Taxi Driver Online

Is a hackney parked out of his area plying?

_________________
IDFIMH

In answer to your question which is totally irrelevant, Taxi (Hackney Carriages) bye-laws state a Hackney Carriage must when empty must return to the nearest Rank he is Licensed to Ply for Hire from, a hackney carriage plated in another area can and has always been allowed to do out of Town (cross border) fares but when empty must return to the nearest taxi rank he is licensed to work which means if he does not he is guilty of breaking the 1847 Act stated, unless he continues to drive around with out parking up, parking up is the same offense for PH and Hackney Carriages.

Malcolm

No it doesn't. You forget about the 'used in standing or plying for hire' and 'having thereon any numbered plate....shall be deemed to be a hackney carriage'.

PH aren't used for standing and plying or have numbered plates (the ones required to be on HC, not the others that some PH have) and are therefore by definition of the act not HC.

God almighty the Act says it WILL be deemed to be an Hackney Carriage not that it is one, simple English my friend next you will point out PH did not exist in 1847 which is also irrelevant, but I love the input.
Thank You
Mal

But the law doesn't say a PH sitting on a street is plying for hire.

What you are saying is that a PH sitting on a street must be a hackney, that's not right.

_________________
IDFIMH

Did I get an answer to this?

_________________
IDFIMH

Sorry Sussex you obviously do not want to read sec 38 as its written as stated its a Law by the fact its an Act of Parliament for any four wheeled vehicle what ever type or form, now if all PH were reliant Robins you would have a valid point.
38 What vehicles to be deemed hackney carriages
Every wheeled carriage, whatever may be its form or construction, used in standing or
plying for hire in any street within the prescribed distance, and every carriage standing upon
any street within the prescribed distance, having thereon any numbered plate required by
this or the special Act to be fixed upon a hackney carriage, or having thereon any plate
resembling or intended to resemble any such plate as aforesaid, shall be deemed to be a
hackney carriage within the meaning of this Act; and in all proceedings at law or otherwise
the term “hackney carriage” shall be sufficient to describe any such carriage: Provided
always, that no stage coach used for the purpose of standing or plying for passengers to be
carried for hire at separate fares, and duly licensed for that purpose, and having thereon the
proper numbered plates required by law to be placed on such stage coaches, shall be
deemed to be a hackney carriage within the meaning of this Act.
Mal

Plain enough to me.
38 What vehicles to be deemed hackney carriages
Every wheeled carriage, whatever may be its form or construction, used in standing or
plying for hire in any street within the prescribed distance, and every carriage standing upon
any street within the prescribed distance, having thereon any numbered plate required by
this or the special Act to be fixed upon a hackney carriage, or having thereon any plate
resembling or intended to resemble any such plate as aforesaid, shall be deemed to be a
hackney carriage within the meaning of this Act; and in all proceedings at [b]law or otherwise
the term “hackney carriage” shall be sufficient to describe any such carriage[/b]: Provided
always, that no stage coach used for the purpose of standing or plying for passengers to be
carried for hire at separate fares, and duly licensed for that purpose, and having thereon the
proper numbered plates required by law to be placed on such stage coaches, shall be
deemed to be a hackney carriage within the meaning of this Act.
Mal

If your reading of section 38 was the law then every vehicle, unlicensed or licensed, parked on the road would be plying for hire, unless it was a taxi.

Clearly that's not the case.

My point about out of area taxis parked up is that, according to your view, they would also be plying for hire even if they were simply having a cup of tea.

The bit in section 38 which is the important bit is the 'plying for hire' bit. If a vehicle is plying for hire, then that's the breach of section 38. But proving that is a lot more involved than merely saying a vehicle was parked up.

_________________
IDFIMH

Like most laws they are defined by the courts over time, so really you should be looking at how the courts view section 38 today rather than the actual wording of the section then.

_________________
IDFIMH

You missed the point its say any vehicle that carries a plate or something that can be mistaken to be one something like a PH plate fits the bill nicely, and as stated the Law has never been repealed, I presume that you yourself drive PH and would obviously be against my thoughts on the issue, I am not be at least offended if I was proved wrong but I cannot find any proof of my being wrong, and do not intend offense to anybody just trying to find a definitive answer to my reading of the said Law as to the rights and wrong in the issue, which has of right it has no?t been clarified in Law to my finding, interesting ?

Thanks
Mal

I don't think fulfilling just one of the definitions deems the vehicle to be a hackney cab, it has to be standing or plying AND having a plate.

Could be an interesting defence for PH picking up off the street, 'I was plying and/or I have a numbered plate, therefore by definition of s.38 I'm a hackney'. Anyone brave enough to try ?

However PH can't ply for hire and I don't think 'stand' means just parked up on a street but more likely waiting on a stand (rank), therefore s.38 doesn't apply. Is there a clear definition as to what 'standing on any street' means and can only HC do this or would it apply to PH as well ?

Hi ,firstly how many of the 51 hacks work directly from the taxi ranks in NuL, are there taxis that work from the ranks and also do PH jobs.

Are there hacks that do alot of PH jobs around peak times especially when the pubs and clubs end and try to avoid the drunks and druggies.

And are there hacks that go home around midnight to deliberately avoid the anti social behavavbor, threatening behavior,possibly getting there cabs trashed or even personally assaulted all associated with drink and drugs

These are the real reasons people wait longer than normal for taxis during the weekend nights and simply delimiting will not address waiting times well ok if you was to go from 51 to 1051 then ok it would but that would decimate the trade entirely.

I,m a cab driver of 15years i work only from the ranks i pick my jobs carefully after midnight a £20 fare is not worth getting your cab trashed or your eye blacked by drunken zombies.

No to any form of delimitation the longer the drunks and druggies wait the better.

If Shropshire council can refuse a taxi licence on the grounds that the applicant is
deemed not to be working in the area for which the licence is being sort, can the same be applied to
Sefton council on Merseyside who are issuing Private hire licences only for the licence holders to work in Liverpool ?

PH is slightly different.

_________________
IDFIMH