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Ancient Bye-laws now subject to enforcement!!
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Author:  cabbyman [ Mon Dec 01, 2008 7:00 pm ]
Post subject:  Ancient Bye-laws now subject to enforcement!!
The following is an extract from our local bye-laws, effective 03/12/76 and citing the statutory authority of s68 TPCA 1847 and s171 PHA 1875:

4. (1) The proprietor of a Hackney carriage shall cause the same to be provided with
a taximeter so constructed, attached, and maintained as to comply with the
following requirements, that is to say,
(i) If the taximeter is fitted with a flag or other device bearing the words “FOR
HIRE”
(a) the words “FOR HIRE” shall be exhibited on each side of the flag or
other device in plain letters at least 2in,
in height and the flag or other
device shall be capable of being locked in position in which the words
are horizontal and legible
(b) when the flag or other device is so locked the machinery of the
taximeter shall not be in action and a means of bringing it into action
shall be by moving the flag or other device so that the words are not
conveniently legible
(c) when the flag or other device is so locked that the aforesaid words are
horizontal and legible no fare shall be recorded on the face of the
taximeter.
(ii) If the taximeter is not fitted with a flag or other device bearing the words FOR
HIRE
(a) the taximeter shall be fitted with a key or other device the turning of
which will bring the machinery of the taximeter into action and cause
the word “HIRE” to appear on the face of the taximeter
(b) such key or device shall be capable of being locked in such a position
that the machinery of the taximeter is not in action and no fare is
recorded on the face of the taximeter.
2
(iii) When the machinery of the taximeter is in action there shall be recorded on the
face of the taximeter in figures clearly legible and free from ambiguity a fare
not exceeding the rates or fare which the proprietor or driver is entitled to
demand and take in pursuance of the byelaw in that behalf for the hire of the
carriage by distance.
(iv) The word “FARE” shall be printed on the face of the taximeter in plain letters
so as to clearly apply to the fare recorded thereon.
(v) The taximeter shall be so placed that all letters and figures on the face thereof
may be at all times plainly visible to any person being conveyed in the
carriage, and for that purpose the letters and figures shall be capable of being
suitably illuminated during any period of hiring.
(vi) The taximeter and all the fittings thereof shall be so fixed to the carriage with
seals or other appliances that it shall not be practicable for any person to
tamper with them except by breaking, damaging or permanently displacing the
seal or other appliances.
(2) The proprietor of a Hackney carriage provided with a taximeter not fitted with
a flag or other device bearing the words “FOR HIRE” shall cause the carriage
to be provided with a sign so constructed as to comply with the following
requirements, that is to say,
(a) the sign shall bear the words “FOR HIRE” in plain letters at least 2in,
in height
(b) the sign shall be capable of being so operated that it indicates clearly
and conveniently to persons outside the carriage whether or not the
carriage is for hire.

The following 'comment' appeared in the latest Council newsletter:


Ž For Hire Signs
We have notice an increase of smaller 'for
hire' signs recently. Please note that the
Fareham Byelaws specify that "the words
"FOR HIRE" shall be exhibited in plain
letters at least 2" in height and that they
must be horizontal. If you have one of the
smaller or round devices and the lettering
does not comply you are advised to change
this before the next inspections because it
will not pass.

We are somewhat perplexed by this comment because most 'for hire' signs in the lower left front windscreen would appear to be non-compliant, despite having been inspected and approved for many years past.

Can anyone offer some suggestions as to how we best overcome this problem? Any useful input gratefully received.

Please note: We are a mixed fleet of WAV and Saloon/Estate vehicles.
Author:  Sussex [ Mon Dec 01, 2008 7:02 pm ]
Post subject:  Re: Ancient Bye-laws now subject to enforcement!!
cabbyman wrote:
Can anyone offer some suggestions as to how we best overcome this problem? Any useful input gratefully received.

You get your committee to delegate your LO, or his boss, to have the powers to change size/shape/colour etc as they see fit.
Author:  cabbyman [ Mon Dec 01, 2008 7:15 pm ]
Post subject: 
Our problem is that the committee/LO are the ones looking to enforce.

I was wondering if modern interpretation may nullify the requirement in some way, particularly when you consider that the clause refers to a 'flag' that appears to be mechanically operated. However, I'm struggling to put together a cogent argument with my limited knowledge of the history of the trade and it's equipment.

:?
Author:  Sussex [ Mon Dec 01, 2008 7:47 pm ]
Post subject: 
We go back to the issue happening at York, it's via the council or via the courts.

I would ask for a meeting with your local councillor, or attend one of his/her surgeries.

From my experience taking to councillors over your problems helps, cos often they get information from LOs who hate change.
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