Taxi Driver Online

Hiya trying to remember the law on touting i know its a criminal offence for even hacks to tout on public roads/places but is it the same on private land we have a situation here where some of my members were told by the l.O that they had to leave this private car park cos the p/h firm that has the free fone there were whinging ( makes a change cos its normally them scabbing outside pubs lol) anyway just wanna clarify this cos i want my members to know and act within the law


john

Do you have a rule saying once free go back to nearest available rank.

If not, then you can sit where you want.

If so, then just say you are resting.

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IDFIMH

Is it a criminal offence?

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Grandad,

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as far as im aware yes it is a criminal offence for even hacks to tout


john

We see touting of a different nature down here with (you probably have them as well) with promotion people usually hanging around a night club/bar. They stop the general public and usually hand them a leaflet with some sort of discount if you use that establishment - so the question is why are they allowed to get away with it as it is blatant "Touting" and yet we cannot.

The other point I would like to raise is - what is the actual definition of "Touting"? because to wait outside/near a night club/bar does not appear to be a "touting", it only becomes touting (as I see it) when you approach A.N.other verbally or gesticulate.


One definition that I have come across seems to say exactly the above.

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if you cannot be yourself, then who can you be.

Apart from ticket touts I think it generally only applies to vehicles and it must be done in a public place.

"it is an offence, in a public place, to solicit persons to hire vehicles to carry them as passengers."

As regards the specific query, I suspect the difficulty lies in whether or not the location in question is a public place.

The legislation actually defines a 'public place' thus:

“public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access (whether on payment or otherwise)

Which is probably why touting isn't allowed in the scenario described at the top of the thread.

http://www.legislation.gov.uk/ukpga/199 ... ts/enacted

This is the point that I have been trying to make.

It seems to hinge on as to whether you/I have actually approached/initiated or gesticulated a potential customer that our services are available! If you/I are parked up resting, (hire light off!), and are approached for the purposes of hire, then I do not think that the accusation of soliciting/touting could carry much weight..................or am I wrong?

P.H might have a different slant because they have no hire light to say they (technically) are not working.

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if you cannot be yourself, then who can you be.

As long as you're merely sitting passively in your car you can't be touting.

And where you're sitting, whether your light is on or not, or whatever signage you may have doesn't really matter as regards touting - you're either pro-actively soliciting customers or you aren't - but those other factors may be relevant as regards PH plying for hire.

HC supposed to return to rank ability to stop if flagged en route

PH supposed to return to office ability to divert if given a pre booked job en route.

Since when?

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IDFIMH

It's not just the activities, or not as the case may be, of the driver that is the only issue, but what the general public think.

A driver maybe sitting passively, but if his vehicle attracts custom then that's touting.

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IDFIMH

Since PH was introduced, get yer law book out and get educated, still can't expect a newbie like you to know of such rules.

Plus any office is supposed to have parking for all cars affiliated to it, something else shoved under the carpet in recent years in the name of Barondome.

I'm going to be a royal pain once the new rules are drawn up, what I don't agree with I'm going to force the council into court to prove illegal, as I don't have to worry about this as an income anymore it's now a play thing to me, I'm even considering becoming a councilor, and those that shamed and disgraced others before won't be able to do it with me because of my mindset, others allowed their corrupt ways to unfairly remove ppl, I have the perfect mirror to this using the same tactic in reverse, good for the goose.

Bravo that man



john