LAW COMMISSIONS PROVISIONAL PROPOSAL 15

The defining feature of taxis, the concept of “plying for hire”, should be placed on a statutory footing and include references to ranking and hailing.

This was the proposal put forward in May 2012 by the Law Commission following a year of extensive research into all existing taxi and private hire legislation. In October 2012 a specialist legal meeting was held at which the RMT legal officer attended to specifically discuss such a definition, progress appeared to be made and in January 2013 the RMT London Taxi Branch met with the Law Commission, where they stated that they were going to define plying for hire.

However despite these assurances and having gained a consensus on this proposal, (see responses Taxi Globe edition 716) they have decided not only to ignore them, but are now suggesting something else not proposed as part of the consultation or of previous discussions. Needless to say we were bewildered and very disappointed when the interim statement was published. Why the sudden u-turn between the months of February – April?

WHY PP15 IS SO IMPORTANT!
Taxis have been plying for hire in London for almost 400 years. The first rank was introduced in 1634 on the Strand. The first London Act was passed in 1831 and contains the term plying for hire “Every hackney carriage which shall be found standing in any street or place, shall, unless actually hired, be deemed to be plying for hire.....” As such a considerable amount of case law has developed over many years in relation to exploring and upholding the meaning of this term contained within the various Acts. Hunt v Morgan 1947, Cogley v Sherwood 1959, Eldridge v BAA 1970, Eastbourne v Sterling 2000,to name but a few.

The Hindley report (1939) stated: “An essential feature of a scheme of control for private hire vehicles would be to ensure that the vehicles do not infringe on the cabs privilege of plying for hire......... Accordingly we recommend that, whether or not legislation for the control of private hire vehicles is introduced there should be legislation to define the term plying for hire used in Acts relating to the control of hackney carriages”

In 1962 the opinion of the Home Office was that “Plying for hire involved three elements, exhibition, soliciting and availability and that the difficulty of proving that an unlicensed vehicle was operating illegally could be eliminated completely by legislative amendment of the law relating to plying for hire by abolishing the element of soliciting from the necessary ingredients of the offence”. In 1994 the separate offence of “touting for hire” was created under the CJPO Act making it illegal to solicit prospective passengers.

The Maxwell Stamp report (1970) stated: “One further comment on plying for hire in the context of the definition of a Hackney Carriage is that it is the vehicle itself which is described as plying for hire. Although the situation of the vehicle must depend on human agency for the purpose of the definition the character of that agency is irrelevant. The uncertainty surrounding this definition has prevented any agreement on the line to be drawn between fair and unfair competition....”

NO TO COMPROMISE!
Over seventy years ago in 1939 there were only 7,811 taxis licensed and an estimated 2,000 private hire vehicles (not subject to licensing) operating in London, much lower figures compared with today. However with the emergence of minicabs the importance of defining plying for hire was clearly understood in the interests of developing fair policy regarding the competition that exists in providing door to door transportation where a level playing field does not. It is worth noting that the population of London in 1939 was 8.6 million and today it is only 8.3 million!

We believe our entitlements are being infringed, consequently for a two tier system to operate fairly and safely it is both in the public and the taxi trades interests that plying for hire is defined.

There can be no compromise on this issue. Any repeal of this term along with the offence of illegally plying for hire will make our case law redundant, putting us in a far worse position than the status quo! It may be prudent to define pre- booking, however it is paramount that PP15 proceeds to ensure the future survival of the world`s best taxi service, particularly now that PHVs are licensed, not to mention the plethora of Pedicabs plying in the capital with impunity.
It is said “Where there is a will - there is a way”

This was clearly the case in 1939 – What about now? PP15 Plying for hire – The defining feature of taxis,
or is it?
source = Mike Tinnion @Mike_Tinnion

The War of the Roses.(1455 and now 2013)

It would appear West Yorkshire have problems similar to Greater Manchester. We should have expected this. Both Rossendale and West Lindsey are nearer to W. Yorks than Gtr Manchester.


The following is a letter to Pontefract local paper.
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I am a taxi driver in Pontefract who obeys all the rules and regulations of the Wakefield licensing department .

These include every five years a medical examination, every three years a CRB check and my car must pass a taxi test every six months which consists of a 62 page test.

