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PostPosted: Wed Aug 17, 2005 5:11 pm 
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I think you will find this is quite common. :shock:

http://news.bbc.co.uk/1/hi/england/wear/4159090.stm

Councils taking over enforcement not doing it right, and ticketing folk when they shouldn't.

Of course the police can still ticket non-cabs parked on ranks, but what's the chances of that happening? :?

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PostPosted: Wed Aug 17, 2005 5:38 pm 
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Sussex wrote:
I think you will find this is quite common. :shock:

http://news.bbc.co.uk/1/hi/england/wear/4159090.stm

Councils taking over enforcement not doing it right, and ticketing folk when they shouldn't.

Of course the police can still ticket non-cabs parked on ranks, but what's the chances of that happening? :?


The legal view is that the taxi ranks don't have double yellows, our traffic wardens also say its a grey area with private cars parked on rank, police matter.


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PostPosted: Wed Aug 17, 2005 6:17 pm 
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Stinky Pete wrote:
The legal view is that the taxi ranks don't have double yellows, our traffic wardens also say its a grey area with private cars parked on rank, police matter.

If the council does it right in the first place then it can be done no problem, it's just that few do. :shock:

I know of a council that has some ranks that they can enforce, and others that the police have to. Thankfully the general public are not yet aware which ranks are safe and which are not. :D

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PostPosted: Wed Aug 17, 2005 6:56 pm 
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Stinky Pete wrote:
Sussex wrote:
I think you will find this is quite common. :shock:

http://news.bbc.co.uk/1/hi/england/wear/4159090.stm

Councils taking over enforcement not doing it right, and ticketing folk when they shouldn't.

Of course the police can still ticket non-cabs parked on ranks, but what's the chances of that happening? :?


The legal view is that the taxi ranks don't have double yellows, our traffic wardens also say its a grey area with private cars parked on rank, police matter.


The legal view is that it is a criminal offence to park on any Taxi rank that falls under the definition of that applied in the 1976 act.

Traffic Management Act 2004 2004 c 18 SCHEDULE 7 ROAD TRAFFIC CONTRAVENTIONS SUBJECT TO CIVIL ENFORCEMENT--Parking Contraventions

Parking contraventions outside Greater London

(1) Outside Greater London there is a parking contravention in relation to a vehicle if it is stationary in circumstances in which any of the offences listed below is committed.

(2) The offences are—

(a) an offence under section 64(3) of the Local Government (Miscellaneous Provisions) Act 1976 (c 57) of causing a vehicle to stop on part of a road appointed, or deemed to have been appointed, as a hackney carriage stand;

A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale: s 76 (amended by virtue of the Criminal Justice Act 1982 ss 38, 46).

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JD


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PostPosted: Wed Aug 17, 2005 7:00 pm 
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The problem isn't properly explained in the article, but it may be because of the shifting of parking enforcement from the criminal to civil law, thus if it's still only an offence (ie a criminal matter) to park on a rank, but wardens can only issue penalties for a civil wrong, then clearly only the police can issue tickets for parking on a rank.

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PostPosted: Wed Aug 17, 2005 7:10 pm 
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TDO wrote:
The problem isn't properly explained in the article, but it may be because of the shifting of parking enforcement from the criminal to civil law, thus if it's still only an offence (ie a criminal matter) to park on a rank, but wardens can only issue penalties for a civil wrong, then clearly only the police can issue tickets for parking on a rank.


You recall I pointed out a few weeks ago about the enforcement of Taxi ranks being a police matter because of the fact it is a criminal offence. I also pointed out that the DfT were considering removing the criminal status and making the offence a civil one punishable by parking fines.

I don't think the DfT have got around to that yet so it still remains a criminal offence under the 1976 act. Interesting isn't it? lol

I wish the DfT would get around to it because the police certainly don't want to know about the offence.

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JD


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PostPosted: Wed Aug 17, 2005 7:28 pm 
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I'll post the link again just so everyone knows what the situation is in respect of the DfT.

http://www.dft.gov.uk/stellent/groups/d ... 07572.hcsp

Proposals for decriminalisation of additional offences

6. In the light of the approaches that have been made to the Department it is proposed that Schedule 3 to the RTA 1991 should be further amended to decriminalise the offences listed below. Your views are sought on these proposals.

a) Parking at Taxi Stands Sections 32 and 45 of the Road Traffic Regulation Act 1984 (RTRA 1984) allow local traffic authorities to provide parking places for taxis. They can use these powers to designate parking spaces for particular types of vehicles. However, some authorities are reluctant to use the powers in the RTRA 1984 because section 35(5) makes it an offence for a driver of a vehicle stopped in a parking place designated by the RTRA 1984 to accept passengers for hire. Instead, local traffic authorities prefer to use powers available to them under section 64 of the Local Government (Miscellaneous Provisions) Act 1976, which allows local authorities to provide taxi stands. At present, where taxi stands have been designated under the 1976 Act enforcement is a matter for the police. This is a straightforward non-endorsable parking offence. To provide for more effective enforcement and to reduce the call on police resources it is proposed that illegal parking in a taxi stand designated under section 64 of the Local Government (Miscellaneous Provisions) Act 1976 should be decriminalised within a PPA/SPA.


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PostPosted: Wed Aug 17, 2005 7:31 pm 
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JD wrote:
You recall I pointed out a few weeks ago about the enforcement of Taxi ranks being a police matter because of the fact it is a criminal offence. I also pointed out that the DfT were considering removing the criminal status and making the offence a civil one punishable by parking fines.



Sorry John I must have missed that one, but clearly the civil/criminal distinction is the crux of the BBC story, it's a pity they didn't point that out.

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PostPosted: Thu Aug 18, 2005 5:38 pm 
we have only been a unitary authority since 1997.
when the council took over parking enforement they sorted the ranks off the main roads.
but they forgot about the old main road ranks that the county council use to upkeep.
or something like that.
but now only some of the ranks can be ticketted by the councils parking people, and others just by the police.
wots that about booze ups in brewerys. [-(


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PostPosted: Fri Aug 19, 2005 6:05 pm 
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And they knew about it two years ago. :shock:

http://www.sunderlandtoday.co.uk/ViewAr ... ID=1121474

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PostPosted: Fri Aug 19, 2005 8:05 pm 
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Sussex wrote:
And they knew about it two years ago. :shock:

http://www.sunderlandtoday.co.uk/ViewAr ... ID=1121474

........................................................................................

Quote:
Sunderland Today wrote

“Although parking in taxi ranks is illegal, it is not currently an offence for which a fixed penalty is applicable under the decriminalised parking enforcement system.



I suspect that is because the offence hasn't yet been decriminalised. When it has, there will be no more "Obaid cases" but until that time arrives it is the police who have to police taxi ranks.

It just puts into perspective the issue Mr. Driver had in Cardiff when the parking warden more or less said said "he could do what he wanted in respect of Taxi rank parking".

I recently read a case but I can't recall which one where the judge stated any person assisting another to illegally park on a Taxi rank was committing an offence. lol

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