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PostPosted: Sat Mar 14, 2009 9:00 pm 
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gusmac wrote:
Boring wrote:
gusmac wrote:
stationtone wrote:
I have still not made up my mind whether this is a good thing or not.

Will this mean that if anyone gets into these ph without pre- booking will be committing an offence ie By allowing themselves to being transported in an uninsured vehicle.



The 1982 act says:
Quote:
Offences

21(1) If any person -

(a) operates, or permits the operation of, a taxi within an area in respect of which its operation requires to be but is not licensed or the driver
requires to be but is not licensed; or
(b) picks up passengers in, or permits passengers to be picked up by, a
private hire car within an area in respect of which its operation requires
to be but is not licensed or the driver requires to be but is not licensed, that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £2,500.


Is a passenger not a person?


Relevant section is, of course, 21(1)(b), as 21(1)(a) applies to taxis, which are statutorily defined as hackneys with the right to ply the streets for hire.

The proscribed behaviour in terms of 21(1)(b) is therefore a person who picks up passengers, or permits passengers to be picked up by an unlicensed vehicle. Clearly the passenger is not the person that the offence is directed at, as they do not pick up or permit another to pick up passengers. Rather, they are the object of the picking up, or permitting to be picked up, by the unlicensed private hire car or driver. The offence can therefore be committed by a driver, owner or indeed perhaps even a radio controller other other member of the PH Company, as the company would be expected to have procedures in place to guard against the commission of such offences.


Reference to section 23(1) defines a taxi as:
Quote:
Interpretation of sections 10 to 22

23(1) In sections 10 to 22 of this Act:-
“taxi” means a hire car which is engaged, by arrangements made in a public place between the person to be conveyed in it (or a person acting on his behalf) and its driver for a journey beginning there and then; and
“private hire car” means a hire car other than a taxi within the meaning of this subsection.


So any PH, out of area hack or any other unlicenced vehicle picking up unbooked fares is in fact a "taxi" without the relevant licence.
The applicable section is therefore 21(1)(a)

21(1)(b) would cover picking up booked hires without a licence.

Under 21(1), "any person" means exactly that, and is not just confined to the driver.
This would include a passenger who permits themselves or anyone else to be picked up in such an unlicensed vehicle.

That said, I have never heard of a passenger ever being prosecuted.


So if I am correct then if a council officer gets into a private hire car without a booking for the purpose of inviting the driver to break the terms of his license, the council officer is also guilty of an offense. :roll:

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 Post subject:
PostPosted: Sat Mar 14, 2009 9:31 pm 
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grandad wrote:
gusmac wrote:
Boring wrote:
gusmac wrote:
stationtone wrote:
I have still not made up my mind whether this is a good thing or not.

Will this mean that if anyone gets into these ph without pre- booking will be committing an offence ie By allowing themselves to being transported in an uninsured vehicle.



The 1982 act says:
Quote:
Offences

21(1) If any person -

(a) operates, or permits the operation of, a taxi within an area in respect of which its operation requires to be but is not licensed or the driver
requires to be but is not licensed; or
(b) picks up passengers in, or permits passengers to be picked up by, a
private hire car within an area in respect of which its operation requires
to be but is not licensed or the driver requires to be but is not licensed, that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £2,500.


Is a passenger not a person?


Relevant section is, of course, 21(1)(b), as 21(1)(a) applies to taxis, which are statutorily defined as hackneys with the right to ply the streets for hire.

The proscribed behaviour in terms of 21(1)(b) is therefore a person who picks up passengers, or permits passengers to be picked up by an unlicensed vehicle. Clearly the passenger is not the person that the offence is directed at, as they do not pick up or permit another to pick up passengers. Rather, they are the object of the picking up, or permitting to be picked up, by the unlicensed private hire car or driver. The offence can therefore be committed by a driver, owner or indeed perhaps even a radio controller other other member of the PH Company, as the company would be expected to have procedures in place to guard against the commission of such offences.


Reference to section 23(1) defines a taxi as:
Quote:
Interpretation of sections 10 to 22

23(1) In sections 10 to 22 of this Act:-
“taxi” means a hire car which is engaged, by arrangements made in a public place between the person to be conveyed in it (or a person acting on his behalf) and its driver for a journey beginning there and then; and
“private hire car” means a hire car other than a taxi within the meaning of this subsection.


So any PH, out of area hack or any other unlicenced vehicle picking up unbooked fares is in fact a "taxi" without the relevant licence.
The applicable section is therefore 21(1)(a)

21(1)(b) would cover picking up booked hires without a licence.

Under 21(1), "any person" means exactly that, and is not just confined to the driver.
This would include a passenger who permits themselves or anyone else to be picked up in such an unlicensed vehicle.

