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 Post subject: taxi rank legal or not
PostPosted: Mon Jan 08, 2007 2:41 am 
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Location: Grim North, Carrot Crunchers and Codhead Country, North of Watford Gap
a private vehicle was parked on the rank

a few moments later a team of parking enforcement council wallahs appear then start getting into the vehicle after they have issued some tickets

I approached them and said hey give us a chance mate you should know better than park on a rank, at the same time another driver came on the scene and asked the parking enforcers what gives them the right to park on a taxi rank then go and conduct business booking illeagaly parked cars further away

The reply from the council parking men was "its not a taxi rank" even you as taxis are not allowed to park here, we just turn a blind eye and let you get on with it

we pointed out the taxi stand sign, the words taxis only painted on the road, and 2 signs saying no parking at any time, the council men said maybe so but it still isn't a taxi rank because is does not have double yellow lines painted, he went on to say the yellow lines were burnt off a number of years ago cos disable vehicles parked on it, so yellow lines was removed at the request of taxi drivers, what a load of tosh, to put the yellow lines back would prove to be to expensive, so it is left as it is.

so any private vehicle can park or does park there, day and night and nothing can be done, we did ask the council enforcerers what if I parked my taxi on here and went into city centre shopping, answer, oh we would do you for leaving your taxi unattended, can they really do that??

whilst all this was going on the conversation was taped on a pocket dictaphone by one of the drivers who is going to take this further

could anyone come up with the legal requirements for a taxi rank, ie what markings or signs should be shown to be legal taxi rank


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PostPosted: Mon Jan 08, 2007 3:01 am 
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This topic has been discussed before Pete.

The simple answer is that a marked official taxi rank is designated SOLEY for the use of Hackney Carriages to wait for a hiring.

If you PARK your Hackney Carriage on such a rank you can be reported for leaving the vehicle unattended.

And rightly so.

If you have evidence of a non hackney vehicle parking on the rank then you should report it to whomever controls parking in that area.

B. Lucky :D

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PostPosted: Mon Jan 08, 2007 3:44 am 
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GA wrote:
If you have evidence of a non hackney vehicle parking on the rank then you should report it to whomever controls parking in that area.

B. Lucky :D


I have made a complaint through the Council website to Parking together with having photo evidence to back up my claim


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PostPosted: Mon Jan 08, 2007 9:20 am 
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Stinky Pete wrote:
could anyone come up with the legal requirements for a taxi rank, ie what markings or signs should be shown to be legal taxi rank

If it's not a taxi rank and the LOs knew about it then the LOs are an utter disgrace for not sorting it sooner.

What they might be saying if the lines don't run in sync with the lines outside of the rank.

So if the lines are double yellow either side of the rank, then they need to be double yellow inside of the rank.

Same with single lines and no lines. :wink:

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PostPosted: Mon Jan 08, 2007 12:11 pm 
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Before you read this please take note that many local authorities have opted for the decriminalisation of Taxi ranks, which means the police no longer enforce ranks under the 1976 act in those areas that have opted for decriminalisation.

Most council Taxi ranks these days come under the supervision of parking attendents who's job it is to issue Parking tickets. Before the decriminalisation of Taxi ranks the law was as follows and in some areas this law still applies. However, A Taxi rank is active as long as the following procedures are in place and the rank has not been "revoked" for one reason or another. The procedures for making a Taxi rank are still the same but the issue of parking on them in most cases as I stated has become a parking offence.

Under normal circumstances any sign that is in evidence would normally mean the rank is still active. If signs or markings are absent then it would be wise to consult Taxi licensing or the highways department for the current status. Case law appertaining to waiting on Taxi ranks can be found on TDO. Obaid v Bradford. Perhaps the Jennings case is on here too I can't recall off hand.

My advice would be to confirm the rank is still operational by contacting your LO and for your own satisfaction ask for the publication notice and date of when the rank was publicised in the local press and if it has been revoked ask for the revocation notice withdrawing the rank. Once you have those two items you will know where you stand in respect of the validity of the rank. If rank markings or signs are absent then you should inform the licensing office who under normal circumstances will rectify the situation by having those markings updated.

Your local Taxi association should have details of the status of this rank, if they don't then they are not doing their job on behalf of their members.

Please keep us informed of developements.

Regards

JD
......................................

Prohibition of other vehicles on hackney carriage stands.

In an area to which Part II of the Local Government (Miscellaneous Provisions) Act 1976 applies, no person may cause or permit any vehicle other than a hackney carriage to wait on any stand for hackney carriages during any period for which that stand has been appointed, or is deemed to have been appointed, by a district council. Notice of this prohibition must be indicated by such traffic signs as may be prescribed or authorised for the purpose by the Secretary of State in pursuance of his powers.