All these aforementioned are to secure the safety of passengers, which I agree is in the interest of all my passengers.

But what a joke!
Some of the operators in Pontefract and Castleford are using hackney carriages which are registered in places we have never heard of like Riverdale and West Lyndsey and are operating as private hire vehicles in Wakefield district.

These cars are not inspected according to Wakefield licence department and the drivers are not tested or vetted by Wakefield licensing department .

The Wakefield taxi inspectors have no jurisdiction over them and cannot guarantee the safety of the passengers who are being forced to use these cars by the different operators who send them out.

Name and address supplied
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Response from Coun Graham Stokes, Wakefield Council’s cabinet member for corporate performance:

We also share these concerns as we work very hard with the taxi service providers in the district to ensure the vehicles and drivers registered by Wakefield Council provide a safe and secure service for their passengers.

It is very frustrating that we have no legal powers to stop hackney carriage vehicles and drivers licensed by other authorities working as private hire drivers and operating vehicles within Wakefield.

It is true that they don’t have to undertake any of our tests or abide by any of our policies. They simply need to work through an “operator” and be pre-booked.

We have advised the operators of our concern about this and asked them not to use drivers and vehicles licensed from other areas.
However, this is voluntary and unfortunately there are a number of companies within the Wakefield District that do use them.

The Law Commission recently completed a consultation on a number of proposals that seek to bring taxi and private hire licensing up to date.

Wakefield Council took part in this consultation, and along with many other local authorities, we raised our concerns about this issue.

We are now waiting to see the outcome of the consultation. Until there are any changes to the legislation we will continue to work with operators and do our best to get them not to use drivers and vehicles licensed from other areas.

There are a number of ways members of the public can check where a vehicle is registered. People can check the plate at the rear of the vehicle which gives the vehicle number and other details, look for a small sticker on the right hand side of the windscreen or ask to see the driver’s badge which gives his driver’s licence number and photograph.

We are currently reviewing all vehicle signage and will be consulting on this in the autumn.

http://www.pontefractandcastlefordexpress

Tax payers pay twice to take prisoners to Court.

Taxpayers foot £3million taxi bill to take prisoners to court despite security firm being paid £420million to do the job
 
 Labour justice spokesman said that taxpayers will be 'outraged' at the cost. The Prison Service said the cost has decreased by 10 per cent since 2010

Taxpayers are footing a £3million annual bill to pay for taxis to transport prisoners - even though a security firm already has a £420million contract to do the job.

The bill pays for prisoners to be ferried between prisons and courts, to visit sick relatives in hospital, or to go to funerals.

The cost was uncovered by Labour justice spokesman Sadiq Khan who called on the Government to 'get a grip'.

He told The Sun: 'Taxpayers will be outraged that they are stumping up millions to cart prisoners round in luxury taxis.

                      A typical Manchester luxury Taxi

'The Government is already paying companies to move prisoners, and then taxis to do the same job. Why are we paying twice?'

Conservative MP Priti Patel called the cost a 'scandal'.

The £3million sum is the equivalent cost of buying 100 black cabs according to The Sun or a £37.27 fare for every inmate in UK jails.

The Prison Service claims that transport hire costs had been cut by almost ten per cent since 2010 and that efforts were being made to continue to reduce the cost.

The service was criticised last year after it emerged that millions of pounds was being spent on taxis, hairdressers and even actors.

According to reports, one cab firm was paid £920,000 for its work.

The Prison Service also spent £720,000 on professional actors for role playing that is aimed at helping inmates get into employment.

A spokesman said: 'Prison transport hire costs have come down by nearly 10 per cent under this Government and this is continuing to fall as we look for further ways to save money.'

  A Bradford taxi driver, who was caught smuggling a £4 million haul of heroin into the UK, has been jailed for eight years.

Muhammad Shafiq Khan, 44, claimed he had flown to Pakistan because his grandmother had died.

Khan was caught at Manchester Airport trying to smuggle heroin with a street value of more than £4 million.

He was sentenced to eight years imprisonment at Manchester Crown Court.

 Khan pleaded guilty to importation of a Class A drug.

Khan, of Brassey Terrace, West Bowling, Bradford, who is originally from Pakistan, was stopped as he returned from Pakistan on Sunday, June 30. He told Border Force staff he had made the trip as his grandmother had recently died.

