Taxi Driver Online

The committee report for our latest policy has been made available.
We disputed the licensing officers statement that we could only carry passengers and not documents etc.
the response from the head of regulatory services is "Hackney Carriages should only be used for the carriage of people."
Is he right? is there any case law either way?

_________________
Grandad,

In answer to your question, I am not aware of any case law, or indeed any
legislation, which prevents a hackney carriage from carrying documents.
In the past hackneys have been used by hospitals to
carry blood products (plasma etc); they had special flashing lights to allow
them to get to the hospital quickly in case of emergency. And they were not
carrying passengers.
Put the shoe on the other foot: demand from the head of Regulatory Services
HIS authority/source of legislation/regulation etc. that prevents hackneys
from carrying non-persons. I'll bet he won't come up with anything, cause
there ain't no such thing!

This is what they actually put as the reason for their argument and interpretation.

Hackney Carriages should only be used for the carriage of people.
The Town Police Clauses Act 1847 states:
sec. 37, Hackney carriages to be licensed:
“The commissioners may from time to time licence to ply for hire within the prescribed distance, or
if no distance is prescribed, within five miles from the General Post Office of the city, town, or place
to which the special Act refers, (which in that case shall be deemed the prescribed distance,)
[F1such number of]hackney coaches or carriages of any kind or description adapted to the carriage
of persons [F1as they think fit]”
The Private Hire use for goods has been investigated, however, under the Local Government
(Miscellaneous Provisions) Act 1976, the definition of a Private Hire Vehicle states :
Taxi Policy Consultation responses 2016
Sec. 80, Interpretation of Part II:
“private hire vehicle” means a motor vehicle constructed or adapted to seat [F4fewer than nine
passengers], other than a hackney carriage or public service vehicle [F5or a London cab][F6or
tramcar], which is provided for hire with the services of a driver for the purpose of carrying
passengers;”
It is considered that section 75 of the 1976 act relates to exemptions for private hire vehicles as it
states in full:
(1) Nothing in this Part of this Act shall—
(a) apply to a vehicle used for bringing passengers or goods within a controlled district in
pursuance of a contract for the hire of the vehicle made outside the district if the vehicle is
not made available for hire within the district

_________________
Grandad,

We go back to the basic rule of law(s), and sort of follows on from what MCF said.

Each and everyone of us can do what we like, unless there is a law that says we can't.

Ask the council to show where it's says in law/case law that we (hackney carriage vehicles) can't take documents/parcels/pets/anything other than a person.

TBH your council is an utter basket case.

I would contact the DfT and see what they have to say.

Did the Law Commission say anything on the matter? I would look myself but I'm mobbed with work at the mo.

_________________
IDFIMH

I mean what happens if a fella gets into the cab and goes to the station/airport and when he gets there asks you to post a letter that he forgot about?

Is your basket case council saying if you popped that letter in a post box for your punter you would be breaking licensing laws?

Captain can you mention this stupidity in next month's PHTM please?

_________________
IDFIMH

How can you do airport runs if you can't take luggage, is luggage not a parcel?
Why do councils produce guidance notes?
12. Carriage of Goods or Packages
12.1 The driver of a vehicle is under a duty of care to the passengers to ensure that they travel safely. The carriage of goods or packages in the interior of the vehicle
may put passengers and drivers at risk of injury if the items are not properly secured. Ideally they should be located in an area outside the passenger compartment, e.g. the boot, or in vehicles with a separate driver area, in the footwell adjacent to the driver. If goods are carried in the passenger compartment and a passenger suffers harm due to the presence of the goods, the driver may be liable to pay damages to the passenger. Drivers are strongly advised to check with their insurance company, to avoid carrying any loose goods in the passenger compartment, and to explain clearly to passengers the risk they face in having such goods in the compartment.
Why do councils insist on luggage guards in estates ?
How come taxi company's advertise the fact?
Parcel & Courier Delivery
You can use us as a courier service. Our rates are competitive both locally and within the UK and you are assured of a speedy service.