That said, I have never heard of a passenger ever being prosecuted.


So if I am correct then if a council officer gets into a private hire car without a booking for the purpose of inviting the driver to break the terms of his license, the council officer is also guilty of an offense. :roll:
Only if he's a person :lol:

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 Post subject:
PostPosted: Sun Mar 15, 2009 3:51 pm 
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grandad wrote:
So if I am correct then if a council officer gets into a private hire car without a booking for the purpose of inviting the driver to break the terms of his license, the council officer is also guilty of an offense. :roll:


Council officers regularly do test purchases in pubs, off-licences, corner shops etc to see if the law is being observed.
The police buy drugs from dealers to prove they are dealing.
Are they also guilty of an offense when they do this?

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 Post subject:
PostPosted: Tue Mar 17, 2009 12:39 pm 
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Location: jock HQ
gusmac wrote:
grandad wrote:
So if I am correct then if a council officer gets into a private hire car without a booking for the purpose of inviting the driver to break the terms of his license, the council officer is also guilty of an offense. :roll:


Council officers regularly do test purchases in pubs, off-licences, corner shops etc to see if the law is being observed.
The police buy drugs from dealers to prove they are dealing.
Are they also guilty of an offense when they do this?


if a council official does his enforcement dutys as you say fair enough but the problem i have is he is not carrying out his duty if he trys to get someone to break the law. if he goes in to a pub and they dont give the correct measure thats diff from walking up to someone and asking them to break the law

the job of enforcemrnt with regards PH seagulling is down to the police end of story they have the powers to stop and check cars and if a driver does a seagull fair enough nail him and its about time the police did this
IMO

the council official does not have these powers to carry out a sting like this

why do you think the cab office take a traffic cop with them when they are out checking motors as they are the only ones with the law behind to charge some one with any offence commited


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 Post subject:
PostPosted: Tue Mar 17, 2009 4:37 pm 
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chipper wrote:
the council official does not have these powers to carry out a sting like this


Is that an opinion, an educated guess or a fact?

Regards

JD

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 Post subject:
PostPosted: Tue Mar 17, 2009 9:00 pm 
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So, Cllr keir's response to the sexual assaults is to place a notice on the vehicles.

Not like an advert is it? That it is a vehicle that is licensed to some degree, and therefore accessible. Nice that our trade rolled over so readily to accommodate maintaining the plate restriction.

Except, what happens the next time there is an assault. Or a rape. Or even a murder, because some female, under the influence of alcohol or drugs, fails to acknowledge that the vehicle has no such signage, or the signage was readily mocked up, gets into the unlicensed vehicle and is harmed.

Once again that will be down to Colin Keir. He is the man responsible for these events. It is he who is failing to ensure a reasonable supply of taxis.

As I said, until and unless a council has done EVERYTHING within its power to ensure the safety of the public it is responsible, culpable and accountable for any harm to the public. Artificially restricting the number of taxis falls well below this benchmark.

We all know that another incident will occur. It's only a matter of when.


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 Post subject:
PostPosted: Tue Mar 17, 2009 11:24 pm 
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Evidence of your theory might be helpful, some real facts rather than the usual stuff please.

Although I'm glad you have at last touched on the under the influence of drugs or alcohol.

You can't really legislate against stupidity and many of these people are clearly stupefied for a large proportion of their lives.

Reading some of the utterings about this you have to wonder if you actually work and live in the same world as the rest of us, it's not the 1950's anymore!

I would suspect if you were truly concerned about this you would be up in arms about all forms of violence perpetrated against either sex, instead for some unexplicable reason you only focus on one or two aspects of one or two offences.

If they can't even have a decent level of Policing at times I fail to see what difference flooding the place with Taxis will make.

Is there any evidence to support your theory from other areas, I seem to recall that many places suffered from worse provision because of de-restriction.

You really have to try and understand the culture of the country you live in, I find it strange that many people only seem to regard themselves as having had a great night out if they have ended up in the gutter having pished,[edited by admin] or vomited over themselves, or someone else or their property, although many seem to think it's acceptable I don't.

It's a sad fact of life but sometimes you have to take responsibility for yourself and the culture of immediate gratification has it's own set of problems does it not?

The other week you even blamed the wives and partners of the taxi trades greedy bar stewards.

I wonder if your chains of causation are a result of some underlying mental health problem, how you get from a female getting into a car and allegedly being assaulted and it somehow being the wives of taxi drivers fault because "scottish women don't like a broken wage packet at the end of the week" is magical thinking surely.

So instead of you having my psychological state adjudicated by the cab inspector I would be happy for the two of us and some others :wink: to undergo testing, the Cab Inspector isn't qualified to deal with your obvious mental distress in my opinion.

Ready to make that appointment Jim?