If any person without reasonable excuse contravenes these provisions, he is guilty of an offence. In any proceedings against the driver of a public service vehicle it is a defence to show that, by reason of obstruction to traffic or for other compelling reason, he caused his vehicle to wait on a stand or part of a stand and that he caused or permitted his vehicle so to wait only for so long as was reasonably necessary for the taking up or setting down of passengers.

1 Ie the Local Government (Miscellaneous Provisions) Act 1976 Pt II (ss 45–80) (as amended). As to the application of Pt II (as amended) see para 1054 ante.

2 For the meaning of 'hackney carriage' (definition applied by virtue of the Local Government (Miscellaneous Provisions) Act 1976 s 80(1)).

3 s 64(1). The reference in the text to a stand appointed or deemed to be appointed by a district council is to one so appointed under s 63 (as amended): As to the meaning of 'district council' see para 1054 note 5 ante.

4 Ibid s 64(2). The reference in the text to the powers of the Secretary of State is to his powers under the Road Traffic Regulation Act 1984 s 64 (as amended): see para 592 ante. As to the Secretary of State see para 35 ante. As to the transfer of certain functions of the Secretary of State, so far as exercisable in relation to Wales, to the National Assembly for Wales see para 36 ante.

5 'Contravene' includes fail to comply: Local Government (Miscellaneous Provisions) Act 1976 s 80(1).

6 Ibid s 64(3). 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). Where such an offence is due to the act or default of another person, then, whether proceedings are taken against the first-mentioned person or not, that other person may be charged with and convicted of the offence, and is liable on conviction to the same punishment as might have been imposed on the first-mentioned person if he had been convicted of the offence: Local Government (Miscellaneous Provisions) Act 1976 s 72(1).

Where an offence which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he as well as the body corporate is guilty of an offence and is liable to be proceeded against and punished accordingly: ss 44(3), 72(2). As to the standard scale see para 29 note 3 ante.

7 Ie under ibid s 64.8 For the meaning of 'public service vehicle' see para 818 ante; definition applied by virtue of the Local Government (Miscellaneous Provisions) Act 1976 s 80(1) (amended by the Public Passenger Vehicles Act 1981 s 88, Sch 7 para 20)).9 Local Government (Miscellaneous Provisions) Act 1976 s 64(4).
..................................................

1976 Act

63 Stands for hackney carriages (1) For the purposes of their functions under the Act of 1847, a district council may from time to time appoint stands for hackney carriages for the whole or any part of a day in any highway in the district which is maintainable at the public expense and, with the consent of the owner, on any land in the district which does not form part of a highway so maintainable and may from time to time vary the number of hackney carriages permitted to be at each stand.

(2) Before appointing any stand for hackney carriages or varying the number of hackney carriages to be at each stand in exercise of the powers of this section, a district council shall give notice to the chief officer of police for the police area in which the stand is situated and shall also give public notice of the proposal by advertisement in at least one local newspaper circulating in the district and shall take into consideration any objections or representations in respect of such proposal which may be made to them in writing within twenty-eight days of the first publication of such notice.

(3) Nothing in this section shall empower a district council to appoint any such stand —

(a) so as unreasonably to prevent access to any premises;

(b) so as to impede the use of any points authorised to be used in connection with a [local service within the meaning of the Transport Act 1985] [or PSV operator's licence granted under [the Public Passenger Vehicles Act 1981]], as points for the taking up or setting down of passengers, or in such a position as to interfere unreasonably with access to any station or depot of any passenger road transport operators, except with the consent of those operators;

(c) on any highway except with the consent of the highway authority; and in deciding the position of stands a district council shall have regard to the position of any bus stops for the time being in use.

(4) Any hackney carriage byelaws for fixing stands for hackney carriages which were made by a district council before the date when this section comes into force in the area of the council and are in force immediately before that date shall cease to have effect, but any stands fixed by such byelaws shall be deemed to have been appointed under this section.

(5) The power to appoint stands for hackney carriages under subsection (1) of this section shall include power to revoke such appointment and to alter any stand so appointed and the expressions "appointing" and "appoint" in subsections (2) and (3) of this section shall be construed accordingly.

Amendment

Sub-s (3): first words in square brackets substituted by the Transport Act 1985, s 1, Sch 1, para 2; second words in square brackets substituted by the Transport Act 1980, s 43, Sch 5, Part II, words in square brackets therein substituted by the Public Passenger Vehicles Act 1981, s 88, Sch 7, para 19.

