Taxi Driver Online

I think in essence the case law says that it depends on the circumstances, for example an out of area car sitting outside a nightclub with an illuminated top sign but without a booking might reasonably be viewed as plying for hire, whereas an out of area car merely driving back to his own area with an unlit roofsign wouldn't.

Thus I don't think having a roofsign per se could be construed as plying for hire, and there would have to be a bit more to it to provide evidence of the necessary intent.

As regards the facts surrounding the particular driver in question, I'll leave that to grandad.

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Taxi Driver Online
www.taxi-driver.co.uk

No not really, it all goes down to what's reasonable, and more importantly what's legal.

Having a sign with the words 'taxi' or 'cab' on a vehicle that's isn't a licensed hackney carriage is illegal. And a hackney carriage is always a hackney carriage.

I would also say it would be deemed unreasonable to require a taxi to take off any taxi signage when out of his area. Especially those vehicles with coloured livery.

So there.

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IDFIMH

Section 64 of 1980 Transport Act

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IDFIMH

Well I didn't know about that provision, but I see that it only applies to vehicles used for hire and reward (most obviously a PH car), thus isn't really relevant to the current debate?

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Taxi Driver Online
www.taxi-driver.co.uk

The section says any vehicle used for hire and reward, thus it's a perfect fit for this discussion.

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IDFIMH

But if he is using the vehicle for hire and reward then the top sign isn't really the main concern.

So there.

Again.

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Taxi Driver Online
www.taxi-driver.co.uk

Well I think in this instance he is, and why would anyone have a taxi roof light other than to pick up for hire and reward?

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IDFIMH

Well if he is then doing business then I don't think anyone ever disputed that he's breaching the law, and the point being debated was whether having a roofsign and other taxi accroutrements per se meant that he was breaking the law.

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Taxi Driver Online
www.taxi-driver.co.uk

I would say a prosecution under section 64 would be a lot easier than a prosecution for plying for hire/illegal hiring.

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IDFIMH

Well I certainly had one on my car before I was licensed. They wanted it on the car before they would licence it.

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Taxi Driver Online
www.taxi-driver.co.uk

But what if some young fit dolly bird stuck her arm out on the way to the town hall?

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IDFIMH

Well of course I'd have stopped for a damsel in distress, and would have asked for no payment.

Thus all kosher and above board

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Taxi Driver Online
www.taxi-driver.co.uk

Roof signs carried by vehicles other than hackney carriages.

No vehicle which is used for carrying passengers for hire or reward, other than a taxi, may display on or above its roof, in any part of England and Wales outside the metropolitan police district and the City of London, any sign which consists of or includes the word 'taxi' or 'cab', whether in the singular or plural, or 'hire', or any word of similar meaning or appearance to any of those words, whether alone or as part of another word, or any sign, notice, mark, illumination or other feature which may suggest that the vehicle is a taxi. Any person who knowingly drives a vehicle which contravenes the above provision or causes or permits it to be contravened in respect of any vehicle commits an offence.

1 'Taxi' means a vehicle licensed under the Town Police Clauses Act 1847 s 37 (see para 1435 ante) or under the Metropolitan Public Carriage Act 1869 s 6 (as substituted) (see para 1479 post): Transport Act 1980 s 64(3).

2 As to the extent of the metropolitan police district and the City of London see para 1431 note 1 ante.

3 Transport Act 1980 s 64(1). As to conditions which may be imposed in respect of signs on private hire vehicles see the Local Government (Miscellaneous Provisions) Act 1976 s 48(2); and para 1448 ante. For the meaning of 'private hire vehicle' see para 1442 note 5 ante.

4 Ie the Transport Act 1980 s 64(1).

5 Ibid s 64(2). Such a person is liable on summary conviction to a fine not exceeding level 3 on the standard scale: s 64(2) (amended by virtue of the Criminal Justice Act 1982 s 46(1), (4)). As to the standard scale see para 230 note 3 ante.

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I thought that in Aberdeen you could dress as a policeman, carry two different types of baton and an unidentified spray and still get away with it!

http://www.theherald.co.uk/news/news/di ... 02.0.0.php

If my memory's correct then when I applied for my plate initially you had to have a valid taxi insurance policy before they would even accept the application. Between this and getting tested and plated took a few weeks, so in effect I was paying for pointless insurance.

However, the bit that really annoyed me was that between application and testing I had to take the car to the police for them to have a look at it. A constable just came out, took one look at it and said it was OK. I don't know what they were expecting or what he was actually looking for, but a complete waste of time.