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 Post subject: Re: Plying for hire
PostPosted: Wed Aug 08, 2012 12:45 am 
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Location: Cannock Chase
Sussex wrote:
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.


How am I wrong?

As a Hackney Carriage driver I am not touting by simply being parked in a place of public resort with my light illuminated within my own controlled district.

If someone then chooses to hire me I am not committing an offence.

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 Post subject: Re: Plying for hire
PostPosted: Wed Aug 08, 2012 12:48 am 
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Steven Toy wrote:
Sussex wrote:
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.


How am I wrong?

As a Hackney Carriage driver I am not touting by simply being parked in a place of public resort with my light illuminated within my own controlled district.

If someone then chooses to hire me I am not committing an offence.

=D> =D> =D> =D> =D> =D> =D> =D>

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 Post subject: Re: Plying for hire
PostPosted: Wed Aug 08, 2012 1:56 am 
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roythebus wrote:
All the PH drivers here are operators in their own right. (likeTorquay?)

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.


At least we have a phone record of all bookings taken

how? do u record calls?

ihave a PH ops licence, when dropping at BHX ive been approached to take someone home, i gave them my card with mobile number and told them to text name/pickup/destination - which they did as i drove out the dropoff and back in.....

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 Post subject: Re: Plying for hire
PostPosted: Wed Aug 08, 2012 8:56 am 
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Steven Toy wrote:
How am I wrong?

As a Hackney Carriage driver I am not touting by simply being parked in a place of public resort with my light illuminated within my own controlled district.

If someone then chooses to hire me I am not committing an offence.

You are confusing plying with touting.

Touting relates to just about anything other than a bus.

You may think you are right, but your not.

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 Post subject: Re: Plying for hire
PostPosted: Wed Aug 08, 2012 8:59 am 
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Sussex wrote:
Steven Toy wrote:
How am I wrong?

As a Hackney Carriage driver I am not touting by simply being parked in a place of public resort with my light illuminated within my own controlled district.

If someone then chooses to hire me I am not committing an offence.

You are confusing plying with touting.

Touting relates to just about anything other than a bus.

You may think you are right, but your not.



yes....its soliciting..........skippy told me all about it going on in the mean streets of Gala :lol:

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 Post subject: Re: Plying for hire
PostPosted: Wed Aug 08, 2012 9:43 am 
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At the end of the day it should all be about the punters, if they can get ANY licensed HAC /PH to take them home. far to much red tape. a licensed vehicle should be able to take a fare any time, its better a punter gets in a vehicle there and then than wait about on a street corner for a booked PH.
Hacks dont keep any records of each booking.Get in where to guv and there off


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 Post subject: Re: Plying for hire
PostPosted: Wed Aug 08, 2012 10:47 am 
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Joined: Tue May 04, 2010 8:57 pm
Posts: 123
Location: Cannock Chase
Sussex wrote:
Steven Toy wrote:
How am I wrong?

As a Hackney Carriage driver I am not touting by simply being parked in a place of public resort with my light illuminated within my own controlled district.

If someone then chooses to hire me I am not committing an offence.

You are confusing plying with touting.

Touting relates to just about anything other than a bus.

You may think you are right, but your not.


I am waiting for you to substantiate your argument that I am wrong.

Quote:
167 Touting for hire car services.

(1) Subject to the following provisions, it is an offence, in a public place, to solicit persons to hire vehicles to cary them as passengers.

(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.


Parking somewhere other than a rank with your light on is neither soliciting nor touting (they are both the same thing.)

If plying for hire other than on a designated rank was an offence there would be no taxis queuing outside The Gatehouse in Lichfield; Silks nightclub or Boots in Cannock.

Wannabehack will know these locations.
Furthermore, I would not have met my wife ten years ago....

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 Post subject: Re: Plying for hire
PostPosted: Wed Aug 08, 2012 4:28 pm 
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Serves you right for touting then :D :D :D :D .

I'm sure the answer is in the TPC Act 1847 somewhere. ISTR reading a case of a hackney carriage drive waiting for business at a railway station. He was arrested and found guilty of plying for hire as he was not on the rank! Mind you, that case dated from 1897 I think, Harrow Railway Station.

Me, I'm lucky as I also have 6 PSV discs, so if there's a problem, I can use 1 PSV disc in my private hire car! and yes, I do have the Traffic Commissioner's written authority to do so, so can ply for hire wherever I want by putting the blue disc in the windscreen of my car. :D


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 Post subject: Re: Plying for hire
PostPosted: Wed Aug 08, 2012 7:29 pm 
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Steven Toy wrote:
I am waiting for you to substantiate your argument that I am wrong.

Well best you wait, the time has long gone when I spend time pointing out the bloody obvious.

If you believe that you are right, then good for you. But you're not.

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 Post subject: Re: Plying for hire
PostPosted: Wed Aug 08, 2012 7:30 pm 
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Steven Toy wrote:
Parking somewhere other than a rank with your light on is neither soliciting nor touting (they are both the same thing.)

If that was the case, then one would have repealed the other.

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 Post subject: Re: Plying for hire
PostPosted: Wed Aug 08, 2012 7:34 pm 
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Steven Toy wrote:
(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.

It is only you that's saying having a roof light equates to touting, not me.

The section above says the mere fact that a vehicle has a light is not, in itself, evidence of touting.

However the section doesn't say taxis parking on the high street or in a public place, not on a rank, is also not, in itself, evidence of touting.

In other words it is.

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 Post subject: Re: Plying for hire
PostPosted: Wed Aug 08, 2012 9:03 pm 
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Location: Cannock Chase
Sussex wrote:
Steven Toy wrote:
(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.

It is only you that's saying having a roof light equates to touting, not me.

The section above says the mere fact that a vehicle has a light is not, in itself, evidence of touting.

However the section doesn't say taxis parking on the high street or in a public place, not on a rank, is also not, in itself, evidence of touting.

In other words it is.


Case law?

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 Post subject: Re: Plying for hire
PostPosted: Wed Aug 08, 2012 9:28 pm 
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Steven Toy wrote:
Case law?

So you need case law to prove that the moon isn't made of cheese? ](*,)

If taxis were exempt from the act, then the words 'taxis are exempt' would appear in the same way PSVs are exempt. ](*,)

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 Post subject: Re: Plying for hire
PostPosted: Wed Aug 08, 2012 9:43 pm 
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I tend to agree with Sussex that parking with for hire sign on other than at a rank or driving along is plying for hire, but have to disagree with Steven Toy that touting and illegal ply for hire are the same.

We have already mentioned that touting is an activity, the touter has to actively approach someone with a view to providing a service; plying for hire is a driver sitting in his car and accepting a booking on the street or public place. I'm certain it's illegal hence my original question asking what Act it comes under and, agreeing with Steven Toy, if there is any case law.


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 Post subject: Re: Plying for hire
PostPosted: Wed Aug 08, 2012 9:47 pm 
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How can a hackney be guilty of illegally plying for hire in his own area for which he is licensed to ply for hire

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