An initial inspection of one of his smaller cases found drugs hidden in its base.

Border Force officers then emptied his larger suit case and noticed that it weighed far more than expected. An x-ray then revealed drugs hidden in the lining of the case.

Tests showed that Khan tried to import 15kg of heroin with an estimated street value of £4,080,000. 
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 TAXI! Nissan showcase the NV200 plug-in cab

President and CEO Carlos Ghosn presented today the Nissan e-NV200 electric taxi for Barcelona, in the presence of the Mayor, Xavier Trias.

Barcelona aims to be the first city in the world to implement a zero-emission vehicle as publically accessible transport.

The city of Barcelona will lead the global rollout of the new e-NV200 100% electric taxi version of which will also be introduced in other big cities around the world and will begin production in 2014 in the city. Nissan and Barcelona City signed a memorandum of understanding to promote the use of electric vehicles as taxis and as delivery vehicles by improving the quick charging network and looking at a range of privileges for zero emission operators.

The Nissan e-NV200 will be manufactured at the factory located in the Zona Franca in Barcelona from mid-2014 with an investment of 100 million euros and will create over 700 new jobs. The factory in Barcelona will be the single global manufacturing plant for the e-NV200 and vehicles will be exported worldwide to a range of international markets.

http://www.dieselcaronline.co.uk/news/taxi-nissan-showcase-the-nv200-plug-in-cab
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Castleford

A taxi driver assaulted two passengers during a row about a £40 cleaning charge after one of the men vomited in his cab,

Gul Zeb, stopped his cab in Cutsyke, Castleford, and told Thomas Lucas and Curtis Bryan to get out, magistrates at Wakefield heard.

The court heard Zeb, 34, pushed both men in the face – causing them to fall to the floor – before driving off.

Mr Lucas hit his head on the floor and was unconscious for a short time during the incident in the early hours of May 6. Mr Bryan suffered a black eye.

Prosecutor, Diane Gomersal said Mr Curtis had been sick in the back of the cab and Zeb asked for a £40 cleaning charge.

Father-of-two Zeb was paid the cash, but a row started about the fee charged.

Mitigating, Paul Blanchard said Mr Bryan and Mr Lucas had drunk a “significant level of alcohol.”

Mr Blanchard added: “He (Gul) accepts he did something he shouldn’t have done and has to accept the consequences for that.”

Vicky Knott, for West Yorkshire Probation Service, said: “His employment is in jeopardy. He has been suspended from his role and expects a five-year-ban from driving a taxi.

“He has also been employed for 15 years as a part time youth worker with Wakefield Council. It involves working with troubled children and also the UK Youth Parliament.”

Zeb, 34, of Stanley Road, Wakefield admitted two charges of assault.

Bench chair Robert Smith sentenced him to 80 hours unpaid work and ordered him to pay £200 prosecution costs plus a £60 victim surcharge.

   

Manchester. Travis and Fairfield St

Photos taken at 10 am Monday morning. Cabs are double parked down Travis St, they back up over Fairfield St. Traffic coming in from Ashton Old Rd cannot get past without going on the wrong side of the road.

The Law Commission draft bill is expected in around 4 weeks.
(Oct 10). Will we need more Cabs ?

Dundee licensing committee has put its foot down in its bid to reduce taxi numbers in the city by refusing 17 new applications.

The unsuccessful applicants pleaded for leniency because their bids were received before the committee decided to cap numbers at 611 and not grant any further requests.

Their bids had not cleared the administrative process by the cap date of June 27, however, and the councillors ruled they could not proceed.

Taxi boss Davie Young spoke for four of the applicants and urged councillors to be less strict. He said his 203020 company had been at the forefront of introducing wheelchair access cabs to the city and the drivers he spoke for would put on more of these vehicles.

He alleged that other operators who also put on wheelchair access vehicles were ignoring their responsibility by not accepting disabled passengers, but the drivers he spoke for were different.

Other applicants spoke of the money they had invested in their vehicles and taxi driving providing them with employment from which they could make a real contribution to the Dundee economy.

Licensing convener Stewart Hunter said a policy had been agreed and a start had to be made to restricting numbers.

