Taxi Driver Online

As the high court has already made judgment on this case, regarding being licenced in one area and working in another, could the same apply in Scotland or are our laws different in this case

Laws are different either side of the wall, but cases like the Gladen one can have an influence.

In fact from time to time you will see judgments from the likes of Canada and Australia mentioned in higher court appeals.

Don't think any have ever related to the taxi/PH trade though.

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IDFIMH

The CGSA 1982 doesn't allow this.

Offences

21(1) If any person -

(a) operates, or permits the operation of, a taxi within an area in respect of which its operation requires to be but is not licensed or the driver
requires to be but is not licensed; or
(b) picks up passengers in, or permits passengers to be picked up by, a
private hire car within an area in respect of which its operation requires
to be but is not licensed or the driver requires to be but is not licensed, that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £2,500.
(2) Subsection (1) above does not apply to the operation of a taxi or private hire car within an area in respect of which its operation or its driver is not licensed if the request for its hiring was received by its driver (otherwise than in a public place from the person to be conveyed in it, or a person acting on his behalf, for a journey beginning there and then) whilst -
(a) in the area or in that part thereof in respect of which its operation and
its driver are licensed;
(b) engaged on hire on a journey which began in that area or part or will
end there; or
(c) returning to that area or part immediately following completion of a
journey on hire.

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In fact I read the whole thing this way, if a driver or vehicle is licenced hack then they have the right to work as PH in any area, only PH have to return to there own area

I don't see how you figure that out

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You can't operate a taxi in an area you are not licenced for. That licence must be issued by the local authority for that area.

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If you were right skippy, why would they have bothered to include taxis in subsection 2?

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Right Gus, if I came up to Aberdeen, and as I am fully licenced as a hack, I could legaly work there as a PH through an office, not that I would want to with them high radio charges



Its this first part that allows me to do it, being fully licenced regardless of what area I paid my licence fee's in.

That means if I am correct in my assessment, that if your driving along and someone waves you down you are not permitted to pick them up unless they have made a call to you or an office, in the same terms as what a PH operates

Yes you could skippy, so long as you don't mind returning to the scottish borders between hires

You are not a PH, you are an out of zone taxi.
Your hack licence is only valid in the licenced area which issued it.

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Your assessment is wrong. You must comply with a,b or c above.

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I dont think so Gus, as the wording NOT LICENCED is there, JD may be able to shed some more light on this, I just wish there was a Scottish solisitor on here that we could consult

The section above applies to out of area taxis (in your case outwith the Scottish Borders boundary) and any PH anywhere. This states the conditions under which you can accept a hire. This section does not apply to a licenced hack in it's own area.

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the act says:" within an area in respect of which its operation requires it to be, but is not licensed.

A taxi has to have a licence from somewhere to be a taxi in the first place.
With no licence at all it is not a taxi.

You are not licenced for the Aberdeen area, but you are a taxi.

Subsection 2 tells you under which curcumstances you can legally accept a hire in Aberdeen or anywhere else in Scotland, apart from your own area.

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Errm am I being thick but the judge in Gladen didnt say that did he?

CC

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