64 Prohibition of other vehicles on hackney carriage stands (1) No person shall cause or permit any vehicle other than a hackney carriage to wait on any stand for hackney carriages during any period for which that stand has been appointed, or is deemed to have been appointed, by a district council under the provisions of section 63 of this Act.

(2) Notice of the prohibition in this section shall be indicated by such traffic signs as may be prescribed or authorised for the purpose by the Secretary of State in pursuance of his powers under [section 64 of the Road Traffic Regulation Act 1984].

(3) If any person without reasonable excuse contravenes the provisions of this section, he shall be guilty of an offence.

(4) In any proceedings under this section against the driver of a public service vehicle it shall be a defence to show that, by reason of obstruction to traffic or for other compelling reason, he caused his vehicle to wait on a stand or part thereof and that he caused or permitted his vehicle so to wait only for so long as was reasonably necessary for the taking up or setting down of passengers.

Amendment
Sub-s (2): words in square brackets substituted by the Road Traffic Regulation Act 1984, s 146,Schl3,para36.
....................................


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 Post subject:
PostPosted: Mon Jan 08, 2007 9:24 pm 
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reply from parking

The Parking Enforcement Team are exempt from the parking restriction when carrying out their enforcement duties, although that does not include causing an obstruction which is enforceable by the Police.

I can appreciate the difficulties that you have experienced and I will ask them not to park in the taxi rank in future.

Regards

Russ Broadbent
Parking Services Manager


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PostPosted: Mon Jan 08, 2007 10:16 pm 
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Stinky Pete wrote:
reply from parking

The Parking Enforcement Team are exempt from the parking restriction when carrying out their enforcement duties, although that does not include causing an obstruction which is enforceable by the Police.

I can appreciate the difficulties that you have experienced and I will ask them not to park in the taxi rank in future.

Regards

Russ Broadbent
Parking Services Manager


Ask him under what law are they exempt because they certainly aren't exempt under the 1976 act.

Regards

JD


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PostPosted: Wed Jan 10, 2007 8:50 pm 
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What a world we live in, this could all be resolved for the cost of a tin of yellow paint.

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 Post subject:
PostPosted: Fri Jan 12, 2007 5:23 am 
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Location: Grim North, Carrot Crunchers and Codhead Country, North of Watford Gap
what can I say, this has come up re the above mentioned rank as advertised in the local rag
revocation and re appointment of hackney carriage stand

to revoke the existing rank, whose stand has a 24 hour operation period every day

to re appoint the rank to operate from 0730hrs to 2200hrs every day

2200hrs, thats when it starts to get busy, so much that the Council want more drivers to work the late shift to cover 24hr drinking

this rank is in the heart of the city, the rank services all the trendy wine bars and eating places and they want us to p*ss off when it gets busy, some new residents have complained they can't get to sleep for all the fighting on the taxi rank and noise from revving taxi drivers engines, what noise, what fights, its one of the quitest areas in the city, but these well to do have chozen to buy appartments right on the taxi rank edge.

so at 2200hrs [10.00 o clock in the evening to those not on 24hr clock] we will have to leave all standing there after that time, or if no one is waiting got to pass the rank

so whats the score, the rules are after 1900hrs all Hacks can go and do whatever they want, cruise, sit in a square,pub car park or park up wherever you want, or go to a taxi rank, I don't want to cruise or go anywhere else as I can quite happily make my money there

so in theory after 2200hrs I could just sit on the other side of the street and wait for a job opposite the taxi rank
people will still come to the taxi rank, can't seem to think they will say, oh dear 2200hrs we can't stand and wait for a cab

its b*llocks, its total b*llocks, the Council have sh*t on us yet again, cos the appartment owners pay big council rates to live there, stuff you lot your only taxi drivers, scum of the earth, led to believe how they think

is there anything else York Council want to do to to mess up our incomes, cos thats all they seem to want to do

yours
p*ssed off taxi driver


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PostPosted: Fri Jan 12, 2007 5:52 am 
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Dear p*ssed off taxi driver

You could try and get a job at B&Q, thats if you can do an introduction dance on interview selection, or try Tesco shelf stacking and compete with the Poles and Phillipino's, or you could try Private hire [you do own satnav don't you sir]or, have you thought about being a pornstar, yes I have, that would suit me fine, but don't let my wife know, is that days or nights,??

Yes I'll take that job, pornstar, sounds interesting, when do I start, do I need a licence

oh never mind, my brake pads warning has just come up on the car computer, I'll have to carry on cabbing for the moment, unless the lottery comes up this week


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 Post subject:
PostPosted: Thu Jan 18, 2007 12:31 pm 
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apparently it is because the double yellow lines have been removed where the confusion arises, and the difference between fixed penalty notices and parking charge notices,if a private car is parked on a hackney rank, only the police have the power to issue a ticket or a fixed penalty, if double yellow lines are present then council attendants can issue a penalty charge notice.


