Taxi Driver Online

Good morning, a new member here but familiar on other motoring and transport fora, being a private hire (car) and bus operator in Shepway/Folkestone area.

i live in a small town where there are only 2 taxis, and about 8-10 private hire cars. All are owner/operators, with the big radio circuits staying in Folkestone and Hythe, between 12 and 16 miles away.

Trade has been quiet as in most places, but we've had a couple of new ph operators start up. The scenario now seems to be one of the taxis sitting in the High Street taking bookings and directly passing them to the new ph car sitting almost directly behind them. Is this touting under the Act? It would appear the ph drivers also take work directly from anyone passing who happens to ask.

Sometimes there are up to 4 cars (including the alleged errant taxi) apparently forming a rank opposite the only busy pub in the area most evenings, usually parking on a restricted bus stand, correctly labelled as "BUSES" with compliant signs and Traffic Order.

Complaints have been made to the licencing officers and Kent Police (whose attitude is "it's not our business, don't report it anymore"). It's not only me that's complaining; the other taxi driver has been more or less forced out of town because of this and other ph operators have also suffered loss of business. None of us mind fair competition, but this is getting silly.

The other question is, is the taxi driver allowed to park anywhere on the road and ply for hire? There are no taxi ranks as such in the town; the general view is that he cannot, and must drive around waiting to be hired. What is the law on this? I am aware that ph cars should not park on the street waiting for bookings. what law does that come under as I can't seem to find that specifically mentioned in the Local Government Act.

traffic commissioners maybe?

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

Traffic Commissioners only usually deal with PSVs and HGVs. Private hire and taxis are dealt with by the local authority for what they're worth.

Anyone taking a booking that eventually ends up being fulfilled by a PH needs a PH operator's license issued by the same area as the PH vehicle. Be that a taxi driver or an elephant.

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IDFIMH

You need to complain a bit louder then.

Anyone who tells me to be quiet often ends up with a lot more work to do, and it's amazing how many FoI Act requests one can send.

And of course the local press love stories like this.

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IDFIMH

The law will be what's in the local by-laws.

Many councils have a 'return to the nearest rank' condition, which would solve your problem. But any taxi sitting/waiting for work in a public place, whilst not on an approved rank, is touting. And that's illegal.

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IDFIMH

There's little in our local bye-laws about that; the nearest cab rank is in Hythe, some 10 miles away. I heard from someone in the LPHCA that a taxi can ply from hire from a rank, be hailed while on the move, or booked by phone, but cannot just park somewhere and wait for work. town police Clauses Act 1847 maybe?

I tend to shout very load and the Shepway FoI department is kept rather busy!

I would also introduce them to section 167 of the 1994 CJ Act.

http://www.legislation.gov.uk/ukpga/1994/33/section/167

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IDFIMH

Really?

I think any court would find that very hard to prove.

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Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

Fully introduced, with ALL the words intact.

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

When was Section 38 of the Town Police Clauses 1847 amended?

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

All it needs is an LO or policeman to go up and ask if he is available.

Or some folks with recording equipment that will make a statement and attend court.

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IDFIMH

This is a fact...
A Punter asks a PH to take him from A to B while he is sitting at the road side. the PH drivers asks him and writes down the Date, Time,there location ,& destination and his name,,or can be by text . this now a pre booked Booking and is LEGAL. there is no time limit for when a pre booked booking is taken for a PH driver.

not QUITE correct

the driver would need to be an Ops licence holder to do as you suggest legally i think not just A private hire vehicle...its the operator who needs to take the booking although in your scenario if the driver passed the details to his base it could be legal,,,maybe......

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Of all the things ive lost, i miss my mind the most

You didn't say that in you original post!!

I totally agree with what you have written in this quoted post, but are you taking lessons from the Tories now?

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.