accepted from other taxi drivers
I will further this when my letter is answered from the council

He should have cautioned you.

But you are entitled to a copy of that tape, so I would write to the council's Freedom of Information Officer requesting a copy.

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IDFIMH

Isnt there a section of the 1847 act that will permit you compensation should you be found innocent?

and wont the drivers who reported you be liable to pay for you?

hehe

Justice? we wait and see

regards

Captain cab

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

There is a section that says drivers can be prosecuted if claims are deemed to be without foundation.

I think Mr Highwayman should copy the 1847 Act, and give it to those that grass.

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IDFIMH

But the essential point at issue is when it's unreasonable to refuse a passenger, particularly in relation to the carrying of food.

But clearly there seems to be more to this than the fundamental question at the centre of it all.

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Taxi Driver Online
www.taxi-driver.co.uk

Just eat it yourself.
End of problem.