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PostPosted: Tue Feb 17, 2009 9:28 pm 
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toots wrote:

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


I'd say picking up and taking a passenger was fundamental :wink:

CC

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PostPosted: Tue Feb 17, 2009 9:31 pm 
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captain cab wrote:
toots wrote:

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


I'd say picking up and taking a passenger was fundamental :wink:

CC


I do that as often as possible actually

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PostPosted: Tue Feb 17, 2009 9:32 pm 
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wannabeeahack wrote:

I do that as often as possible actually


:lol:

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PostPosted: Tue Feb 17, 2009 9:49 pm 
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toots wrote:
So what are the 'basic' principles apart from the fact that PH cannot be flagged down and has to be pre booked?


Some principles that spring to mind are the fact that a carriage plies for hire even though the driver only asks for voluntary contributions from passengers, Cocks v Mayner (1893) District Court.

In the case captain cab mentioned of Vant v Cripps (1963) an unattended vehicle on private land displaying taxi signagare and a phone number can be deemed to be plying for hire.

The principle that an unlicensed private hire vehicle can be found to be plying for hire when waiting beside a hackney carriage stand, Pettigrew v Barry (1984).

The principle that the driver of a marked licensed private hire vehicle who agrees to carry persons who enquired as to his availability to do so, is held that the vehicle is plying for hire, Nottingham City Council v Woodings [1994]

There are lots and lots you should have a look on TDO sometime.

Regards

JD

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PostPosted: Tue Feb 17, 2009 9:54 pm 
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JD wrote:
toots wrote:
So what are the 'basic' principles apart from the fact that PH cannot be flagged down and has to be pre booked?


Some principles that spring to mind are the fact that a carriage plies for hire even though the driver only asks for voluntary contributions from passengers, Cocks v Mayner (1893) District Court.

In the case captain cab mentioned of Vant v Cripps (1963) an unattended vehicle on private land displaying taxi signagare and a phone number can be deemed to be plying for hire.

The principle that an unlicensed private hire vehicle can be found to be plying for hire when waiting beside a hackney carriage stand, Pettigrew v Barry (1984).

The principle that the driver of a marked licensed private hire vehicle who agrees to carry persons who enquired as to his availability to do so, is held that the vehicle is plying for hire, Nottingham City Council v Woodings [1994]

There are lots and lots you should have a look on TDO sometime.

Regards

JD


And on occasion JD compiles them into easy to read bundles :wink:

regards

CC

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PostPosted: Tue Feb 17, 2009 10:02 pm 
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JD wrote:
toots wrote:
So what are the 'basic' principles apart from the fact that PH cannot be flagged down and has to be pre booked?


Some principles that spring to mind are the fact that a carriage plies for hire even though the driver only asks for voluntary contributions from passengers, Cocks v Mayner (1893) District Court.

In the case captain cab mentioned of Vant v Cripps (1963) an unattended vehicle on private land displaying taxi signagare and a phone number can be deemed to be plying for hire.

The principle that an unlicensed private hire vehicle can be found to be plying for hire when waiting beside a hackney carriage stand, Pettigrew v Barry (1984).

The principle that the driver of a marked licensed private hire vehicle who agrees to carry persons who enquired as to his availability to do so, is held that the vehicle is plying for hire, Nottingham City Council v Woodings [1994]

There are lots and lots you should have a look on TDO sometime.

Regards

JD


I have looked at quite a few on here but to be fair it is difficult reading. When I was studying for my legal executives qualifications I found reading past papers one of the most difficult things to do because I just couldn't stay focused. I sometimes find it confusing when I have to compare situations in modern day Britain with antiquated laws, although they do of course provide the foundations of many statutes. I think perhaps things just don't move quick enough for me sometimes a 2 year old would be considered to have a better concentration span than myself

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 Post subject: Re: PHV 'ranking'
PostPosted: Tue Feb 17, 2009 10:07 pm 
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cabbyman wrote:
Were they legal? If not, where should they move to? They were about two miles from their operating base/workshops.

Where could they have waited where no-one would see them? :?

IMO if they are trying to be out of the way, then they are ok. It would all depend on what they would say to anyone who wanted to hire them.

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 Post subject: Re: PHV 'ranking'
PostPosted: Tue Feb 17, 2009 10:11 pm 
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Sussex wrote:
Where could they have waited where no-one would see them? :?

IMO if they are trying to be out of the way, then they are ok. It would all depend on what they would say to anyone who wanted to hire them.


I think thats it in a nutshell

CC

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PostPosted: Tue Feb 17, 2009 10:11 pm 
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wannabeeahack wrote:
So a PHV cant legally stop anywhere then?

No.

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PostPosted: Tue Feb 17, 2009 10:30 pm 
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here its two or more phv's park up in the same place, is consider ranking up, which is not allow.

but there's no national standards as to what the rest is allow in the uk ie london


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PostPosted: Tue Feb 17, 2009 10:34 pm 
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meltingsmoke wrote:
here its two or more phv's park up in the same place, is consider ranking up, which is not allow.

[-(

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PostPosted: Tue Feb 17, 2009 10:34 pm 
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meltingsmoke wrote:
here its two or more phv's park up in the same place, is consider ranking up, which is not allow.

but there's no national standards as to what the rest is allow in the uk ie london


We do that window to window it's called having a converstion while we wait for a job to come through

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 Post subject:
PostPosted: Tue Feb 17, 2009 10:42 pm 
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its what we have here a condiction on the licence, but its goes on , until someone complains.

its forgotten then it goes back to as before . :D


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 Post subject:
PostPosted: Tue Feb 17, 2009 11:14 pm 
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Surely the following would be applicable in the real world (not my words by the way)

"The law has indicated that the mere presence of a vehicle and driver making them appear available for immediate hire, if improperly licensed, is enough for them to be convicted of plying for hire, and in addition if a customer approaches a vehicle and service is offered the driver is also additionally guilty of touting."

In other words if a driver is fool enough to put himself in a position where he MAY be considered to be plying then he/she are acting daft, and could be potentially in the wrong.

IMHO, if a little thought is given to location and circumstances, then being parked up sensibly somewhere, with or without driver, should surely not be a problem?
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PostPosted: Tue Feb 17, 2009 11:20 pm 
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Doc G wrote:
Surely the following would be applicable in the real world (not my words by the way)

"The law has indicated that the mere presence of a vehicle and driver making them appear available for immediate hire, if improperly licensed, is enough for them to be convicted of plying for hire, and in addition if a customer approaches a vehicle and service is offered the driver is also additionally guilty of touting."

In other words if a driver is fool enough to put himself in a position where he MAY be considered to be plying then he/she are acting daft, and could be potentially in the wrong.

IMHO, if a little thought is given to location and circumstances, then being parked up sensibly somewhere, with or without driver, should surely not be a problem?
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I agree....a very constructive post btw

CC

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