Taxi Driver Online

I didn't go to law school ............ so you have me at a disadvantage there.

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.

as i live in one town and work in another have a problem off who i give my number to. my LA says because im giving out a mobile number (hackney) i can only accept a phone booking if im in the town im plated for . but the the job can be from any where to any where as long as i was in my LA district when i got the call

Your LO/LA is wrong.

Ask him where it is written, either in statute or case law, that you as a hackney need to follow those rules.

Point him in this direction.

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IDFIMH

Back to the original post - if your pre-booked then regardless of Hackney or PH then you can pick up from a different area; what your asking is the same as saying can a Birmingham cab be booked via the Phone to pick up a passenger from Manchester Airport and take them to Newcastle - if the driver is prepared to do it of course they can!

(Waiting for the re-bound) but if you really want to be sure that you are not going to get hung drawn and quartered (I know I will for posting this!) then you could always rely on the good old Chauffeurs / Limo drivers 7 day contract .... ie. a written agreement with date and place of pick up, name and address of passenger, registration number of vehicle, name of driver etc etc and be pre-paid!

In respect of another authority the mobile scenario has never been tested in a court of law, either for Hackney carriage or private hire. Your LO is under the aprehension that section 46 applies which is understandable when you consider the case of Kingston upon Hull v Wilson back in 1995. However times have moved on since then and we have yet to see if the spectre of Wilson has been eradicated by the Gladen ruling. I don't suppose you want to be a mobile phone, legal guinee pig, test case, do you?

Section 46 deals with vehicle drivers and operators licences and the relevant part is as follows:

"(1) Except as authorised by this Part of this Act

(a) no person being the proprietor of any vehicle, not being a hackney carriage or London cab in respect of which a vehicle licence is in force, shall use or permit the same to be used in a controlled district as a private hire vehicle without having for such a vehicle a current licence under section 48 of this Act;

(b) no person shall in a controlled district act as driver of any private hire vehicle without having a current licence under section 51 of this Act;

(c) no person being the proprietor of a private hire vehicle licensed under this Part of this Act shall employ as the driver thereof for the purpose of any hiring any person who does not have a current licence under the said section 51;

(d) no person shall in a controlled district operate any vehicle as a private hire vehicle without having a current licence under section 55 of this Act.

(e) no person licensed under the said section 55 shall in a controlled district operate any vehicle as a private hire vehicle—

(i) if for the vehicle a current licence under the said section 48 is not in force; or (ii) if the driver does not have a current licence under the said section 51.

(2) If any person knowingly contravenes the provisions of this section, he shall be guilty of an offence."

You can see why your LO said what he said.

Regards

JD

This not the case now .............. though is it.

B. Lucky

_________________
"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.

According to the cases of both Rendall and Wilson even if your private hire, if you post a phone number anywhere in the country to your house or office and have the call redirected to your mobile phone or any other phone, then the booking is deemed to have been accepted at your house, which is the first port of call so to speak.

In theory, under those circumstances, even private hire could circumnavigate section 46.

Regards

JD

So technically could I licence myself in the next district as a HC Driver or PH Operator if it was a lot cheaper to and then just advertise my services in the district that I actually live - thus saving myself the extra expense of becoming a licensed HC or PH in my district if it is more expensive to??? And also not having to worry so much about the Licensing Officers becaase they will not be in my district and the licensing officers actually in my district will not have much authority over me and will be to busy dealling their licensed vehicles anyway???

Puzzled....

The Rendall ruling is quite simple, for example if I was licensed in Sefton and I wanted to farm work from Liverpool then all I need do is setup my house as the operating base in Sefton and have all incoming calls redirected to my mobile phone, I could be anywhere in Liverpool or anywhere else in the country and for licensing purposes it wouldn't matter a jot.

That's why I wrote in another thread that the legislation is not only outdated it is also restricting innovation and in any case today's technology makes the legislation impotent.

Have a read of the Rendall case here.....

http://taxi-driver.co.uk/phpBB2/viewtopic.php?t=3810

Regards

JD

I must point out that in respect of the Rendall case the distinction between making provision for a booking in one area and accepting the same booking in another area did actually create two offences. The ruling was tempered by the reference to mobile phones and modern technology and whether or not in the future mobile phones would make the legislation impotent. We are now at that stage where the legislation needs to be tested in respect of mobile phones and call diversion.

Gladen set the parameters for Hackney carriages but the only problem that could occur in respect of private hire vehicles is the Acceptance part of the ruling, which could very well be upheld in a court of law or it could just as easily be overturned.

Regards

JD

Now most of us on here have a rough idea about the cross-border issue, to a larger or lesser degree.

But what chance have newbies got of working it all out?

IMO we need a national/regional operator set-up. Still keep drivers and vehicles licensed and accountable locally, but the ops can be controled by big brother.

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IDFIMH

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Former taxi driver

I must say thats a remarkable coincidence Jimbo but it just show the potential of the Gladen judgment to change the booking process of the Taxi trade.

Well found.

Regards

JD

I've got Licences in two adjoining Boroughs and a car plated in respect of each authorities requirements and work both dependant on day etc. I'm surely not the only one to have thought of this? I still want to know why I can't multi-plate the same vehicle but thats just gonna open a huge can of worms......

Sorry Sussex but that is absolute TOSH.

The thing that appalls you more than anything else is those who profit on the back of drivers ............... and by following through your statements above you are creating wealth for the few and taking money away from the drivers in greater quantities than a taxi baron ever could.

B. Lucky

_________________
"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.