Taxi Driver Online

I am of the opinion that Hackney Carriage Drivers are exempt from wearing a seat belt when undertaking work, even when there is no passengers in the vehicle - unlike PHV.

This when the vehicle is clearly plated as a Hackney Carriage

Police officer has issued my colleague with a ticket for not wearing his seatbelt. Please can somebody give me the relevent legislation that states we are exempt, so that this ticket can be dismissed.

Please help.

Many thanks.

Not sure of the relevant law but google will soon cough it up.

This will be interesting point.

Cos I have always wondered how a hack out of district would be regarded legally.

I heard of one case near Heathrow being suggested several years back, but I gather the Police went for the 8 clear cut motoring offences on the same vehicle instead.

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A member of the Hire or Reward Industry

You are only exempt inside your licensing area, if you go outside your licensing area you must wear your belt, I came a croper a few months ago with a young copper who was trying to earn his stripes. We all tend not to wear them when we go outside our area it just depends on the coppers on the night.

this is what i found:

Exemptions from seat belt wearing
The legislation provides for a number of specific exemptions from the seat belt wearing requirements on medical and other grounds. Please consult your doctor if you think you should not wear a seat belt on medical grounds.
As for the others these include:-

"(b) a person using a vehicle constructed or adapted for the delivery of goods or mail to consumers or addressees, as the case may be, while engaged in making local rounds of deliveries or collections;

(c) a person driving a vehicle while performing a manoeuvre which includes reversing;

(d) a qualified driver (within the meaning given by regulation 9 of the Motor Vehicles (Driving Licences) Regulations 1987) who is supervising the holder of a provisional licence (within the meaning of Part III of the Act) while that holder is performing a manoeuvre which includes reversing;

(e) a person by whom, as provided in the Motor Vehicles (Driving Licences) Regulations 1987, a test of competence to drive is being conducted and his wearing a seat belt would endanger himself or any other person;

(f) a person driving or riding in a vehicle while it is being used for fire brigade or police purposes or for carrying a person in lawful custody (a person who is being so carried being included in this exemption);

(g) the driver of—
(i) a licensed taxi while it is being used for seeking hire, or answering a call for hire, or carrying a passenger for hire, or
(ii) a private hire vehicle while it is being used to carry a passenger for hire;

(h) a person riding in a vehicle, being used under a trade licence, for the purpose of investigating or remedying a mechanical fault in the vehicle;

(j) a disabled person who is wearing a disabled person's belt; or

(k) a person riding in a vehicle while it is taking part in a procession organised by or on behalf of the Crown."

..................

doesn't say anything about inside or outside your licence area.
personally i always wear it. and i usually ask the passengers to wear it as well.

You are right, and the police are wrong. It also doesn't matter were you where when you got the ticket, providing you were working.

Appeal the decision stating the Motor vehicles (wearing of seat belts) regulations 1993, Road Traffic Act 1988.

Or ask your licensing officer to ring the police, and point out to them the law of the land.

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IDFIMH

I've heard it said as well that the exemption doesn't apply when you are out of area.

Maybe the rule can only apply in your area, at least for the first two exemptions,, since you can't seek hire outside your area, and it might be unreasonable to say that you can be answering a call for hire if you are not in your area.

Maybe there are some legal cases on the subject?

By the way, what do private hire drivers actually do? Take your belt on and off, wear it all the time, or just not wear it?

They do the exact same thing as the HC boys, well at least one does.

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IDFIMH

North of Fife,south of Forfar,private hire drivers/operators,by law,must wear seatbelts,unless they are carrying passengers.
Hackney is different,thay do not require to belt up,although it is better to wear your seat belt,if you are outwith the city boundary after dropping off a fare and returning to the city.

i have just rung york taxi licencing about this i am a PH driver and they seem to think you are covered by the seat belt exemption out of area, person i spoke to was unsure but she is gonna ge back to me about it (i will post what is said about that) also i wouldnt believe what a copper said about legal matters they arnt all clued up, they just think they are i have been a HGV driver in the past and heard of driver getting done for stuff when they wernt breaking the law ie tachograph infringments on them there are areas that legally have to be filled in some that dont, a driver got done for one of these so called infringments pleaded guilty and got fined but had he pleaded not guilty it would have been slung it out of court

I forgot to suggest that if you are a member of the AA or RAC, then they will sort out any legal stuff for you.

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IDFIMH

I understand the T&G is good on this, CTN says so.

But the others are hopeless


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

My partner was stopped this evening on the way to a pick-up PH. the officer told her that she was not allowed to contact base to inform the customer that she would be late. and was made to wait while a full inspection of the vehicle was given. After they found that there was no fault they decided to give her on the spot fine for failure to wear her seat belt. Obviously have quotas to meet.
At least the real criminals had a free reign to do as they wish.

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spot on cabs Cornwall

Having now read the regulations several times, it does not state anywhere "in your area" So unless you are a mind reader it seems to me that a HC don't need to wear one at all and a PH needs one except whilst carrying passengers.

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Grandad,

I was done a couple of years ago for not wearing one, i was just outside our operating district (ph).
As i understand it a hac doesnt need one at any time within his district, a ph doesnt need one providing he is hired.
Both need one out of area.

But i could be wrong!

The wording of the regulation is difficult to tie in with the licensing rules.

For example, if you look at the regulation as it relates to a taxi then there's an exemption when seeking hire (presumably plying for hire) thus you can only do this in your own area.

I suppose that even if you're out of area in an HC you may have a job waiting when you get back in which case you're exempt as "answering a call for hire", however if there's no job waiting for you then the belt should be on.

However, I could see there being a lot of confusion in practice over the rule, and I wouldn't be surprised if police construed it as saying that if you're out of area without a passenger then you must the belt on.

As for the rationale for these various rules, I can't really think of one

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