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PHV 'ranking'
http://taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=10772		 Page 1 of 5
Author:  cabbyman [ Tue Feb 17, 2009 7:16 pm ]
Post subject:  PHV 'ranking'
I know this subject has been done to death before but I'm wondering about a slightly new twist on it:

I espied 2 PHVs today, in a remote corner of a council owned, free car park. They were 'nearly' out of public gaze, but not quite, IMHO. There is an official rank on the other side of the car park.

Were they legal? If not, where should they move to? They were about two miles from their operating base/workshops.
Author:  wannabeeahack [ Tue Feb 17, 2009 7:47 pm ]
Post subject: 
They were standing by for a radio job, any PHV with signs could be deemed to be "plying" at anytime, mines outside while im in here, is it touting?, the signs are big enough...
Author:  toots [ Tue Feb 17, 2009 8:21 pm ]
Post subject: 
I was under the impression that PH can park anywhere providing it is in a legal space i.e not a rank, not double yellows etc. I could of course be wrong and it wouldn't be the first time :D
Author:  captain cab [ Tue Feb 17, 2009 8:22 pm ]
Post subject: 
toots wrote:
I was under the impression that PH can park anywhere providing it is in a legal space i.e not a rank, not double yellows etc. I could of course be wrong and it wouldn't be the first time :D


It depends :wink:

CC
Author:  wannabeeahack [ Tue Feb 17, 2009 8:28 pm ]
Post subject: 
PHV avoids touting charge...

Image
Author:  captain cab [ Tue Feb 17, 2009 8:30 pm ]
Post subject: 
wannabeeahack wrote:
PHV avoids touting charge...

Image


Strangely enough....one of the biggest court cases in respect of this was for something you actually describe. :shock:

CC
Author:  toots [ Tue Feb 17, 2009 8:33 pm ]
Post subject: 
captain cab wrote:
toots wrote:
I was under the impression that PH can park anywhere providing it is in a legal space i.e not a rank, not double yellows etc. I could of course be wrong and it wouldn't be the first time :D


It depends :wink:

CC


On what? or perhaps I should say wot don't want to appear too posh :wink:
Author:  captain cab [ Tue Feb 17, 2009 8:35 pm ]
Post subject: 
toots wrote:

On what?


A number of things

CC
Author:  captain cab [ Tue Feb 17, 2009 8:38 pm ]
Post subject: 
wannabeeahack wrote:
They were standing by for a radio job, any PHV with signs could be deemed to be "plying" at anytime, mines outside while im in here, is it touting?, the signs are big enough...


Vant vs Cripps

salutations to JD for posting the above case on here.

CC
Author:  toots [ Tue Feb 17, 2009 9:00 pm ]
Post subject: 
Has any of that changed with the advent of the 1976 act regarding signage etc. When you consider that the majority of PH that are sitting around are working from licenced offices. 1960 is a bit of a dark age when it comes to PH
Author:  wannabeeahack [ Tue Feb 17, 2009 9:06 pm ]
Post subject: 
So a PHV cant legally stop anywhere then?

has to keep being driven....never stopping.....never parking up.....

or must be hidden from view?
Author:  captain cab [ Tue Feb 17, 2009 9:10 pm ]
Post subject: 
toots wrote:
Has any of that changed with the advent of the 1976 act regarding signage etc. When you consider that the majority of PH that are sitting around are working from licenced offices. 1960 is a bit of a dark age when it comes to PH


Exhibition of the vehicle is part of the argument...it also depends on the activity of the driver.....where the vehicle is parked....if the vehicle is on a street......if the public has access to a street etc

For example there is one case where a pub car park could be considered a street whilst the pub was open....but not when the pub was closed.

Summing up....and I await JD and Sussex's and possibly MrT putting up his definition of a street case you should consider;

Where the vehicle is parked, if the vehicle has signs on it, if the driver is there and if the driver speaks to the potential hirer.

Confused....? that makes two of us :wink:

CC
Author:  toots [ Tue Feb 17, 2009 9:14 pm ]
Post subject: 
Our LA say we should keep our signs on the doors at all times. This is no problem for me I have off road parking and a garage so nobody would see it and I couldn't be accused of plying for hire whilst its parked up. Some people wouldn't have this and would have to park on the street. Not all signage is removable, it's all very strange and as per the norm confusing :?
Author:  JD [ Tue Feb 17, 2009 9:15 pm ]
Post subject: 
toots wrote:
Has any of that changed with the advent of the 1976 act regarding signage etc. When you consider that the majority of PH that are sitting around are working from licenced offices. 1960 is a bit of a dark age when it comes to PH


Each case will turn on its own facts. There are a great many cases regarding illegal plying for hire both from the past and from the present, which have established many basic principles. They may seem outdated principles to most people but not the judiciary.

Regards

JD
Author:  toots [ Tue Feb 17, 2009 9:19 pm ]
Post subject: 
JD wrote:
toots wrote:
Has any of that changed with the advent of the 1976 act regarding signage etc. When you consider that the majority of PH that are sitting around are working from licenced offices. 1960 is a bit of a dark age when it comes to PH


Each case will turn on its own facts. There are a great many cases regarding illegal plying for hire both from the past and from the present, which have established many basic principles. They may seem outdated principles to most people but not the judiciary.

Regards

JD


So what are the 'basic' principles apart from the fact that PH cannot be flagged down and has to be pre booked?
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