Taxi Driver Online

Now although it would seem a good way around things in the short term, in the long term it really isn't.

If your council have a rule saying that you must return to the nearest rank when free, then that's a long way to run from and to, if you kop a local job in the other area.

You could of course hide somewhere in that other area, but you may find it hard to defend a 'plying for hire' charge, if the council is doing their job right.

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IDFIMH

The way it is at present i live right on the border of where my HC plate is licensed,so i have a rank around 3 miles from where i live which is in the area my plate is registered,there is also a PH office 2 miles in the other direction in gateshead,therefor i feel being hired in for the gateshead office for a job would be totally legal,of which when the job is finished i can then return to the rank in the area my plate is registered or simply wait at home if the rank is quiet.I have no intention of plying for hire outside my licensed area.
so technically i am totally within any laws and legislation....Is this correct??

As you don't need an operators license you can take work from anywhere, although it hasn't been tested in court yet. It has been tested within your own area, and everything is just ticker-tee-boo.

As for waiting outside your house, then that depends on your licensing conditions. Some say that when a taxi is free it must proceed to the nearest free rank.

I'm not sure how many people actually adhere to that condition, but many councils have it.

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IDFIMH

Our rules are proceed to nearest rank up till 1900hrs, after that we are free to "cruise" or go or sit where you want till 0700 hrs.

Sorry maybe i worded that part the wrong way,when i said wait outside my house i meant, simply go home if i didnt fancy sitting on the rank and if the phone rang then id take the job.

The model byelaws on that particular subject refer to vehicles "actually plying for hire in a street". The byelaws don't say you have to return to your area once you have dropped off a job outside your area. They also don't apply to anyone who is not plying for hire in their licensed area. Therefore there is no legislation which states I can't sit in Gateshead even though I'm licensed in Derwentside. Obviously I can't ply for hire in Gateshead but there is nothing to stop me taking a private booking from an agent, as per Gladen.

The model byelaw on the subject states as follows.

Every driver of a hackney carriage for which stands are fixed by any byelaws in that behalf shall, "when plying for hire" in any street and not actually hired:

(a) proceed with reasonable speed to one of the stands appointed by the Council;

(b) if a stand, at the time of his arrival, is occupied by the full number of carriages authorised to occupy it, proceed to another stand;

(c) on arriving at a stand not already occupied by the full number of carriages authorised to occupy it, station the carriage immediately behind the carriage or carriages on the stand and so as to face in the same direction; and

Regards

JD

My understanding of the situation is that private hire operators can only use cars and drivers licensed by the same LA that issued the operators license.

So as a hc driver you can not sign up and work for a private hire operator licensed in another district. At the very least the operator would be in breach of his/her conditions by using you.

I will have to sort out the relevent legislation but as a hackney carriage driver you do need to either pick up or drop off in your licensing authority area. I've been looking at this myslef as I live right on the edge of two licensing areas and I often get calls from across the border to go to the aiport etc.

As I read the legislation I need to be a private hire operator in order to take out of area bookings because ph is not geographically restricted the same as hc.

but my la does seem to read the legislation that way, he thinks I can take out of area bookings as a hackney carriage driver. I'm fairly confident that I cann't. Guess I'll just have to wait until the other la decides to test the rules.

kecin

What was said in Gladen was that an un-licensed person can give work to a licensed taxi driver driving a taxi.

So if an un-licensed person can do that, I would fully expect a licensed person (PH op) to be able to do like-wise.

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IDFIMH

And thus the possible absurdity of the ruling?

CC

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

Hackney carriage drivers are not governed by the same legislation in this respect as Private hire drivers. A hackney carriage license is one thing and a private hire license is another.

If you license your vehicles as private hire I reccomend you change them to Hackney.

Regards

JD

The ruling isn't absurd, if there is an absurdity it lies in the legislation. What do you expect when we are still governed by legislation dating back to 1847?

Its no good blaming the legal system, the thing to do is push for a new Act. The problem with a new act is that section 16 will most likely go and that is why most people don't agitate for a new act.

Regards

JD

Now there's a thought.

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IDFIMH

When you say cars and drivers, if you mean Private hire cars then that is correct. If you mean Hackney carriage? Then that is incorrect.



A person who books jobs for a hackney carriage doesn't need a license, therefore the private hire operator has no license to breach as long as he doesn't use private hire vehicles licensed in another area.



I think you really do need to sort out your legislation because you are completely off track. You don't have to pick up and drop off in your own area, what books have you been reading? I suggest you wait for the November Edition of Taxi Today to come out, you might be enlightened? In the meantime if possible, license your cars as hackney carriage and tell all your private hire mates to do the same. Then tell the private hire operator to ditch his private hire operators license and ce la vie.

Regards

JD

I disagree.

The judge was wrong.

CC

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

You can BUT you must make sure that your topsign and for hire light are never illuminated whilst working in Gateshead ................... oh and remember that our Licensing department are aware of your presence and are making sure that any work you pick up in Gateshead is properly pre-booked.

B. Lucky

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"Here's a simple solution. If you don't want to pay more for a premium service then wait in the queue, problem solved".
Skull on TDO

TF pi$$ed on his chips.