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 Post subject:
PostPosted: Tue Mar 17, 2009 11:56 pm 
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Stu, I really shouldn't respond to you, because you are a certifiable nutcase. It really is unwise to attempt to rationalise with the insane.

First, I don't care a toss about whether we are supposed to be responsible for ourselves. When a member of the public gets himself pashed or takes intoxicating drugs, I'm afraid that while you won't like it, the council does have a responsibility to ensure that it has done nothing to add to any grief the individual brings upon him/herself.

Now, whether you like this or not, taxis are limited artificially. They are limited to protect the interests of the few.

Because of this, and the public knows its going to be difficult to hail a taxi, they will take extraordinary measures to rectify the problem. This can be walking home which brings danger, it can be waiting at a bus stop that can bring danger, it can be sharing a taxi which can bring danger, it can be getting into an out of town taxi which can bring danger, it can be looking for a lift which can bring danger, it can be getting into a private hire which may present a difficulty, and it can most certainly be getting into a saloon car thinking it is a taxi or a private hire.

Now, the council can't possibly be responsible for all of this. Except it is they who make it difficult to get a taxi in the first place.

Because they are protecting their own and the trade's greedy vested interest. No taxis because a few drivers can't work in a free market and a few owners have a plate value to protect. Greed not need Stu. Get it!!!! Stupid man!!!!

I vouch there will be another assault, rape or murder. And it will be as if Colin Keir perpetrated the act himself, because his response to these girls' predicament is inadequate and fuelled by self interest.

The next one will be down to him. he can't claim he didn't know about it. The next victim, if she lives, will have a perfect case to sue the council and sue the butt off Keir himself. I hope she does and this inadequate fascist gets what he deserves.

Second, you really wouldn't want to go anywhere near the cab inspector Stu. Remember, you're a fruitcake. Fruitcakes shouldn't be driving members of the public. The cab inspector would realise this.

Best you just keep ranting on forums so no-one can put a face to your name.

Now take your tablets and go to sleep. Lest the Langoliers get you.



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 Post subject:
PostPosted: Wed Mar 18, 2009 6:34 am 
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Yeah, that's the usual course your debating skills take.

It appears you cannot answer the question I put to you, I thought it was fairly straightforward.

So there is no answer, no facts or figures to back up your claims just the usual abstract concept of your tortured mind.

However you're right you shouldn't respond to me, not much point if you can't answer the points raised anyway.


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 Post subject:
PostPosted: Wed Mar 18, 2009 8:03 am 
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stu wrote:
Yeah, that's the usual course your debating skills take.

It appears you cannot answer the question I put to you, I thought it was fairly straightforward.

So there is no answer, no facts or figures to back up your claims just the usual abstract concept of your tortured mind.

However you're right you shouldn't respond to me, not much point if you can't answer the points raised anyway.


You can't debate with someone who can't even get off the starting line.

The problem is largely caused because of the artificial restriction of taxis. You refuse to agree this, therefore there is no point going further.

Now tell us all why taxis should be restricted.


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 Post subject:
PostPosted: Wed Mar 18, 2009 2:14 pm 
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I have had a test purchase while waiting for a fare at 3.30AM on Waverly bridge,
They came up to me and asked me to take them to a destination, I told them that I could not as I was not from the area, and said I was waiting for my fare and I knew who I was picking up.
They then said that was the best and proper answer they had heard all night :D
It was only after they left it dawned on me who they where


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PostPosted: Wed Mar 18, 2009 4:49 pm 
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skippy41 wrote:
They then said that was the best and proper answer they had heard all night :D

I'm surprised they didn't faint. :shock:

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 Post subject:
PostPosted: Wed Mar 18, 2009 6:02 pm 
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Can't even get off the starting line, eh! I've got the finishing line in sight. :)


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 Post subject:
PostPosted: Wed Mar 18, 2009 9:56 pm 
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stu wrote:
Can't even get off the starting line, eh! I've got the finishing line in sight. :)


Finishing line?

Oh, go on. I know I shouldn't encourage you.

But please feel free to explain to us all. It will serve as a lesson in psychobabble.

:wink:


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PostPosted: Wed Mar 18, 2009 11:39 pm 
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Jasbar wrote:
stu wrote:
Can't even get off the starting line, eh! I've got the finishing line in sight. :)


Finishing line?

Oh, go on. I know I shouldn't encourage you.

But please feel free to explain to us all. It will serve as a lesson in psychobabble.

:wink:


Do you remember when Stu, found a portal to a parallel universe at a roundabout and asked if anyone had seen it in the passing? :lol: :lol: :lol: :lol: :lol:

If my memory serves me correctly Alan, banned us for taking the pi** :lol: :lol: :lol:

Maybe he's going back to the universe from whence he came? :shock:

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