captain cab said:
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2, No it was private land as per Scampion case.
Whilst JD said:
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Plying for hire in a public place is established case law, anything other than a hackney carriage such as a private hire vehicle has to be pre booked through a licensed operator. Any vehicle accompanied by a driver other than a hackney carriage, found exhibiting itself to the public with the intention it can be hired could be breaking the law. Any persons accompanying vehicles that have formed a taxi rank in public view for the purpose of hire are committing an offence.
According to case law.
IMHO, if the PHV's in this example were "projecting" themselves towards the public
(i.e. "plying for hire") they would probably, almost definitely, be guilty of an offence - they are not insured for public hire, and I doubt the old
"I am fireproof because I am on private land" argument would hold up in court.
In short they need to be booked
PRIOR to the job, and name rank, serial number etc has to be taken. They should not even be visible before they have been dispatched by their controller.
(I now expect wannabeahack to intervene at this point!!!!)
Granted, a Hackney carriage, out of area, would be a totally different scenario, I think, and therefore the "Scampion" case might apply.
Not the issue under discussion therefore, or am I wrong?
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