ALL THINGS LICENSING
Having a TRO approved for a taxi rank location will make management of this easier, in that it can prohibit other vehicles, other than a hackney carriage from using the rank, creating a civil
Furthermore, section 64 of the legislation creates an offence for any vehicle, other than a hackney carriage to wait on a rank, the only exemption being for a public service vehicle using the rank as a result of an obstruction to traffic or other compelling reason, allowing the vehicle to wait on the rank only for so long as is reasonably necessary for the picking up or setting down of passengers.
Other vehicles using a taxi rank is often the cause of complaint from drivers. However, whilst it is very clearly an offence as above, section 64 is a summary offence, in that it is only prosecutable and triable in a Magistrates’ Court. This is incredibly difficult and time consuming for local authorities, which as well as being unpopular with drivers (both taxis and those parked incorrectly) calls for a different solution such as the issuing of parking ‘tickets’ used for other parking contraventions.
The Road Traffic Regulation Act 1984
A parking ticket can only be given to another vehicle parked on a rank if the vehicle is contravening a parking or highway restriction. In addition to the legal formality of appointing a rank, the location of a rank can have its own Traffic Regulation Order (TRO) which is a legal document that restricts or prohibits the use of the highway network, in line with the RTRA 1984.
TROs help to manage the highway network for all road users, including pedestrians and they aim to improve road safety and access to facilities by creating a restriction on the highway, such as: • speed limits • on-street parking restrictions • weight limits • one-way streets and banned turns • prohibition of driving
PHTM FEBRUARY 2023
offence if contravened for which a penalty charge can be easily issued.
Hackney Carriage Byelaws
The use of ranks by taxis is governed by the use of byelaws. Most local authorities have adopted byelaws
Guildford, for example, makes the following stipulations:
First Byelaw relating to rank use:
The driver of a hackney carriage shall, when plying for hire in any street and not actually hired – • proceed with reasonable speed to one of the stands appointed by the council;
• if a stand, at the time of his arrival, is occupied by the full number of carriages authorised to occupy it, proceed to another stand;
• on arriving at a stand not already occupied by the full number of carriages authorised to occupy it, station the carriage immediately behind the carriage or carriages on the stand and so as to face in the same direction; and
• from time to time, when any other carriage immediately in front is driven off or moved forward cause his carriage to be moved forward so as to fill the place previously occupied by the carriage driven off or moved forward.
In practice this means:
• If a taxi is plying for hire and not hailed, they should travel to a taxi rank.
• If the rank is full, then they should head to another one.
• If the rank is not full, they should pull up behind the taxi in front, facing the same direction. • Move forward as the vehicle in front is driven off.
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which govern the use of ranks.
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