Taxi Driver Online

I'm not saying that it becomes a PH dunderhead ................... and it ceases to be a HC when it leaves its prescribed distance.

SO WHAT DOES IT BECOME

If I drive to Sussex with a fare I am a HC ................ but as soon as that customer gets out I have to comply with any laws I receive dispensation from until I reach the prescribed distance I am licensed to. I am also liable to prosecution if I illuminate my top sign and for hire light until I return to my prescribed distance, why is that I wonder.

Sort yourself out.

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.

It is not a hypothetical event.

According to Newcastle licensing, vehicles from Tynedale, Derwentside, Eden and Berwick are operating in Newcastle as private hire. Therefore the Newcastle LO is presented with an abundance of riches of who to prosecute? My money is on Newcastle taking no legal action whatsoever and the reason for that is because they are definitely unsure of their legal standing, even though they have taken Barristers advice?



Not entirley, that reference is a bylaw and only if you're plying for hire in the licensing area.

Here is an example.

7. The driver of a hackney carriage shall, when plying for hire in any street and not actually hired:

(a) proceed with reasonable speed to one of the stands fixed by the byelaw in that behalf;
...............................................

Regards

JD

But the plying for hire can only be conducted within the prescribed distance.

It seems that a HC is only legislated for whilst within the prescribed distance ................ so my question remains ............. what does that vehicle become when it leaves the prescribed distance.

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.

The whole thing is as a result of what I believe is a misinterpretation of the Gladen judgement.

Some local authorities have never required HC's to have PH operators licenses, be this before or after the gladen judgement.

The argument does throw up counter arguments such as a local authority issuing a license then not being in a position where it can realistically do spot checks and any form of quality control.

This leads on to the Duty of Care argument.

This leads on to standards of applicants, as presumably the conditions in one area are too onerous so people are going to get licensed elsewhere....shades of a recent thread citing South Ribble spring to mind.

It leads on to standards of vehicles.

It is in my opinion reasonably clear a taxi was and is licensed to operate within its prescribed distance. This was the case in 1847 and is the case now.

It is admittedly a very interesting argument.

I personally can foresee everyone being made to buy a TX4 with CRB checks every year, then it doesnt really matter where you get your license from.

CC

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

The purpose of that outdated byelaw was to stop horse and carts from causing an obstruction by standing and plying for hire all over the place. There will always be instances when a vehicle is not plying for hire inside the presecribed distance, hence the wording of the byelaw

Sheffield for instance don't include that particular wording in their bylaws

"The driver of a hackney carriage shall, when plying for hire in any street and not actually hired:

(a) proceed with reasonable speed to one of the stands fixed by the byelaw in that behalf"



It means a hackney carriage can only stand and ply for hire in the authority it is licensed. Private bookings is an entirely different proposition.

A hackney carriage is always a hackney carriage regardless of where it is. It does not change its spots. Just because a hackney carriage in Manchester cannot ply for hire in Newcastle it does not mean it is not a hackney carriage in Manchester for the purpose of taking a private booking anywhere in the country.

The problem you have to resolve is can a Manchester hackney carriage take a job in Newcastle from an agent in Newcastle? I can see you're at sixes and sevens with this issue but to me and Jim Button it is quite clear? lol.

Regards

JD

Okay JD describe an 'agent'

regards

CC

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

An agent is someone who acts on anothers behalf?

Regards

JD

Yes.....and the wording of section 80 describes a PH operator as someone who accepts a booking for a private hire vehicle...

There does appear to be a rather large hole to me.

As there's nothing seemingly getting in the way of a person acting as an agent for a hackney carriage.....which brings us into the shanks case argument.....and a further reason for my bad head

regards

CC

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

But a hackney carriage is not a private hire vehicle?



Not so large that it cannot be filled? lol



That would appear so.

If I ever get a job going to Carlisle I'll give you a call on your mobile when you are in Newcastle just to test the theory?

That would give me the opportunity to take you to court for obtaining a job in Manchester while being out of your licensed area of Carlisle. Do you think my case would prove successful?

What fascinates you about shanks?

Regards

JD

But a hackney carriage is not a private hire vehicle?



The private hire companies in Sefton as far as I understand it are licensed to operate licensed private hire vehicles, if the company allows any vehicle that is not licensed as private hire then they're committing an offence, so a Hackney from another area becomes a unlicensed private hire vehicle, surely it is the operator and the vehicle driver/ owner who are committing the offence

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

Anyone who operates a private vehicle has to be liecensed. Also the vehicle and driver have to be licensed in the area that the vehicles are being operated.



All accept a hackney carriage.



A licensed Hackney carriage or licensed London Cab is not a private hire vehicle and the law distinquishes that fact in section 46 (a) of the 1976 act.

Regards

JD

What offence would a driver of a hackney carriage commit, under which section and of which act?

Regards

JD

Hang on a minute ................ I think we are missing the point here ............... its probably just me but can we confirm some details.

A HC vehicle licence is a licence to operate that vehicle as a HC.

A PH vehicle licence is a licence to work through a licensed PH operator.

A HC vehicle propeitor is allowed to accept hirings.

A PH vehicle propietor can only accept hirings via a Licensed PH operator.

None of these facts are disputed .............. at least I don't think thay are.

A HC vehicle can in the same way as a PH operator accept bookings via a telephone. But -

A PH operator must ensure that the vehicle and driver are licensed within the same borough as they are.

A HC vehicle propietor cannot pass that work onto a PH vehicle unless they have a additional licence to operate PH vehicles.

Are we still agreed up to now?

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.

As long as a licensed hackney carriage driver drives the hackney carriage vehicle it can ply for public hire within the prescribed distance of the authority that issued the license. For the purpose of private bookings, hackney carriage and London Cab drivers who drive a licensed hackney carriage vehicle are exempt from section 46 (a) of the 1976 act. Everything else is immaterial.

The proof naturally resides in the proverbial pudding but Licensing officers have the opportunity to test the law if they think otherwise.

Regards

JD

"private hire vehicle' means a motor vehicle constructed or adapted to seat fewer than nine passengers, "OTHER" than a hackney carriage or public service vehicle or a London cab, which is provided for hire with the services of a driver for the purpose of carrying passengers".

Regards

JD