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PostPosted: Wed Apr 18, 2012 3:06 pm 
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Out of Town cabby hit with £600 fine for taking illegal journey

A TAXI driver has appeared in court and been slapped with a £600 bill for picking up a passenger when his cab was registered in a different county.

Christopher Jones took a fare from Swansea’s High Street to Mumbles — but his vehicle was registered in Powys and he was therefore only allowed to take booked journeys, not to ply for trade on the streets.

Jones, of Bay View Crescent, Brynmill, pleaded guilty to an offence under the Town Police Clauses Act 1847 — and was fined £100 and must pay almost £500 prosecution costs.

Swansea Council is now urging passengers to make sure any cabs they take are properly licensed — and therefore have the right insurance.

Swansea Magistrates’ Court heard that 41-year-old Jones picked up a passenger near the Talk of the Town club on High Street — but unbeknown to him, the passenger was a council licensing officer working undercover.

Sarah Thyer-Hughes, prosecuting, said the offence happened in the early hours of September 3 last year, when a team of Swansea Council licensing staff were on patrol in the city centre.

She told the court that cabs licensed outside the city and county were only allowed to accept journeys that had been booked in advance.

Jones, who represented himself at the hearing, said he was parked in High Street on the night in question and wrongly accepted the journey.

He said: “I was waiting for a job to come through on the system when I was approached.

“I have been vigilant since I made that indiscretion.

“I have been approached numerous times since then but have always turned the jobs down.”

Jones was fined £100 for plying for hire when he was not properly licensed to do so, and must pay £492 costs and £15 victim surcharge.

Following the court case, Swansea Council is urging passengers to make sure that taxis hailed in the street have licenses registered in Swansea.

Martin Saville, head of public protection at the local authority, said: “Vehicles licensed in other areas can legitimately pick up fares in Swansea but they are not licensed to ply for hire, they can only pick up fares that are pre-booked.

“If a driver of a vehicle licensed in another area picks up a fare in Swansea that is not pre-booked the driver and vehicle are not licensed for this purpose and there may be issues about whether the vehicle is properly insured.

“The Powys case relates to a driver plying for hire in Swansea and picking up a fare that was not pre-booked.”

He said that some “out of town” vehicles may look very similar to Swansea licensed vehicles but they will have different plates and stickers.

He urged prospective passengers to check the vehicle is properly licensed before getting into it.

Mr Saville added: “People using taxis are reminded that all Swansea taxis are black in colour and can be hailed in the street, pre-booked or be taken from a taxi rank.

“All Swansea private hire vehicles are white in colour and must be pre-booked through one of our licensed operators.”

source: http://www.thisissouthwales.co.uk/

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PostPosted: Wed Apr 18, 2012 6:59 pm 
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One has to wonder why the chap wasn't charge with driving uninsured.

:?

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PostPosted: Wed Apr 18, 2012 7:03 pm 
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Sussex wrote:
One has to wonder why the chap wasn't charge with driving uninsured.

:?


Maybe the council didnt know about the elusive Gateshead case :lol:

Of course Telford and Wrekin Borough Council v Ahmed and others....suggested similar?

CC

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PostPosted: Wed Apr 18, 2012 7:09 pm 
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But he was Insured to Carry people for Hire or Reward..and I guess a court case would have to based on an Insurance company defending its position in a somewhat grey area and at great legal costs.

It would be hard to prove he was not insured whilst all his policy probably states is that he is fully insured to carry out work for hire or reward in general for all of the UK.


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PostPosted: Wed Apr 18, 2012 7:21 pm 
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bloodnock wrote:
But he was Insured to Carry people for Hire or Reward..and I guess a court case would have to based on an Insurance company defending its position in a somewhat grey area and at great legal costs.

It would be hard to prove he was not insured whilst all his policy probably states is that he is fully insured to carry out work for hire or reward in general for all of the UK.

The judgement we can't get hold of, says an illegal hiring by a taxi means the vehicle is uninsured.

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PostPosted: Wed Apr 18, 2012 7:26 pm 
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Sussex wrote:
bloodnock wrote:
But he was Insured to Carry people for Hire or Reward..and I guess a court case would have to based on an Insurance company defending its position in a somewhat grey area and at great legal costs.

It would be hard to prove he was not insured whilst all his policy probably states is that he is fully insured to carry out work for hire or reward in general for all of the UK.

The judgement we can't get hold of, says an illegal hiring by a taxi means the vehicle is uninsured.



Its been requested from gatesheads legal team....no luck so far.

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PostPosted: Wed Apr 18, 2012 9:29 pm 
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This will make you all shout.... But if the taxi trade was being Green a hackney should be able to pick up a return fare back to there own district , just think of the dead miles we all do .especially air port work.


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PostPosted: Wed Apr 18, 2012 10:08 pm 
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no tips wrote:
But if the taxi trade was being Green a hackney should be able to pick up a return fare back to there own district , just think of the dead miles we all do .especially air port work.

And how do you match up the un booked vehicle from area A to the customers going to area A?

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PostPosted: Thu Apr 19, 2012 10:28 am 
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he could then go and sit on a rank and work that rank till he felt the need to go back to his own district its about time all hackneys were de regulated and able to rank anywhere all be tested to the same standards and be able to be checked by any licensing officer


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PostPosted: Thu Apr 19, 2012 10:42 am 
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markheaney2 wrote:
he could then go and sit on a rank and work that rank till he felt the need to go back to his own district its about time all hackneys were de regulated and able to rank anywhere all be tested to the same standards and be able to be checked by any licensing officer


Wouldn't that tend to swamp the best money making ranks with out of area cabs.

The chances of getting a long distance return to home journey out of sitting at a rank would be nigh on impossible, more so because you would need to cherry pick a run that suited your homeward journey needs... #-o


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PostPosted: Thu Apr 19, 2012 1:50 pm 
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markheaney2 wrote:
he could then go and sit on a rank and work that rank till he felt the need to go back to his own district its about time all hackneys were de regulated and able to rank anywhere all be tested to the same standards and be able to be checked by any licensing officer



I agree with a national standard and system of compliance testing BUT allowing Hackneys to rank anywhere would open up the floodgates. In some areas where there is a vibrant nightlife/clubscene could get flooded out with cabs and identifying drivers who overcharge or take advantage of their customers would become well nigh impossible giving the rogue elements of our trade a license to misbehave

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