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 Post subject: Re: Plying for hire
PostPosted: Tue Aug 07, 2012 8:02 am 
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no tips wrote:
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.

I think it would be very hard for a council to prosecute under the above circumstances.

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 Post subject: Re: Plying for hire
PostPosted: Tue Aug 07, 2012 8:05 am 
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Sussex wrote:
no tips wrote:
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.

I think it would be very hard for a council to prosecute under the above circumstances.



Is the PH at the side of the road a PH operator?

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 Post subject: Re: Plying for hire
PostPosted: Tue Aug 07, 2012 8:06 am 
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captain cab wrote:
Is the PH at the side of the road a PH operator?

I'm assuming he is, or he passes it on to the office with his number on.

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 Post subject: Re: Plying for hire
PostPosted: Tue Aug 07, 2012 8:08 am 
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Sussex wrote:
captain cab wrote:
Is the PH at the side of the road a PH operator?

I'm assuming he is, or he passes it on to the office with his number on.



It wasnt clear in no tips description, so I'll presume he's a driver, the job hasnt gone through a PH operator and the driver was illegally plying :wink:

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 Post subject: Re: Plying for hire
PostPosted: Tue Aug 07, 2012 8:21 am 
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Thanks for the Town Police Clauses section. I'm aware of the CJs167 part. Is there a link to the TPC Act? google doesn't seem to find it online!

All the PH drivers here are operators in their own right. It is a rural area with no radio circuits or firms with more than 2 cars. We run 2 cars and the mrs takes all the bookings whilst out on the road driving (phone hand-s free of course). We do not take bookings at the roadside as we live close to the town centre and return home between jobs. At least we have a phone record of all bookings taken.


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 Post subject: Re: Plying for hire
PostPosted: Tue Aug 07, 2012 9:43 am 
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Go in a lot of cab offices on a busy Saturday night , punter walks in and is put in the next PH that returns to the office alot of the time NO details are taken by the office just punters put in cars as quick as possible. Where is the booking taken there?


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 Post subject: Re: Plying for hire
PostPosted: Tue Aug 07, 2012 9:59 am 
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no tips wrote:
Go in a lot of cab offices on a busy Saturday night , punter walks in and is put in the next PH that returns to the office alot of the time NO details are taken by the office just punters put in cars as quick as possible. Where is the booking taken there?


Then they are probably breaking their conditions of operators license?

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 Post subject: Re: Plying for hire
PostPosted: Tue Aug 07, 2012 10:13 am 
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roythebus wrote:
Thanks for the Town Police Clauses section. I'm aware of the CJs167 part. Is there a link to the TPC Act? google doesn't seem to find it online!

All the PH drivers here are operators in their own right. It is a rural area with no radio circuits or firms with more than 2 cars. We run 2 cars and the mrs takes all the bookings whilst out on the road driving (phone hand-s free of course). We do not take bookings at the roadside as we live close to the town centre and return home between jobs. At least we have a phone record of all bookings taken.

Here's the web page link to the whole Criminal Justice and Public Order Act 1994;

http://www.legislation.gov.uk/ukpga/1994/33/contents

Scroll down and click on Section 167 - Taxi touts; 167. Touting for hire car services.

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 Post subject: Re: Plying for hire
PostPosted: Tue Aug 07, 2012 11:00 am 
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Sussex wrote:
roythebus wrote:
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


Paragraph 2 of above Section makes it clear that simply parking up with your sign illuminated is NOT touting.

Quote:


2) Subsection (1) above does not imply that the soliciting must refer to any particular vehicle nor is the mere display of a sign on a vehicle that the vehicle is for hire soliciting within that subsection.


I regularly ply for hire in places of public resort that are not designated ranks within the district. It is no different to driving around taking a flag-down.

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 Post subject: Re: Plying for hire
PostPosted: Tue Aug 07, 2012 11:49 am 
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Steven Toy wrote:
Paragraph 2 of above Section makes it clear that simply parking up with your sign illuminated is NOT touting.

Of course it's not.

Taxi touting has to be pro-active to be a criminal offence. Passive action cannot be.

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 Post subject: Re: Plying for hire
PostPosted: Tue Aug 07, 2012 5:12 pm 
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Passive action is illegally plying for hire which is what certain PH cars in my area are doing. With 2 or 3 of them sitting in a line, it looks like a taxi rank...punters approach them, they take the booking off the street and awaaaaaaaaaay.


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 Post subject: Re: Plying for hire
PostPosted: Tue Aug 07, 2012 5:18 pm 
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Quote:
they take the booking off the street and awaaaaaaaaaay


at that point its illegal. :wink:

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 Post subject: Re: Plying for hire
PostPosted: Tue Aug 07, 2012 6:52 pm 
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There is a new law being introduced where PH vehicles are able to act and do the same job as HC in the next licencing reviews as some say whats the point in having two types of taxi when they do the same job?

View the private hire magazine and the private hire association website for more info.


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 Post subject: Re: Plying for hire
PostPosted: Tue Aug 07, 2012 7:37 pm 
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waqas wrote:
There is a new law being introduced where PH vehicles are able to act and do the same job as HC in the next licencing reviews as some say whats the point in having two types of taxi when they do the same job?

View the private hire magazine and the private hire association website for more info.


The current laws are under review by the Law Commission there are no decisions made and the chances of a single tier are quite slim imo

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 Post subject: Re: Plying for hire
PostPosted: Tue Aug 07, 2012 11:10 pm 
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Steven Toy wrote:
I regularly ply for hire in places of public resort that are not designated ranks within the district. It is no different to driving around taking a flag-down.

You are wrong.

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