Taxi Driver Online

For all those York taxi drivers who use the Duncombe place taxi rank which as you know has 3 signs up stating taxi rank closed at 2200hrs, rank A, rank B, and rank C, funny it is only one rank but the signs have made it into three ranks, plus they have left up the old signs "no parking at anytime except taxis

anyway, the Hotel has started taking photos of the taxis using the rank even tho the public are waiting for a taxi after time out 2200hrs, well me i am carrying my byelaws, section 9a, ply for hire anywhere in the city streets, ply for hire also means and is akin to waiting as well as cruising

now a question i want to ask, can the Licence enforcement officer ask the driver of a taxi to move on???????? even under section 9a as above.

also as we know every street almost has restrictions and nearly all double yellow lines, so going back to section 9a taxis can ply in any street, why would that not apply in that street with the rank but ply in any other street
as the rank would be closed but it is still a street

the mind boggles

Would there be anything to stop you parking on the opposite side of the road outside the hotel?

Would there be anything to stop you parking on the opposite side of the road outside the hotel?[/quote]

That has already has been discussed at driver level, thats an option, but as you know the opposite side is the motorised Train rank pick up

That has already has been discussed at driver level, thats an option, but as you know the opposite side is the motorised Train rank pick up[/quote]
but the motorised train does not work after 10 o clock at night.

rank closed plus reader comments

http://www.yorkpress.co.uk/news/yorknew ... rankle.php

As long as the sign says "no parking at anytime except taxis" I don't see how they can stop you.

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http://wingsoverscotland.com/ http://www.newsnetscotland.com/

i see on the poles and posts on York Duncombe place, taxi rank a, b, and c, are adorned with wonderful colour posters, complete with city motif from the Council telling the punters this taxi rank is closed at 2200hrs

seems as if they have read the bylaws [the council] bye law 9a, you can ply for hire anywhere after 1900hrs, can't touch taxis, so they are now telling the public, push off, we don't want you here in this street, but they dont tell the punter where to go

Forgive my lack of knowledge on Taxi's as apparantly according to the cross dresser i don't drive one, , but if you are driving along this particular road, and there are people stood at the side of the road, rank or no rank, and they signal you to stop..........?????

That's what Taxi's do is'nt it?

(and Minicabs in London )

have been told the L E officer was observing the rank over the weekend, he spoke to a driver today on the rank

[they have been watching the rank at night when its is closed at 2200 hrs]

the conversation went a bit like this from the LO

we can't stop the public walking into this street or even waiting at the taxi rank when the rank is closed, also that you as taxis have a right to ply for hire in this street, and there isn't much we can do to stop it

he is aware that there is no noise or trouble around that rank even on a busy Saturday night as they observed

he then put up a notice on the rank pole asking the public to go to another rank

so its carry on cabbing

You are allowed to ply for hire in any street within the licensing authority however there are some catch 22 situations that could land you in the mire such as the outdated bylaw of proceeding to the nearest taxi rank when plying for hire. I would be mindful of the enforcement of this defunct taxi rank because I wouldn't put it past the enforcement officer to bring a case of standing and plying for hire in a street other than at a recognised Taxi rank.

The likes of Mr Wayne Casey of the NTA and Mr Gateshead Angel of the GMBU would love you to be prosecuted under such circumstances because they believe every cab should proceed to the nearest cab rank and not sit where the work is?

A licensing authority doesn't have to provide taxi ranks but it is patently obvious that in every authority in the UK there is a distinct lack of taxi ranks.

My advice is be vigilent and dont give the licensing department the opportunity to prosecute you or your colleagues, under a nefarious piece of legislation.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Unlike the PH trade who know exactly what to do.

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IDFIMH

Info on making provision for hackney carriage stands.

A district council may make byelaws fixing the stands for hackney carriages.

For the purposes of its functions under the Town Police Clauses Act 1847, a district council for an area to which Part II of the Local Government (Miscellaneous Provisions) Act 1976 applies may from time to time appoint stands for hackney carriages for the whole or any part of a day in any highway in the district which is maintainable at the public expense and, with the consent of the owner, on any land in the district which does not form part of a highway so maintainable and may from time to time vary the number of hackney carriages permitted to be at each stand. Before appointing any stand for hackney carriages or varying the number of hackney carriages to be at each stand, a district council must give notice to the chief officer of police for the police area in which the stand is situated and must also give public notice of the proposal by advertisement in at least one local newspaper circulating in the district and must take into consideration any objections or representations in respect of such proposal which may be made to it in writing within 28 days of the first publication of such notice.

Nothing can empower a district council to appoint any such stand:

(1) so as unreasonably to prevent access to any premises;

(2) so as to impede the use of any points authorised to be used in connection with a local service within the meaning of the Transport Act 1985 or PSV operator's licence granted under the Public Passenger Vehicles Act 1981, as points for the taking up or setting down of passengers, or in such a position as to interfere unreasonably with access to any station or depot of any passenger road transport operators, except with the consent of those operators;

(3) on any highway except with the consent of the highway authority,

and in deciding the position of stands a district council must have regard to the position of any bus stops for the time being in use.

Any hackney carriage byelaws for fixing stands for hackney carriages which were made by a district council before a certain date in the area of the council and were in force immediately before that date cease to have effect, but any stands fixed by such byelaws are deemed to have been appointed.

Town Police Clauses Act 1847 s 68. A byelaw may not fix the site of the stand or starting place of any hackney carriage on railway property without the consent of the railway company: see para 1055 note 4 ante. A byelaw need not define the position of a stand otherwise than as such stand as may from time to time be indicated by notice boards: Blackpool Local Board of Health v Bennett (1859) 4 H & N 127. Byelaws may prohibit plying for hire in forbidden places, touting and loitering: see the Town Police Clauses Act 1847 s 68 and the cases cited in para 1066 note 6 post. For the meaning of 'hackney carriage' see para 1055 ante.

The power to appoint stands for hackney carriages under ibid s 63(1) includes power to revoke such appointment and to alter any stand so appointed, and 'appointing' and 'appoint' in s 63(2) (see note 14 infra), (3) (see notes 16–21 infra) are to be construed accordingly: s 63(5).

'The district', in relation to a district council in whose area the provisions of Pt II (as amended) are in force, means if those provisions are in force throughout the area of the council, that area, and if those provisions are in force for part only of the area of the council, that part of that area: s 80(1).
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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.