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PostPosted: Mon Jul 03, 2006 1:47 pm 
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TDO wrote:
JD wrote:
14. A proprietor or driver of a hackney carriage shall not convey or permit to be conveyed in such carriage any greater number of persons than the number of persons specified on the plate affixed to the outside of the carriage. For the purpose of this byelaw two children under the age of 10 years may be regarded as one person.



Sussex will like that one :D


I was thinking, that taken strictly as it reads it would appear ten children under the age ten amounts to five adults but I wonder if common sense allows Liverpool drivers the luxury of weighing the safety implications of carrying ten children in relation to the number of seat belts in a cab?

Perhaps Liverpooll should ammend the bylaw to take account of the legal requirements for seat belts and also councils might wish to consider putting a notice to this effect on the Tariff sheet, displayed inside the cab. I must admit, this two for one business is an interesting concept when you throw in the added ingredient of seat belts?

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PostPosted: Mon Jul 03, 2006 2:06 pm 
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Yes, and even where similar rules have operated I think it's usually just the first two kids who count as one, thus the most that could be in a five seater would be six.

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PostPosted: Mon Jul 03, 2006 2:20 pm 
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TDO wrote:
Yes, and even where similar rules have operated I think it's usually just the first two kids who count as one, thus the most that could be in a five seater would be six.


lol have you any idea why Damien Edwards hasn't brought this discrepancy to the notice of the council? After all, the wording is quite explicit.

For the purpose of this bylaw two children under the age of 10 years may be regarded as one person.

If you notice is doesn't state that the condition is restricted to only two children? In fact it doesn't state any restriction whatsoever, so in theory what are you supposed to do if an adult turned up with eight kids aged ten and insisted on being driven to their destination? lol

Perhaps I'll write to Damien Edwards and ask him to supply the answers. Or perhaps a Liverpool cabby can let us know their interpretation. One thing is for sure Liverpool bylaws on this subject are not in isolation with the rest of the UK.

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JD


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PostPosted: Mon Jul 03, 2006 10:55 pm 
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JD wrote:
For the purpose of this bylaw two children under the age of 10 years may be regarded as one person.



I suppose that this could reasonably be construed as meaning only the first two children, but I think similar rules make it clear that it's only the first two, whereas it's also reasonable to construe this one as meaning every two children.

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PostPosted: Wed Jul 05, 2006 11:07 pm 
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We have the same phrase in our conditions with the added clarification.

"For the purpose of fares" two children under the age of 10 shall count as one.

We have been told that you would be at risk of claims for carrying more "persons" than you are licensed to carry. A baby of 1 day old is a person. In the event of an accident they could also be a very costly "person"


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PostPosted: Thu Jul 06, 2006 8:02 pm 
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littlejack3 wrote:
We have been told that you would be at risk of claims for carrying more "persons" than you are licensed to carry.

I think your biggest problem would be an insurance company trying to get out of paying you out, following a claim. :wink:

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PostPosted: Sun Jul 09, 2006 2:40 pm 
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Not very clear Sussex. What I meant to say is, according to the Council you must count passenger heads not the age of them. If you are licensed for 4 pax DO NOT....Carry 4 plus baby.


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PostPosted: Sun Jul 09, 2006 5:50 pm 
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littlejack3 wrote:
If you are licensed for 4 pax DO NOT....Carry 4 plus baby.

I agree with that, as do most councils. But some councils think that 4 four people have five heads and ten legs. :roll:

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PostPosted: Mon Jul 10, 2006 8:34 am 
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littlejack3 wrote:
We have the same phrase in our conditions with the added clarification.

"For the purpose of fares" two children under the age of 10 shall count as one.

We have been told that you would be at risk of claims for carrying more "persons" than you are licensed to carry. A baby of 1 day old is a person. In the event of an accident they could also be a very costly "person"


The status of an infant in arms for passenger purposes was tested way back in 1919 in the case of Kemp v Lubbock. I suspect nearly a century on that a different legal interpretation "might" be put on the status of a child under todays circumstances but who knows?

http://www.taxi-driver.co.uk/phpBB2/vie ... =babe+arms

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JD


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PostPosted: Mon Jul 10, 2006 12:56 pm 
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We are talking about a vehicle licenced for usage on the public road - consequently the insurance must reflect that fact, it would be the terms that are obligitary for that mandatory vehicle licence that take priority, local rules are secondary and do not amend the statute law.


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PostPosted: Mon Jul 10, 2006 2:45 pm 
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Well the seat belt law has knocked that on the head, one person per belt


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