WHEN IS A TAXI David Lawrie, Director NPHTA
dave@nphta.co.uk www.nphta.co.uk
We have all seen articles in the press and on the news entitled “taxi driver accused of”- “taxi driver convicted of” and yet when we read the article or watch the news item, they are in fact referring to a private hire driver!
This is so annoying for all hackney carriage drivers, since it feeds into the public perception of “all taxi drivers”, when the truth is, the article is not about a taxi driver at all!
LATEST OFFENDER - ELECTRIC VEHICLE CHARGE POINTS
Leeds City Council has installed EV charging points for “taxis only”, as seen here: This prompted a private hire driver from Leeds, (Mr X) to write to the council to enquire why PHVs were not allowed to use these various EV charging points since the signage installed clearly states “taxi only”.
The response from the council was that “taxi only”, covers both taxis and PHVs and that the bays had been in operation for well over a year with no other complaints received about the wording. It explained it had used the word “taxi” because it is clear and widely understood and enables people to know who can and cannot use the reserved bays”.
With the greatest of respect to the council, the term is indeed clear and widely understand to exclude PHVs. It is far more likely that the reason there have been no other complaints, is more related to the fact that maybe not many PHVs have tried to migrate to electric vehicles, and as such, have not tried to park in the “taxi only” bays.
Mr X also questioned the council on the basis that if “taxis” included PHVs for the purposes of using charging point bays then this should also apply to PHVs being allowed to use bus lanes designated for the use of “taxis”. However, the council explained that this was an unrelated highway matter and that the charge points are located in off street locations.
Terribly sorry, but unless all the acts to which each sign relates is included at each charging point, bus lane, and taxi rank, then the public and the drivers, can only rely on the dic- tionary, the meaning of the word “taxi” does not change according to where or how it is used, in fact if you would care to check with your own licensing conditions, and the LGPMA 1976, you will indeed see that they are two separate regimes.
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The council explained that Mr X as a PH driver can use the “taxis only” charge points bays: “..and no parking place order will penalise a PHV for using a taxi bay”.
As reassuring as that may be, what about the obvious arguments that will follow between actual taxi drivers and those attempting to pull on to bays that are clearly marked “taxi only?” What about the simple fact, as in Mr X’s case, that all PH drivers will read the signage, and know this means they may NOT use those charging points?
Dissatisfied with the council’s response, Mr X complained to the Ombudsman. A decison was made as follows: “I see no evidence to suggest there has been fault by the council in its handling of this matter. Moreover, Mr X has not been caused injustice sufficient to warrant an investigation. We will not therefore investigate this complaint.”
WAIT WHAT?
This would therefore suggest it is perfectly legal for a PHV to sit on a taxi rank, since the use of the word “taxi only” is generic and means both. It would mean PHVs can legally use bus lanes which also state “taxi only”. It would also suggest that PHVs do not need to receive work from an operator. And also that all hackney carriage legislation be applied to PHVs: being flagged down and taking their own bookings, since the term “taxi” is generic and means both….right?
WRONG!
The legislation is not only perfectly clear, but also quite prescriptive. More than that, PHVs, drivers and operators are not even mentioned in the Town Police Clauses Act 1874, since they did not exist at that point. They are covered by the Local Government Miscellaneous Provisions Act 1976, so there is absolutely nothing generic about the use of the word “taxi”.
The word “taxi” or “cab” or even “for hire” may not appear within the name or branding of any PHV or company! This is enshrined into legislation and licensing conditions throughout the UK. The NPHTA has even had to clarify this restriction to potential PH operators as the reason why their application for an operator’s licence had been rejected and then help them rebrand and reapply. PHVs have been suspended for this very offence simply due to lack of awareness.
SO, WHAT IS A TAXI?
The legal definition of a taxi is: “a hackney carriage vehicle licensed to carry passengers for hire and reward.” Taxis can: • sit on or “ply for hire” at a “taxi” rank • be “hailed” in the street
• be pre booked • actively seek its own work • accept bookings directly without an operator’s licence JULY 2021
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