The committee agreed in June to cap taxi numbers in the city for the first time in almost a decade.

A survey was conducted revealing “no significant unmet demand” for taxis in Dundee, and councillors unanimously agreed to limit the number to 661.

There were 674 taxi licences in operation in the city — with five temporary licences — and that figure is being reduced through natural wastage, with no new licences being granted until the numbers fall below 611.

Once that lower limit has been breached, a further survey will be held.
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Leicester, soft sentence. 
 
A taxi driver has told how he was too scared to work for nine months after he was attacked by a group of passengers.

Harun Shah Zaman was attacked when he was working as a late-night cabbie in Leicester city centre in May last year.

Two of his attackers were sentenced at Leicester Crown Court last month.

Both admitted the attack and were ordered to carry out unpaid work in the community.

One was handed a suspended jail sentence.

Mr Zaman, who suffered two black eyes and bruises to his head, body, arms and legs in the attack, has only recently returned to the trade after nine months of unemployment.

A 33-year-old married father of two, Mr Zaman, of Humberstone, Leicester, said: "I still feel too scared to work nights, so I will carry on only working during the day.

"I didn't work at all for nine months because of what these people did to me. I was scared of having passengers in my vehicle, worried it would happen again.

"I have only just come back which means it has been a difficult time financially for me and my family.

"I don't think the punishments given by the court were enough. There have been a lot of attacks on taxi drivers and I don't think giving one of these two people a suspended sentence is a deterrent.

"I just hope they look back at what they did to me and realise the impact their actions had on me and my family."

Two people appeared at Leicester Crown Court on Friday, August 16, to be sentenced for their roles in the attack, which happened in the early hours of Saturday, May 19.

The incident happened when Mr Zaman picked up two men and two women from Platinum Lace gentlemen's club, in Abbey Street. The group began arguing and bashing the partition window.

Mr Zaman pulled up at the corner of Millstone Lane and Pocklington's Walk, and told the group to leave. They got out of the car, but then opened the driver's door.

One man grabbed Mr Zaman in a headlock and headbutted him, while the other punched him in the face and head.

The girls joined in, hitting his body and arms, before the group stole his wallet, cash bag containing £80, mobile phone, car keys and satellite navigation unit – which they smashed on the street – and ran off down Pocklington's Walk.

Alexander Lewis Wardle (22), of Main Street, Bushby, admitted assault causing actual bodily harm and criminal damage.

He was given a nine-month prison sentence which was suspended for two years, ordered to complete 200 hours of unpaid community work and to pay £500 compensation to the victim.

Starla Boyd (23), of Hill House, Court Road, Thurnby, admitted assault causing actual bodily harm and was ordered to complete 100 hours of community work and to pay compensation of £250.
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Liverpool, Latvian druggie jailed.

A DRUG addict who used his belt to choke a taxi driver for his takings was jailed for six years.

Maris Berzins, 28, was in the backseat of Andrew Dixon’s private hire car when he threw the cord around his neck and began to strangle him.

His accomplice then produced a knife and the pair demanded Mr Dixon hand over his takings.

Liverpool crown court heard brave Mr Dixon attempted to fight the men off, grabbing at the knife. But his attempts only led to him cutting his hand. His last memory before he lost consciousness was handing over his cash box.

Robert Jansen, prosecuting, told how Mr Dixon believed he was going to die in the brutal attack.

Berzins and his bleeding accomplice fled to the nearby home of a man they had previously bought drugs from. But after he left his property they broke in and stole his methadone and ate his food.

In the wake of the drunken crime spree on January 12, 2010, Berzins fled to Ireland and then his native Latvia, before eventually going to Denmark.

He was only snared on January 31 this year after he passed through Heathrow Airport on his way to Canada to start a new life.

Berzins, of no fixed address, but formerly of Inglewhite, Skelmersdale, immediately admitted the robbery and burglary and expressed his remorse.

But jailing him, the Recorder of Liverpool, Judge Henry Globe QC said: “Taxi drivers perform a public service. Those in the driver’s seat of a private hire taxi are vulnerable from attack from behind and from the passenger seat alongside him. The two of you had targeted such a person to take money from him.”

