ACTUAL HACKNEY CARRIAGE LAW.

Sussex · **Posted:** Thu Aug 04, 2011 7:44 pm

If you go to page 98 of this lengthy document you will see an indication of what the courts view as taxi (as in hackney carriage) touting.

http://sentencingcouncil.judiciary.gov. ... _4_web.pdf

IMO if you are waiting anywhere (other than a rank or pre-booked job) with your 'for hire' sign on, then you are committing an offence.

An argument could be made that even if you didn't have it on, if you were parked up outside a nightclub or hotel, then that would be classed as 'touting' as well.

TONY THE TAXI · **Posted:** Thu Aug 04, 2011 7:47 pm

toots wrote:

blackpool wrote:

Cant see how that is illegall,for instance when starting work in the morning or evening someone approaches your cab, why wouldnt you take them ? I must be breaking the law at least a dozen times a week :roll:

Deliberately sitting off when not on a rank to obtain a fare is illegally plying for hire, it's that simple. I don't know why you don't understand this, I'm ph and I understand it. You've commented on this subject before and I got the impression that you thought as a HC driver you can pick up wherever you want, however you want so long as it's within your licensed area

This particular problem only arose today,seems that some are saying its o.k. others are saying differant,so guess there are others who dont understand what you say.

Sussex · **Posted:** Thu Aug 04, 2011 7:52 pm

TONY THE TAXI wrote:

This particular problem only arose today,seems that some are saying its o.k. others are saying differant,so guess there are others who dont understand what you say.

Apply to have a rank, night-time one if need be, outside the club.

Problem solved.

blackpool · **Joined:** Wed Sep 30, 2009 10:37 pm **Posts:** 2406

Would love to see someone try and get accused of touting for that ,youd never get it to stick.Say youve dropped someone off at their hotel and out comes someone "are you free now mate" Pretty sure im not going to say no.and sure i wouldnt get prosecuted for it

captain cab · **Posted:** Thu Aug 04, 2011 7:59 pm

http://www.taxi-driver.co.uk/phpBB2/vie ... ade76b453e

captain cab · **Posted:** Thu Aug 04, 2011 8:10 pm

blackpool wrote:

Would love to see someone try and get accused of touting for that ,youd never get it to stick.Say youve dropped someone off at their hotel and out comes someone "are you free now mate" Pretty sure im not going to say no.and sure i wouldnt get prosecuted for it

happens to PHV's all the time........and HC's

CC

TONY THE TAXI · **Posted:** Thu Aug 04, 2011 8:56 pm

Sussex wrote:

TONY THE TAXI wrote:

This particular problem only arose today,seems that some are saying its o.k. others are saying differant,so guess there are others who dont understand what you say.

Apply to have a rank, night-time one if need be, outside the club.

Problem solved.

There as never been a problem with Taxi,s waiting outside the club,this problem only arose today on a piece of ground that we park on normally all year round.

toots · **Posted:** Thu Aug 04, 2011 8:59 pm

TONY THE TAXI wrote:

Sussex wrote:

TONY THE TAXI wrote:

This particular problem only arose today,seems that some are saying its o.k. others are saying differant,so guess there are others who dont understand what you say.

Apply to have a rank, night-time one if need be, outside the club.

Problem solved.

There as never been a problem with Taxi,s waiting outside the club,this problem only arose today on a piece of ground that we park on normally all year round.

Maybe it was only recently that the LO finally discovered this little snippet of info

captain cab · **Posted:** Thu Aug 04, 2011 9:07 pm

TONY THE TAXI wrote:

There as never been a problem with Taxi,s waiting outside the club,this problem only arose today on a piece of ground that we park on normally all year round.

Ask the LO the question, ask them to point you to the bit of legislation preventing you from ranking there.

CC

captain cab · **Posted:** Thu Aug 04, 2011 9:18 pm

Sussex wrote:

If you go to page 98 of this lengthy document you will see an indication of what the courts view as taxi (as in hackney carriage) touting.

http://sentencingcouncil.judiciary.gov. ... _4_web.pdf

IMO if you are waiting anywhere (other than a rank or pre-booked job) with your 'for hire' sign on, then you are committing an offence.

An argument could be made that even if you didn't have it on, if you were parked up outside a nightclub or hotel, then that would be classed as 'touting' as well.

But the act and guidance (Transport Circular 4/94) state;

Taxi touts
167 Touting for hire car services

(1) Subject to the following provisions, it is an offence, in a public place, to solicit persons to hire vehicles to carry them as passengers.

(2) Subsection (1) above does not imply that the soliciting must refer to any particular vehicle nor is the mere display of a sign on a vehicle that the vehicle is for hire soliciting within that subsection.

CC

Sussex · **Posted:** Thu Aug 04, 2011 9:43 pm

captain cab wrote:

(2) Subsection (1) above does not imply that the soliciting must refer to any particular vehicle nor is the mere display of a sign on a vehicle that the vehicle is for hire soliciting within that subsection. [/i]

Not really sure that goes against what I said.

Clearly cab drivers parked up eating a kebab ain't touting, lights on or off, but if they are lined up outside a nightclub, then that's touting.

captain cab · **Posted:** Thu Aug 04, 2011 9:48 pm

Sussex wrote:

Not really sure that goes against what I said.

Clearly cab drivers parked up eating a kebab ain't touting, lights on or off, but if they are lined up outside a nightclub, then that's touting.

I disagree.....I'd say touting was pro-active conduct in getting a fare.

That aside, if the taxi is worked correctly by its byelaws then 9 times out of 10 it should return to the nearest rank?

CC

TONY THE TAXI · **Posted:** Thu Aug 04, 2011 9:53 pm

Sussex wrote:

captain cab wrote:

(2) Subsection (1) above does not imply that the soliciting must refer to any particular vehicle nor is the mere display of a sign on a vehicle that the vehicle is for hire soliciting within that subsection. [/i]

Not really sure that goes against what I said.

Clearly cab drivers parked up eating a kebab ain't touting, lights on or off, but if they are lined up outside a nightclub, then that's touting.

Looks like its one rule for one place and one for the other,maybe we have a case of discrimination against the council.

captain cab · **Posted:** Thu Aug 04, 2011 10:03 pm

We all know toots was before referring to Liverpool and cherrypicking..........but I can't remember actually seeing a case where a HC driver has been prosecuted for a section 167 offence.

CC

Brummie Cabbie · **Posted:** Fri Aug 05, 2011 10:45 am

Sussex wrote:

Else it's touting, and that is a criminal offence.

Is it?

Just standing in a street is touting?

It might be illegal, but touting I'm sure it ain't!!

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