Taxi Driver Online

I said that touting and soliciting were the same. I did not say that touting and illegal plying for hire were the same. Touting and soliciting both mean actively encouraging members of the public to hire your services beyond simply having an illuminated sign saying,

For Hire TAXI".

It is neither touting (nor soliciting) to be parked on the public highway plying for hire.

_________________
Steve.

Because the law says so?

_________________
IDFIMH

It's only you that said it is.

_________________
IDFIMH

This style of argument is stuff from pantomime

_________________
Steve.

Where?

First of all we need to define touting, soliciting and illegally plying for hire.

Touting and soliciting are essentially the same. Illegally plying for hire has a much broader meaning that usually relates to having the appropriate licence or not.

Then we have illegal parking, obstruction of the public highway and local bye-laws.

_________________
Steve.

Its all about what the driver does.....but in Liverpool I understand they tend to book the drivers because it creates cherrypicking?

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

OH NO IT ISNT!!!!

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

That sounds like a trumped-up charge to me. Refusing to drive (because the fare is too short) is cherrypicking.

_________________
Steve.

If you believe that you are right, then good for you. But you're not.[/quote]

This style of argument is stuff from pantomime [/quote]

OH NO IT ISNT!!!![/quote]
ha ha ha pmsl

_________________
Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

Well I'm assured drivers have been prosecuted for it, they simply sit off ranks with their hire lights out, find out where the customer is going then if its RTFC say they're on a break.......yes its cherry-picking.....drivers have also been prosecuted for over-ranking.....ask Nidge, they had 30 + drivers immediately suspended on CCTV evidence......yes they were on double yellow lines or whatever, but how many town and city centres have lawful street parking? Similar has happened in Bury & Worcester with drivers fined.

Getting back on topic, the general rule of thumb in respect of touting is that its a pro-active activity.

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

This seems to clear it up, and it is clear(ish) that Steven is right;

viewtopic.php?t=3622

Section 38 of the Act similarly draws an implicit distinction. Section 53 refers in terms to a driver of a Hackney carriage standing at any of the stands for Hackney carriages, the inevitable inference being that Hackney carriages are capable of standing at a place other than a Hackney carriage stand. Mr McGonigal submits that there is nothing in the earlier legislation, in particular the Hackney Carriage Act 1831, to impose a restricted meaning on the word 'standing'. It is to be noted that s 35 of the 1831 Act was the subject of consideration in Eldridge v British Airports Authority [1970] 2 All ER 92, [1970] 2 WLR 968 where the Divisional Court, presided over by Lord Parker CJ, said in relation to s 35, which creates an offence in relation to vehicles found standing in any street, that 'standing' meant something akin to waiting or parking, not merely being stationary. That construction, as it seems to me, is entirely consistent with the construction which Mr McGonigal suggests should be placed upon the word where it appears in the 1845 Act.

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

I did mention bye-laws. A bye-law could be a limit to the number of spaces on a rank.

However, I doubt the offence of obstruction could warrant a suspension under LGMP Section 61 (amendment 2B), i.e. with immediate effect.

_________________
Steve.

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

That could have been challenged. Our lot have a policy of issuing 1-4 day suspensions as punishments under the Scheme of Delegation. It is unlawful and I have told them this on many occasions. They insist it isn't because of the right of appeal. Most are issued under amendment 2A though, i.e. with 21 days' notice but this is only since one of my mates took them to court and won.

_________________
Steve.

These drivers were suspended for about 1 month I understand.

I dont disagree that any decent court would through it out, but the suspension is immediate because the council decided to invoke the 2006 act.

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