Judge Globe also highlighted the “significant physical and extensive psychological injuries” Mr Dixon suffered in the attack. He spent four days in hospital and needed plastic surgery to his damaged hand. He also suffered burn injuries to his neck and a wound to his leg. In a victim impact statement he told how he was off work for six weeks and was then reluctant to go back to work.

He even tried to get a new job, but was unsuccessful and had to return to his former career despite his fears.

Mr Dixon had picked up the two men outside Asda in Skelmersdale. They asked to be taken to Lee Vale Road in Gateacre, but then directed him into neighbouring Fordcombe Road, where Berzins began the attack.

Neil Gunn, defending, said: “At the time of this incident he was a desperate man, desperately in need of drugs. He had been drinking heavily with his co-accused. He was craving a fix and that fix was all-consuming.”
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North Tyneside
 
 Man given taxi licence despite terrible driving record

Dangerous driving is one of the previous charges facing Christopher Adam, including 16 of driving when disqualified and 13 for driving without insurance. This man has now caused a furor amongst road safety campaigners when he was given a taxi licence despite his bad record.

They say that despite having 62 convictions, the 37 year old was allowed to ferry passengers. Others who were disappointed were the town hall chiefs who tried to block his application. According to Alan Newton, the senior licencing officer, the sheer volume of offences was a cause for concern.

After North Tyneside council refused to proffer a taxi licence, he appealed to magistrates that he was a changed man, and that he wants the license. He said that he has new friends and is in a stable relationship. The father of two has also been charged with 27 counts of dishonesty, and has records going back to 1992.

He said that he wants to make a living from driving the taxi, and he has had a licence for three years, and had not committed any traffic offences. Probation officers also offered their support.

The chairwoman of the court, Joan Kay, allowed the appeal and upheld the fact that he was a changed man. His records showed that he had a clean record for the last 7 years, and they were now satisfied that he was in the right state of mind.

After hearing this, one of the council’s spokesmen said that he was very disappointed with the court’s decision. Siobhan MacMahon, from Brake, a charity for road safety, said that it was worrying that a person with such a record could be given a licence.

Christopher Adam, who hails from Seaton Delaval, Northumberland, said that people have the capacity to change and also do so. He says that he should not be punished for the rest of his life for the mistakes in his past.

Another Ubiquitous scheme.

CITY taxis are to become free wifi hot spots after the plan was given the green light by licensing chiefs.

The bill for the service which will provide passengers with free internet access will be paid for by a range of sponsors and leading taxi advertising firm Ubiquitous.

A 15-second advert will be displayed every 15 minutes but passengers will not have to watch the full promo.

It is understood that adult websites and other harmful content will be blocked and cabs offering the service will show an approved blue sticker.

A similar scheme was launched in London back in March with firms such as Microsoft, Heathrow and Styloko footing the bill.

Ubiquitous believe it to be a “win-win” for passengers and drivers as cabbies will also be able to access free wifi.

Drivers have suffered ballooning mobile data charges recently because of the growing popularity of taxi apps such as Hailo and electronic cashless payments.

Ubiquitous director Micky Harris said: “Edinburgh is a key location for brands looking to invest in taxi advertising, and many are keen for us to secure this strategically important city, so we are delighted to receive acknowledgment from Edinburgh’s licensing team that approval has been granted.

“Free wifi is a win-win for all involved – busy people will be able to stay connected more easily, brands will gain kudos for providing a vital service for free and the taxi drivers themselves will also get to hook up to the wifi throughout the day.”

Tony Kenmuir, boss of Capital firm Central Taxis, who has sought to equip his 445-strong fleet with wifi, welcomed the proposal but remained wary of the cost implications.

He said: “I’ve looked into this but the data costs were too much. If they are genuinely providing free unlimited data then I’ll sign up straight away.

“I’m slightly cynical about the cost of it given you’ll have taxi drivers parked up in lay-bys and ranks watching TV and internet on their phones and iPads.

“However, if big companies want to come in and pay for it then I’m sure it will be a success.”

The proposal was passed at yesterday’s sitting of the committee on condition that all applications are submitted prior to the installation of equipment.

Also, the equipment shall not be used to breach the privacy of a passenger nor shall any information or data collected by the equipment be disseminated without the express knowledge and permission of the user.

