Taxi Driver Online

UK cab trade debate and advice
It is currently Fri May 01, 2026 12:40 am

All times are UTC [ DST ]




Post new topic Reply to topic  [ 71 posts ]  Go to page Previous  1, 2, 3, 4, 5
Author Message
 Post subject: Re: Plying for hire
PostPosted: Thu Aug 09, 2012 1:41 am 
Offline

Joined: Tue May 04, 2010 8:57 pm
Posts: 123
Location: Cannock Chase
captain cab wrote:
Steven Toy wrote:
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.


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.


Indeed but I think they would have difficulty in justifying invoking the 2006 Act/Amendment 2B in court. On the notice they would have to state precisely why it was in the interests of public safety for it to take effect immediately.

The notice, if anyone of the 21 drivers has kept it, would make interesting reading.

Although the 21-day notice period has long expired for an appeal, I believe the time limit for claiming compensation is three years.

_________________
Steve.


Top
 Profile  
 
 Post subject: Re: Plying for hire
PostPosted: Thu Aug 09, 2012 7:28 am 
Offline
User avatar

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37494
Location: Wayneistan
Steven Toy wrote:

Indeed but I think they would have difficulty in justifying invoking the 2006 Act/Amendment 2B in court. On the notice they would have to state precisely why it was in the interests of public safety for it to take effect immediately.

The notice, if anyone of the 21 drivers has kept it, would make interesting reading.

Although the 21-day notice period has long expired for an appeal, I believe the time limit for claiming compensation is three years.



A council would argue that everything they do is in the interests of public safety, and the DFT not issuing guidance hasnt helped.

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


Top
 Profile  
 
 Post subject: Re: Plying for hire
PostPosted: Thu Aug 09, 2012 7:47 am 
Offline

Joined: Tue May 04, 2010 8:57 pm
Posts: 123
Location: Cannock Chase
Councils often argue that particular point yet frequently fail to demonstrate that it is the case.

Also, they would have difficulty specifically with demonstrating that it was in the interests of public safety to issue a punitive suspension with immediate effect instead of affording 21 days' notice.

It looks more like an arbitrary misuse of power that, as you suggest, should prompt clarification precisely as to when it is appropriate to invoke the 2006 Act.

_________________
Steve.


Top
 Profile  
 
 Post subject: Re: Plying for hire
PostPosted: Thu Aug 09, 2012 7:07 pm 
Offline

Joined: Tue Sep 21, 2010 7:35 pm
Posts: 1855
Can single vehicles form a rank ? If a rank is 'somewhere a HC waits for customers' then wherever a HC sits becomes a rank, if that is not an official rank then they would be illegaly plying for hire. It may be from an Act or Bylaw but the words 'standing somewhere other than a designated area' ring a bell.


Top
 Profile  
 
 Post subject: Re: Plying for hire
PostPosted: Thu Aug 09, 2012 7:41 pm 
Offline

Joined: Wed Sep 30, 2009 10:37 pm
Posts: 2406
sasha wrote:
Can single vehicles form a rank ? If a rank is 'somewhere a HC waits for customers' then wherever a HC sits becomes a rank, if that is not an official rank then they would be illegaly plying for hire. It may be from an Act or Bylaw but the words 'standing somewhere other than a designated area' ring a bell.

Ive never known a hackney being done for illegally plying for hire in his own area,more like not proceding


Top
 Profile  
 
 Post subject: Re: Plying for hire
PostPosted: Thu Aug 09, 2012 7:48 pm 
Offline
User avatar

Joined: Mon Mar 12, 2007 8:32 pm
Posts: 552
Location: london/croydon
blackpool wrote:
sasha wrote:
Can single vehicles form a rank ? If a rank is 'somewhere a HC waits for customers' then wherever a HC sits becomes a rank, if that is not an official rank then they would be illegaly plying for hire. It may be from an Act or Bylaw but the words 'standing somewhere other than a designated area' ring a bell.

Ive never known a hackney being done for illegally plying for hire in his own area,more like not proceding


I thought it was the other way round, if you refused a job when your light was on that is contavening the act or by law , weather parked or on a rank.


Top
 Profile  
 
 Post subject: Re: Plying for hire
PostPosted: Thu Aug 09, 2012 7:53 pm 
Offline

Joined: Wed Sep 30, 2009 10:37 pm
Posts: 2406
But if you werent on a rank your not strictly working i could be on my own buisness .


Top
 Profile  
 
 Post subject: Re: Plying for hire
PostPosted: Thu Aug 09, 2012 10:11 pm 
Offline

Joined: Tue May 04, 2010 8:57 pm
Posts: 123
Location: Cannock Chase
no tips wrote:
blackpool wrote:
sasha wrote:
Can single vehicles form a rank ? If a rank is 'somewhere a HC waits for customers' then wherever a HC sits becomes a rank, if that is not an official rank then they would be illegaly plying for hire. It may be from an Act or Bylaw but the words 'standing somewhere other than a designated area' ring a bell.

Ive never known a hackney being done for illegally plying for hire in his own area,more like not proceding


I thought it was the other way round, if you refused a job when your light was on that is contavening the act or by law , weather parked or on a rank.


Correct.

_________________
Steve.


Top
 Profile  
 
 Post subject: Re: Plying for hire
PostPosted: Thu Aug 09, 2012 10:24 pm 
Offline

Joined: Wed Sep 30, 2009 10:37 pm
Posts: 2406
Correct in what part ? I could be sat with light on waiti g for customer, or i could refuse job for a number of reasons i.e too drunk, going out of town ect


Top
 Profile  
 
 Post subject: Re: Plying for hire
PostPosted: Fri Aug 10, 2012 11:04 am 
Offline

Joined: Tue May 04, 2010 8:57 pm
Posts: 123
Location: Cannock Chase
blackpool wrote:
Correct in what part ? I could be sat with light on waiti g for customer, or i could refuse job for a number of reasons i.e too drunk, going out of town ect


Then you would have a reasonable excuse.

"I am booked" is a reasonable excuse along with "you've clearly had too much to drink," "you've soiled yourself," "the last time I picked you up you did a runner/refused to pay the proper fare/were abusive/threatening" and "I am not going all the way to [out of the district] as I am finishing soon."

_________________
Steve.


Top
 Profile  
 
 Post subject: Re: Plying for hire
PostPosted: Thu Aug 16, 2012 9:26 pm 
Offline

Joined: Tue Apr 29, 2008 4:06 pm
Posts: 24391
Location: Twixt Heaven and Hell, but nearest Hell
blackpool wrote:
Correct in what part ? I could be sat with light on waiti g for customer, or i could refuse job for a number of reasons i.e too drunk, going out of town ect


you should drink and drive BP...and we all know you dont like being far from home

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


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 71 posts ]  Go to page Previous  1, 2, 3, 4, 5

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 182 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Jump to:  
Powered by phpBB® Forum Software © phpBB Group