Taxi Driver Online

I can't see how this is legal.

What's the loophole, exactly?

Are the vehicles and drivers officially licensed as "Hackney carriage" in Aberdeenshire?

Regards

JD

Having different rates on the same firm is a tad daft, especially if you do a two car job and the fares are way different.

Clearly as taxis they can't ply, and a big taxi sign on the roof is 'plying for hire' as you can get.

I think someone needs to stir up the local press, doing under a different name if need be, but stories like customers being over-charged or drivers not knowing where they are going are the ones the local press simply adore.

Also be nice to find out what your LO says.

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IDFIMH

The Aberdeenshire drivers will be official hackney license drivers in ABERDEENSHIRE.
This situation with com cab has and is causing a massive stir in the taxi trade (not just com cab but also street cars and other big companies)

A few letters no doubt will appear in the local press and letters will be written to the councill and licensing commitee.

We are once again getting into Andy Gladen territority, the problem you have is addressing the problem of legality. Now in my opinion such a scenario would be legal in England and Wales, allthough I'm sure Captain Cab might disagree with me but without looking at the 1982 CGSA my first instincts would be that it was perfectly legal in Scotland. However I reserve that opinion until i've consulted the 1982 act. Maybe you can read it on the front page of TDO and let me know what you think?

Regards

JD

roll:

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

Hi
It all depends if Comcab are using the system to run two companies seperatly i.e. bureau.

If this is the case then the cars have all the same radio and data equipment but the system treats them as 2 seperate fleets.

Fleet 1 will not see Fleet 2 jobs and vice versa. The system can tell which taxi company was phoned.

I know that the Sigtec and Raywood systems can do this and I am sure the Cantech system (which they use in Aberdeen) can do this also.

If not and all the cars are on the same fleet and they can get work from anywhere, well they are not running a bureau.

Simple this is illegal. CGSA section 21 (Offences) covers it. A taxi or PH from England or Wales could legally be used but any taxi or PH licensed by another Scottish Authority cannot.

s 21 Offences.

(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 [level 4 on the standard scale] [FN1].

(2) Subsection (1) above does not apply to the operation of a taxi or private hire car within an area in respect of which its operation or its driver is not licensed if the request for its hiring was received by its driver [(otherwise than in a public place from the person to be conveyed in it, or a person acting on his behalf, for a journey beginning there and then) ] [FN2] whilst--

(a) in the area or in that part thereof in respect of which its operation and its driver are licensed;

(b) engaged on hire on a journey which began in that area or part or will end there; or

(c) returning to that area or part immediately following completion of a journey on hire.

(3) Subsection (1)(b) above does not apply to the operation of a vehicle within an area in respect of which its operation or its driver is not licensed if there are in force--

(i) in respect of the vehicle, a licence under section 37 of the Town Police Clauses Act 1847 (licensing of hackney carriages) or section 48 of the Local Government (Miscellaneous Provisions) Act 1976 (licensing of private hire vehicles); and

(ii) in respect of its driver, a licence under section 46 of the said Act of 1847 (licensing of hackney carriage drivers) or, as the case may be, section 51 of the said Act of 1976 (licensing of drivers of private hire vehicles).

(4) If any person, being the holder of a taxi licence or private hire car licence in respect of a vehicle, permits another person who does not have a current taxi driver's licence or private hire car driver's licence, as the case may be, to operate the vehicle as a taxi or, as the case may be, a private hire car he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [level 4 on the standard scale] [FN3].
.......................................

You can use a taxi/PH to go out of area or pick up bookings out of area, but you can't just hang around in another area waiting for work, so in practical terms you can't license in one are and go and work in another.

I suppose that if the cars made their way to the boundary when they're free then they would be OK legally but that doesn't sound practical, unless they only did jobs near the boundary.

Of course, they could say that they will operate this way but just wait in Aberdeen City until the next job comes in, and it would probably be difficult to enforce.

Maybe if Stationloon could tell us the nature of the loophole he mentioned?

what isthe outcome of this likely to be?

This affects me too as i work for computer cabs as well ! lots of unhappy drivers!!!

I dont know the loophole but they are exploiting it !
Thanks to JD for that, i will see what happens with this information!
They have only 1 aberdeenshire car working the system just now nut that can easily rise to 30+ if they go ahead!
There is plenty of drivers willing to hand the box back if this does not stop!!
A few meetings are planned for next week so i will let you all know what happens!

Hi
Are they running it as ONE fleet or as a SECOND fleet.