Committee convener Councillor Gavin Barrie said: “The committee has agreed that wifi technology may be installed in private hire vehicles and taxis licensed by the council, provided that they meet the necessary criteria.

“For the first time, Edinburgh taxi and private hire firms and owners can now apply to have the technology in their vehicles and a number have expressed an interest.”

http://www.edinburghnews.scotsman.com/news/transport/free-wi-fi-could-be-added-to-city-taxi-fleet-1-3081724
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Burton driver loses licence for McDonalds bust up.

A BURTON taxi driver who used his belt in a drive-through takeaway fracas been handed £300 worth of fines.

Security cameras at McDonalds in Uttoxeter filmed Raheem Hussain pushing a man over, hitting him with the belt and also injuring the victim’s girlfriend.

The couple were in a group complaining that Hussain’s cab was blocking the food ordering counter, Stafford Crown Court heard.

Liz de Oliveira, prosecuting, said the victim, Matthew Shaw suffered a graze to his elbow and a bruised bicep, while his girlfriend Eleanor Chatfield had a cut on her neck.

Hussain, 24, of Burton Road, Branston, was fined £200 after admitting assaulting Mr Shaw causing actual bodily harm, fined £100 for common assault on Miss Chatfield and also ordered to pay £200 towards costs.

He was formally cleared of a charge of affray when the prosecution offered no evidence.

The judge, Recorder David Bright, told him: “This is a case where the court has been assisted by the film and it is obvious that you were, to a large extent, acting in a defensive mode and some of the people gave the appearance they were looking for trouble.

“I don’t think you were the only one misbehaving - I am not making any compensation orders.”

Miss de Oliveira said the trouble started with Hussain’s passengers having a dispute with the cabbie over fares.

Tim Achurch, defending, said Hussain had quite properly called the police when his passengers were refusing to pay the fare.

“It was the group who approached this defendant, who felt threatened, which was why he took up the belt he had in his car.

“There was no intention to cause harm, he didn’t want to be involved in a violent situation, otherwise he would not have called the police.

“One of the effects of this prosecution is that he has lost his taxi licence and now works as a controller.”
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TWO police officers are to be hauled before misconduct meetings after a re-investigation into complaints about the handling of a case involving a taxi driver.

The Independent Police Complaints Commission re-investigated the process which led to Davinder Sandhu, from Maidenhead, being charged for assaulting two women outside Fredrick’s Hotel in Shoppenhangers Road after dropping them off in his taxi in September 2010.

The re-investigation found the officers had acted inappropriately and recommended they go through misconduct meetings, a recommendation Thames Valley Police (TVP) has now heeded.

A TVP spokesman said: “The officers are going to have misconduct meetings. This is not a misconduct hearing which is the most severe type of proceeding, but one step below that.”

A third officer was given 'management action’ over his role in the case.

Mr Sandhu was found guilty at Bracknell Magistrates’ Court in June 2011, but a subsequent appeal at Reading Crown Court in August 2011 overturned the judgement based on a lack of substantial evidence and CCTV footage. An internal investigation by TVP found in July 2012 the two officers involved had no case to answer.

However, a re-investigation ordered by the police watchdog found some of the evidence provided to the Crown Prosecution Service was 'not entirely accurate’.

It also concluded not enough information had been gained by the police to suspect Mr Sandhu had committed an offence nor to determine a necessary arrest.

Mr Sandhu, who had a clean record as a taxi driver from 1996 up until the charge, lost his licence as a result of the court cases and has not been able to regain it from the Royal Borough, estimating he has lost £100,000 in revenue.

Mr Sandhu said: “It is good news for me as it means they are being held responsible for what they did.”
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Crewe driver caught with pepper spray in his Cab

A TAXI driver caught carrying pepper spray in his cab for his own protection has been hit with a fine.

Fevzi Karalar was stopped by police in Wigan on June 11 and officers discovered a can of pepper spray in his cab.

The 42-year-old pleaded guilty at the first opportunity to carrying a weapon which discharges a noxious liquid.

He told officers he had been given the pepper spray by his brother, who had brought it back from Germany - where it is legal to carry.

He said he had previously been attacked by a passenger in his cab and was carrying it for his own protection.

Karalar, of Victoria Street, Crewe, was handed a £300 fine and ordered to pay £35 costs and a £30 victim surcharge.