London Jim wrote:
We are not a bunch of pillocks, you have obviously missed the main point of the grievance. WE do not want to by put in the same basket as Private hire. We are not the same trade. We do not do the same job. This is were the trouble is being caused by PHV drivers who now think they are Taxi drivers.
I don't profess to be an expert on the London taxi trade but if I could make some fair observations regarding comparisons of the job description of a taxi driver no matter where in the country those taxi drivers might be found, then perhaps we might get a little clarity in this thread?
It is an acknowledged fact in most quarters that obtaining the London knowledge is a prestigious accomplishment, however many would say, "that is as far as it goes".
The regulations governing the UK taxi and private hire trade are practically identical throughout the country therefore apart from the London knowledge nothing sets them apart from other UK taxi drivers except perhaps their own individual professionalism?
Touting is catered for in all taxi legislation and that has practically been the case ever since the first London taxi act was enacted. The offence of touting is now part and parcel of the criminal justice act but the offence still resides in historic hackney carriage legislation dating back to the 19th century. I don't have to remind you where it is or what it says because you probably already know and if you don't know, then you can find it on TDO.
The fact that hackney carriage drivers are not private hire drivers is immaterial for the purpose of notification of this offence because the opportunity to transgress the law in this respect is open to anyone employed in the business of hire or reward and I'm afraid that includes all taxi drivers no matter where they are licensed and who they might be?
Passing a difficult knowledge test doesn't exempt you from the law, it merely proves you have the capacity to memorise countless streets and roads and places of importance. The law is the law and it applies to hackney carriage drivers just as much as it does to private hire drivers.
This website is full of hackney carriage case law relating to touting dating back to the 1800's so it is not something that has suddenly surfaced, nor is the concept of private hire, for that was also an accepted activity in the 1800's albeit a legally unlicensed activity.
On a personal note I think the London Taxi trade should take note of what is being proposed here because it is my experience that hackney carriage drivers are just as susceptible to temptation as private hire drivers.
Primarily the acts were intended to regulate or to prevent anyone from touting for hire with an unlicensed hackney carriage but provision was also written into the acts which forbade hackney carriage drivers from doing the same thing by calling out as they drove along and soliciting custom in a way which is incompatible with the general principle of plying for hire.
I suspect there has never been a London cab driver who has illegally picked up a flagger outside of their own licensed area or a yellow badge driver that has never picked up a flagger in a green badge area?
One assumes you wish the law to be applied both equally and fairly therefore if that be the case then informing all London hackney carriage and private hire drivers that breaches of this particular law will not be countenanced would in most peoples minds be the most practical thing to do?
The comments of the driver concerned suggests that the letter should not have been sent to hackney carriage drivers because they have done the knowledge and are incapable of breaking the law relating to touting inside their own area or plying for hire outside their own area. I think that is the wrong attitude to take and in my opinion it shows a complete lack of understanding of the laws relating to touting and illegal plying for hire. Perhaps the London knowledge should include a more in-depth understanding of hackney carriage legislation?
Regards
JD
Login
Register
FAQ
](./images/smilies/eusa_wall.gif "Brick wall")