Below are examples of the kind of deliveries we have made:

Blood
Urgent documents and parcels less than 10 kg
Computer parts
Pets to the vets
Flowers to a loved one
Spare car keys
Jump start service
Panic deliveries
Furniture items that can fit in the taxi
TOA is fully insured with Public Liability insurance.

The London Cab Order 1934, art 42 foresees the carriage of luggage or packages without accompanying people.

Just take them nobody will know

How many of us have had the call from the person at the airport who has forgotten their passport? We are told that this can only be done in a private Hire vehicle.
Our very own County Council will call a taxi to deliver school dinners if they have a problem with their own transport.
We have had parents call to say that their kid has forgotten something for school and asked us to collect this and take it to the school.
When asked, our insurance company told us that the carriage of goods is an integral part of a taxi business and was covered in our policy for "occasional" deliveries but if we were contracted for a more regular service we would need to add GIT insurance at a nominal cost.

_________________
Grandad,

If I came to you on a taxi rank and said can you take this shopping to this address and you refuse I think your commiting an offence under section 53, or can you say our licensing officer says we can't take your shopping, I think I would need it in writing to show the passenger or non passengers:-).
53 Penalty on driver for refusing to drive A driver of a hackney carriage standing at any of the stands for hackney carriages appointed by the commissioners, or in any street, who refuses or neglects, without reasonable excuse, to drive such carriage to any place within the prescribed distance, or the distance to be appointed by any byelaw of the commissioners, not exceeding the prescribed distance, to which he is directed to drive by the person hiring or wishing to hire such carriage, shall for every such offence be liable to a penalty not exceeding [level 2 on the standard scale].

[quote="grandad"]This is what they actually put as the reason for their argument and interpretation.

Hackney Carriages should only be used for the carriage of people.
The Town Police Clauses Act 1847 states:
sec. 37, Hackney carriages to be licensed:
“The commissioners may from time to time licence to ply for hire within the prescribed distance, or
if no distance is prescribed, within five miles from the General Post Office of the city, town, or place
to which the special Act refers, (which in that case shall be deemed the prescribed distance,)
[F1such number of]hackney coaches or carriages of any kind or description adapted to the carriage
of persons [F1as they think fit]”
The Private Hire use for goods has been investigated, however, under the Local Government
(Miscellaneous Provisions) Act 1976, the definition of a Private Hire Vehicle states :
Taxi Policy Consultation responses 2016
Sec. 80, Interpretation of Part II:
“private hire vehicle” means a motor vehicle constructed or adapted to seat [F4fewer than nine
passengers], other than a hackney carriage or public service vehicle [F5or a London cab][F6or
tramcar], which is provided for hire with the services of a driver for the purpose of carrying
passengers;”
It is considered that section 75 of the 1976 act relates to exemptions for private hire vehicles as it
states in full:
(1) Nothing in this Part of this Act shall—
(a) apply to a vehicle used for bringing passengers or goods within a controlled district in
pursuance of a contract for the hire of the vehicle made outside the district if the vehicle is
not made available for hire within the district[/quote

Just because it don't mention goods does not mean you can't take them, if you were not allowed to it would state so, she thinks because it states goods on private hire, that means a Hackney can't, she's been eating to many pork pies me thinks.

It is in writing from the Council. I have numerous emails stating it. It is on the appendix to the report for the committee next week. It was discussed at length at a recent meeting between drivers and the committee chairman, head of regulatory services and the lead (only) enforcement officer. I am of the opinion that this will only get settled with our council when they take a driver to court for carriage of something other than a person.

_________________
Grandad,

That is exactly how every other person interprets the act. But our Council seem to be the ones who have it right and everyone else is wrong.
Our hackney plate states licenced to carry 4 "PASSENGERS" therefore not goods. However our private hire plates state licensed to carry 4 "PASSENGERS" so what is the difference?

_________________
Grandad,

I would like that.

_________________
Grandad,

I understand you have it in writing from loads of emails, but as a driver I want a letter on there headed paper stating to the public that I'm not allowed to take there parcel, copies should be given to every driver.