Taxis and private-hire vehicles
Distinction
between a taxi and a private-hire car (MC 05009L)
The appellant, a private-hire driver, was issued with a PCN
under code 45 (Parking in a taxi rank) and appealed on the
ground that he believed he was entitled to park there. The
council contested that the rank was for licensed hackney carriage
drivers only and made available for hackney carriages to wait
to be hired by members of the public. The Adjudicator ruled
that it was common knowledge that there was a distinction
between hackney carriages and private-hire vehicles and that
ranks were for hackney carriages to ply for hire. She found
that, as a private-hire driver, the appellant should have
been aware of the distinction and the fact that he was not
entitled to park in a rank.
The appeal was dismissed.
Courier not exempt on a double yellow line in a taxi rank
(BO05006J)
Issued with a PCN for waiting on a double yellow line
in a taxi rank, the appellant, a professional courier making
a delivery to a solicitor's office, appealed on the ground
that he was exempt from the restriction. The Adjudicator,
pointing out that the exemptions permitting vehicles to wait
(loading/unloading, passenger alighting, disabled badge, etc.)
did not apply in a taxi rank and that the appellant could
not therefore leave his vehicle on the taxi bay, ruled further
that Rule 215 of the Highway Code stated that drivers must
not stop or park on taxi bays as indicated by upright signs
and markings.
The appeal was dismissed.
When is a taxi available for hire? (SQ05010H)
Driver of a licensed hackney carriage, the appellant
left his vehicle for a few moments on a double yellow line
while he went to the toilet and was issued with a PCN for
waiting in a restricted area. The council contended that he
was not entitled to wait in the taxi rank, because the vehicle
was unattended, not available for hire and therefore not "a
hackney carriage" as defined in the bylaw. The Adjudicator,
ruling that he did not interpret that to mean that the vehicle
ceased to be a hackney carriage for every minute that it was
not in such use, found that the common sense view of the appellant's
vehicle would say that it was a vehicle used in standing or
plying for hire and had the required number plate fixed on
it. He was also satisfied on the facts that the vehicle was
available for hire, except that any passenger would have had
to wait to depart until the appellant returned from the toilet.
The appeal was allowed.
A taxi waiting in a taxi rank while an elderly passenger
shopped (TW05036J)
The appellant, a licensed hackney carriage driver, left
his taxi in the rank while he escorted his elderly passenger
to the shops, waited while she shopped, then escorted her
back to the cab. He was issued with a PCN for waiting in a
restricted area and appealed on the grounds that he was entitled
to wait in the rank. The Adjudicator ruled that in the circumstances
the vehicle could not be said to be available for hire and
was thus not entitled to wait in the rank.
The appeal was allowed, although for a different
reason.
Disproportionate towing-away from a taxi rank (MC05437F)
Issued with a PCN for parking in a city-centre taxi rank
a vehicle that was subsequently removed, the appellant appealed
on the ground that the PCN had been issued incorrectly and
the vehicle removal was a disproportionate penalty. The Adjudicator
held that, once the PCN had been issued, the council had the
power to remove the vehicle and ruled that, on the particular
facts of the case, bearing in mind that this involved a city-centre
taxi bay, the towing away was proportionate.
The appeal was dismissed.
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