Taxi Driver Online

I don't think you commented last time round!!!

Of course, there's no need for a PH operator's licence up here, so one difference with the English situation (if I'm reading it correctly) is that you can run cars in any area from the same office.

So you could have an office in Sefton running cars on Sefton and Liverpool plates, but the cars would have to stick to their own area - I'm right in saying that under the current law in England you couldn't run Liverpool plates from an office in Sefton?

Section 21 sub sections 1, 2 and 3. 1982 act, However it doesn't actually say that a driver cannot sit and wait for a job does it? I gather there is no case law on the subject so in the absence of a clear legislative definition of the specific offence how do we know how a court would react?

It would make an interesting case but perhaps it's significant that enforcement officers have chosen no to prosecute anyone for this alleged offence?

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

The section says that it's an offence to operate a taxi or for PH to pick up passengers in an area that it's not licensed for, so that seems fairly clear.

The exemptions are if the driver is in his own area when the booking is recieved, or is taking a passenger outside the area or is returning to it.

So if a driver was hanging around or cruising out of area then they would prima facie be committing an offence, and there's no exemption.




Perhaps it's sufficiently clear that no one has tried it on, or if they have then the threat of prosecution has been sufficient to stop it.

And, excuse my ignorance, but does anyone know how many prosecutions have been undertaken or if the answer is 'none'?

And does anyone know if there has been any problem with the cross-border issue in Scotland?

I daresay that the odd rule is bent and that there could be ways round the provisions, but on the other hand perhaps it's just working reasonably well?

The legislation may be a bit convoluted and may have never been tested in court, but I'm quite sure the intention is to avoid Sefton and Berwick-type scenarios, and it seems to have succeeded.

Something which has been discussed on here on several occasions is the red cab case where the local taxi association tried to get the council to stop private hire sitting in a public place waiting for a job.

The case was not a case as such, it was a hearing requesting permission for a judicial review. The judicial review was not granted because the proper course of an appeal against a licensing condition of this nature is via the magistrates court.

However the Judge laid the law down to the council and told them that such a condition which prohibited a private hire vehicle to stand in any public place other than in connection with a pre-arranged booking was held to be beyond the purpose envisaged by the statute and to be unenforceable, or alternatively, not “reasonably necessary”.

(R v Blackpool Borough Council, ex p Red Cab Taxis Ltd (1994) 158 JP 1069 can be found on TDO.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

You are quite right but if you notice I didn't comment on the section I posted and that was probably a wise move because I hadn't studied it. However, seeing as it has resurfaced I'm going to put an opposing view to those who are of the opinion that the legislation means a vehicle cannot sit outside its licensed area awaiting a job.

You are going to have to bear with me because it might take a few days? lol

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Just a little something for JD to sing to himself while he is working hard:

Correct words for 'In My Liverpool Home' -


IN MY LIVERPOOL HOME
(Pete McGovern)

The Scaffold


I was born in Liverpool, down by the docks,
My religion was Catholic; occupation - hard knocks.
At stealing from lorries, I was adept,
and underneath overcoats each night I slept.

CHORUS: "In my Liverpool home, D..A..D..D..
in my Liverpool Home, G..G..D..D..
We speak with an accent exceedingly rare;
G.. G. .D.. D.. / (we) meet under a statue exceedingly bare.
[ G.. G.. D..D../A..A..D..D.. If you want a cathedral,
we've got one to spare, in my Liverpool home."
Back in the Forties the world it went mad,
and Hitler he threw at us all that he had.
When the smoke and the dust had all cleared from the air,
"Thank God," said my old man," the Pier Head's still there."

Over at Anfield* the shirts they are red. *LIVERPOOL.
And the players play football as though they were dead.
While over at Goodison* the shirts they are blue, *EVERTON.
and the football they play is fantastic to view.

If it's football you're wanting, the team at the top,
is the team that they're singing about in the Kop;
this city has got two great teams it deserves;
Liverpool ... First Team, and Liverpool Reserves.

I took a walk along Lime Street one day,
I saw a "Young lady" a-heading my way;
"Have you got the right time, love", says I to the lass,
She said, "I've got the time, Jack, if you've got the brass."

When I grew up, I met Bridget Mc Cann;
she said, "You're not much, but I'm needing a man;
I want sixteen kids, and a house out in Speke;
well, the flesh it was willing, but the spirit was weak.

Walton Gaol is the place for a quiet week-end.
Climb over the wall, and you'll meet all your friends.
You can sit and watch telly, drink whisky and beer
and chalk on the prison walls; "Kilroy was here".

We've got wide open spaces like the Wavertree Park,
where it's unsafe by daylight and more so by dark
We've got places of culture like Dingle and Speke,
where they play "tick" with hatchets, and fight with their feet.

We've got romantic places like the Cast-Iron Shore,
where you can find someone else's back door,
We had John, we had George, Ringo and Paul,
the Liverpool Spinners, and the St George's Hall.

Way out in Kirkby, the kids they wear clogs,
there's eight million kids there's ten million dogs.
They play "tick" with hatchets, I tell you no lie,
and they call you a "cissy" if you've more than one eye.

When my last whistle blows & the "Ref Up There" says;
"You've supped your last Guinness,lad, it's the end of your days,"
Take my ashes to Old Trafford and spread them around,
and they won't win a match while I'm haunting the ground

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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!

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www.youtube.com/watch?v=z07K29Fc15U

I never realised there were so many verses? You must have a good memory to remember all of them. lol.

Thank you for the efffort, its very much appreciated.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

I have heard many versions of this song.

But not one of them would beat the TDO word censor.

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IDFIMH

Well that'll be interesting, but it should perhaps be pointed out that the scenario you outline isn't precluded by the Act - a driver can wait outside his licensing area for A job, but if he's waiting for lots of jobs that's where there's a problem.



I'm sure we're all waiting with baited breath up here