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 Post subject:
PostPosted: Thu Jan 18, 2007 10:46 pm 
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Stinky we have a sex workers branch, but do you measure UP???????????

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PostPosted: Fri Jan 19, 2007 4:54 am 
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GMB Branch secretary wrote:
Stinky we have a sex workers branch, but do you measure UP???????????


yes, big style, I've looked in the mirror, there are restrictions tho, , call me "big boy", wife has to many headaches or feels tired, and she's 10 years younger than me

does sex workers include pornstars not yet heard of yet


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PostPosted: Fri Jan 19, 2007 10:09 pm 
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ROG post the evidence, then you get audition!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

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PostPosted: Sat Jan 20, 2007 3:19 pm 
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These adjudicator cases are Self Explanatory and I thought they might be of interest to someone?

Private Hire Vehicles: bus lanes Collins v Transport for London (PATAS Case No. 2040149458)

The question was whether a Private Hire Vehicle (PHV) from outside London was a "taxi" for the purposes of bus lane control. If it was, it could be driven in those bus lanes that "taxis" were allowed to use. In TFL v Faw (Case Number 203013556A) the Adjudicator found that a London PHV was not a "taxi" and therefore could not use bus lanes. The Adjudicator said it would be a curious anomaly if London PHVs could not use bus lanes in London but PHVs from outside London could. In fact there was no such anomaly.

A vehicle was a taxi if licensed under section 37 of the Town Police Clauses Act 1847, section 6 of the Metropolitan Public Carriages Act 1868, or under any similar enactment. This vehicle was licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976. The question therefore was whether the vehicle was a hackney carriage, the distinguishing feature of which was that it could ply for hire in the street. To do so, it had to be positively licensed to do so under one of the relevant enactments.

The vehicle in this case was a PHV. It was a fundamental feature of the relevant legislation that it distinguished between hackney carriages, which could ply for hire in the street, and PHVs, which could not: see Brentwood BC v Gladen (The Times 1 November 2004). Section 80(1) of the 1976 Act expressly excluded hackney carriages from the definition of a PHV. The vehicle in this case was a PHV. It therefore was not a hackney carriage and could not ply for hire in the street.

Accordingly it was not a "taxi"for the purposes of the use of bus lanes. However, as it was the principle of the decision that TFL were interested in, not the individual case, the Adjudicator did not consider it in the interests of justice to review the original decision and set it aside, and so place the Appellant in the position of being liable to pay the penalty after receiving a favourable decision in the first place. The Appellant could, however, be in no doubt that he could not drive a PHV in a bus lane. Original Decision to Allow the Appeal Confirmed

Taxi Rank: Ehsani v Hammersmith & Fulham (PATAS Case No. 2040065857)

The Appellant’s vehicle was a licensed hackney carriage. It was parked in a taxi rank. The Penalty Charge Notice stated that it was issued for the contravention of parking in a taxi rank. The Appellant responded that as his vehicle was a taxi he was permitted to park there. The local authority alleged that the vehicle was parked in breach of the terms and conditions of use of the taxi rank. It stated that the evidence from the CCTV camera showed that the Appellant was not actively plying for hire as the vehicle was parked at 11:19 and was still parked at 11:52, and that during this time the driver was seen to leave the vehicle and return.

The rank was created under the provisions of the London Hackney Carriages Act 1850. The Licensed Taxi Regulations referring to the conditions of use stated, in essence, that the rank was for the purposes of allowing a taxi to ply for hire. These regulations referred to the penalty in each case as level 3 which, the Adjudicator said, related to the level of
fines in the magistrates court rather than a penalty charge for a parking contravention.

The local authority had not provided any Traffic Management Order that referred to the specific terms of the contravention. The issue therefore was whether the local authority was entitled to issue a Penalty Charge Notice to the vehicle for being parked in breach of the regulations prescribing the
conditions of use of the taxi rank. Parking enforcement in London was decriminalised by the Road Traffic Act 1991. Section 76 of that Act did not refer to the London Hackney Carriages Act 1850 in setting out the various provisions that relate to decriminalisation of provisions that had previously been offences enforceable in the magistrates' courts. The local authority was therefore not authorised to enforce a contravention against a taxi driver for breaching the conditions of use of the taxi rank.

Appeal allowed
.............................


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PostPosted: Sat Jan 20, 2007 5:23 pm 
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JD wrote:
the Adjudicator found that a London PHV was not a "taxi" and therefore could not use bus lanes.


Hear, hear. =D>


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