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| Return to the rank....or not? http://taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=16050 |
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| Author: | cabbyman [ Mon Feb 07, 2011 7:09 pm ] |
| Post subject: | Return to the rank....or not? |
As a company, we insist that our cars return to the rank by the shortest route on completion of a job. This keeps the distribution of work fairer and gives us a public presence on the ranks. We are, however, considering introducing a 'stop where you drop' policy that would enable drivers to save fuel rather than spending 15p/mile returning to a rank. We would try to ensure that 'busy' zones are controlled effectively. Are there any legal constraints to our proposals? Any comments would be much appreciated. |
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| Author: | toots [ Mon Feb 07, 2011 7:25 pm ] |
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As taxis are they not suppose to return to a rank to ply their trade or drive around and hope for a hail? If they stop where they drop they could be seen as plying for hire without the benefit of a rank |
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| Author: | Sussex [ Mon Feb 07, 2011 7:42 pm ] |
| Post subject: | Re: Return to the rank....or not? |
cabbyman wrote: Are there any legal constraints to our proposals?
In the Model By-laws there is a common one that says cabs must return to the nearest free rank, so it could be viewed as a by-law breach if you have said by-law. If you don't then a case could be made that your cabs are touting, as they are not plying on a rank. |
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| Author: | cabbyman [ Mon Feb 07, 2011 8:44 pm ] |
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Any case law/guidance available on that, Sussex? |
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| Author: | skippy41 [ Mon Feb 07, 2011 9:04 pm ] |
| Post subject: | |
A hack can sit and wait on any street that has no parking restrictions as long as they are not in sight of a rank |
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| Author: | captain cab [ Mon Feb 07, 2011 9:05 pm ] |
| Post subject: | |
skippy41 wrote: A hack can sit and wait on any street that has no parking restrictions as long as they are not in sight of a rank
Or available for hire. CC |
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| Author: | jimbo [ Mon Feb 07, 2011 9:07 pm ] |
| Post subject: | Re: Return to the rank....or not? |
Sussex wrote: cabbyman wrote: Are there any legal constraints to our proposals? In the Model By-laws there is a common one that says cabs must return to the nearest free rank, so it could be viewed as a by-law breach if you have said by-law. If you don't then a case could be made that your cabs are touting, as they are not plying on a rank. Can't have them stealing work off the parked up touting PH's. can we? |
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| Author: | Sussex [ Mon Feb 07, 2011 10:08 pm ] |
| Post subject: | |
cabbyman wrote: Any case law/guidance available on that, Sussex?
Touting laws? http://www.legislation.gov.uk/ukpga/1994/33/section/167 Have a look at that and list any questions. 
As for your by-laws, methinks you should have a list of those. If the 'return to rank' bit isn't in them then clearly it wont apply. |
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| Author: | Sussex [ Mon Feb 07, 2011 10:09 pm ] |
| Post subject: | Re: Return to the rank....or not? |
jimbo wrote: Can't have them stealing work off the parked up touting PH's. can we?
Most certainly not. |
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| Author: | Caledonian Cabbie [ Tue Feb 08, 2011 2:11 am ] |
| Post subject: | Re: Return to the rank....or not? |
Sussex wrote: If you don't then a case could be made that your cabs are touting, as they are not plying on a rank.
Surely they would just be plying where they shouldn't be rather than touting? I mean, a driver legitimately on a rank could be done for touting if he gets out of his car and actively solicits customers, but if he's parked where he shouldn't be then surely he wouldn't be touting just by doing what a HC normally does on a rank even if he's where he shouldn't be ? 
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| Author: | cabbyman [ Tue Feb 08, 2011 5:39 am ] |
| Post subject: | |
For clarification, every vehicle is HC, no PHV in the company. |
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| Author: | Sussex [ Tue Feb 08, 2011 8:20 am ] |
| Post subject: | Re: Return to the rank....or not? |
Caledonian Cabbie wrote: Surely they would just be plying where they shouldn't be rather than touting?
They are always plying, but if they are waiting stationary away from an authorised rank, then they are touting. |
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| Author: | blackpool [ Tue Feb 08, 2011 1:51 pm ] |
| Post subject: | |
Never heard of a hackney prosecuted for touting when sat minding his own buisness ? Maybe failing to proceed. |
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| Author: | cabbyman [ Tue Feb 08, 2011 5:32 pm ] |
| Post subject: | Re: Return to the rank....or not? |
Sussex wrote: Caledonian Cabbie wrote: Surely they would just be plying where they shouldn't be rather than touting? They are always plying, but if they are waiting stationary away from an authorised rank, then they are touting. Legal authority? |
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| Author: | Sussex [ Tue Feb 08, 2011 8:01 pm ] |
| Post subject: | Re: Return to the rank....or not? |
cabbyman wrote: Sussex wrote: Caledonian Cabbie wrote: Surely they would just be plying where they shouldn't be rather than touting? They are always plying, but if they are waiting stationary away from an authorised rank, then they are touting. Legal authority? There is a Sentencing Council Guideline for 'Taxi Touting', so it must be an offence. What constitutes a touting offence is down to the circumstances at the time. But I would say taxis 'ranking' up outside of a club where no authorised rank is present, is an offence. |
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