Friday, September 16, 2016

TfL And The Mayor, To Lobby Government For Statutory Definition Of Plying For Hire.

Can't believe the orgs haven't made more from the statement put out by @TfLTPH 32 hours ago. 

Apparently, the Mayor's Action  Plan page 13 far right hand column says;
TfL and the Mayor of London will be lobbying Government for a statutory definition of Plying For Hire

On page 13 of the Mayors Action Plan, under the general heading " Lobbying for additional powers", it states: 

A statutory definition of plying for hire and pre-booked services – as the law stands, plying for hire is difficult to prove and requires significant enforcement resources. 

While we will continue to enforce to the full extent of our ability, along with the Mayor we are firmly of the view that a statutory definition of plying for hire and pre-booked services will remove ambiguity and clearly define the difference between taxi and private hire services, maintaining the two-tier system

Isn't this exactly what the RMT wanted all along ?

Images from Taxi And Private Hire Action Plan 2016.

It certainly looks like the orgs never bothered reading the publication through when it was launched. 
It's no secret they all got embargoed copies before the launch, so would of had plentry of time to read through. 

The only mention of defining plying for hire on social media I've seen so far, was a retweet on the LCDC Twitter account.

Mind you, to be fair, the LTDA did email their members but were probably too busy tweeting pictures of their AddVan and Marshals to put this out publically. 

Should be very interesting to see what Uber AM, (sorry meant City Am) have to say about this, as it could crush Uber's operating platform if (and that's a big if) it goes our way.

So, why the silence from the Orgs??? 


Anonymous said...

If you read page 13 London Taxi and Private Hire Abstract of Laws it states:

(The Courts have considered what plying for hire means and what follows is a digest: An unhired taxi passing along a street is not legally bound to stop when hailed as it is not legally plying for hire when it is in motion. It is deemed to be in motion for these purposes even when actually stationary, providing it becomes stationary due to prevailing traffic conditions or, for example, to comply with traffic signs or signals, or the directions of a traffic warden or constable. If a taxi driver stops his vehicle in response to a signal from an intending hirer and speaks with him he is then technically ‘found standing in the street’ and must accept a lawful hiring or he commits the above offence. The ‘for hire’ sign does not legally affect this position whatever it indicates).

Plying for hire legal definition

Butterworth’s legal dictionary states that the phrase is akin to waiting, waiting to be hired, standing waiting to be hired.

Although illegal plying for hire was covered by sect.37 of the Town Police Clauses Act of 1847, plying for hire without a licence, it was felt that London was a special case and so in 1907 we got the London Cab and Stage Carriage Act.

It was declared that for the purposes of any Act relating to hackney carriages, stage carriages, metropolitan stage carriages, or cabs, in London, the expressions “ hackney carriage,” “stage carriage” “metropolitan stage carriage,” “or Cab,” shall include any such vehicle, whether drawn or propelled by animal or mechanical power.

As you know, any vehicle wishing to ply for hire, has to be licensed under sect 6 of the Metropolitan Public Carriage Act 1869.

Sect 4 of the London Hackney Carriage 1831 Act states that every carriage with two or more wheels which shall be used for the purpose of standing or plying for hire in any street road or public street or road at any place within 5 miles, from the General Post Office in the City of London*, whatever may be the form or construction of such carriage, or the number of persons which it shall be calculated to convey, shall be deemed and taken to be a “Hackney Carriage” within the meaning of this act.

*St. Martin's Le Grand London EC2 closed in 1910 demolished 1912.

Private Hire Vehicle’s found waiting and available for immediate hire are in breach of the legislation and in contravention of their license.

A Rickshaw is a form of hackney carriage as it has 3 wheels and is propelled by mechanical power, that being the pedals. Further as they wait to be hired they are plying for hire. The Rickshaw comes within the scope and definition of a hackney carriage. Any hackney carriage that takes passengers for hire has to comply with the Metropolitan Conditions of fitness (MCoF). This is covered by the 1934 London Cab Order, Statutory Instrument 1634. Therefore as Rickshaw do not comply with the MCoF they cannot wait to be hired. As stated earlier the essence of plying for hire is being on view to the public at the time of hiring.

Alan Wicker said...

we don't need any new Laws & Legislation

ALL we need is for the extra 250 compliance officers, together with the current ones, not to be worried if we're wearing a Badge, or whether there's a dangerous Card Reader in the back, but to ENFORCE THE EXISTING LAWS

and protect the public & us

Anonymous said...

Hopefully the fully appreciated in detail comment is and the example within os recognized and we get control back and have the above made law