This page is devoted to collating legal references - points of law relative to taxis and taxi drivers. Please email us (or post on the E-rank Cabbychat forum) if you can add to this content; or feel there is a need to add to - delete - correct - amend any entries on the Tab Panel below. As we gain snippets of information and helpful leads, we'll pass them on here - it is for you to make your own decision as to their validity or usefulness, we cannot be held liable for application as that is a matter entirely for you (the reader) to decide. We, the FHCA Admin team, are not qualified legal experts. |
| Points covered can be accessed by clicking on the subject lines in the Tab Panel below |
a good general reference library on all aspects of the law, including motoring matters.
a useful driving violations loophole seeker.
primarily a forum for queries/views regarding all traffic legislation.
General information and advice on vehicles and driving
Source: E-rank "Bus lanes beyond Fareham"
The Fareham Hackney Cariage Association has emails from Ross Lee of Portsmouth City Council, Karen Barnes of Southampton City Council and Graham Sarson of Transport for London, stating that Taxis licenced in Fareham can use Bus Lanes in Portsmouth, Southampton and London. The Taxi needs to have a current Licence and be displaying its roof sign. The only problem, as stated by Cabby man, particularly in London is that saloon type taxis do not look like the London Cab therefore, on occations a fine might drop on your mat. We have been assured that an appeal should cancel the fine on production of a photocopy of your Hackney Carriage Licence. If you need a copy of the emails ask Paul Rogerson of Radio Taxis, Plate 93, Light Blue Passat.
"It is a criminal offence for any person who, knowing that payment on the spot is required from him/her for any service done, dishonestly makes off or attempts to make off without paying, and with intent to avoid paying the amount due. A person suspected of such an offence is liable to arrest by a constable without warrant, and upon conviction in the Crown Court may be imprisoned for up to 2 years.
Ref: Theft Act 1978, Section 3
40A Using vehicle in dangerous condition etc. E+W+S.A person is guilty of an offence if he uses, or causes or permits another to use, a motor vehicle or trailer on a road when—
(a)the condition of the motor vehicle or trailer, or of its accessories or equipment, or.
(b)the purpose for which it is used, or.
(c)the number of passengers carried by it, or the manner in which they are carried, or.
(d)the weight, position or distribution of its load, or the manner in which it is secured,.
is such that the use of the motor vehicle or trailer involves a danger of injury to any person.
Ref: Section 40a, Road Traffic Act 1988
Source: As stated at www.lawontheweb.co.uk, on the websites of Thames Valley and Avon and Somerset police forces, and on various .gov sites
"Exempt from seat belt wearing includes the driver of:
(i) a licensed taxi whilst on duty (viz. while it is being used for seeking hire, or answering a call for hire, or carrying a passenger for hire);
(ii) a private hire vehicle while it is being used to carry a passenger for hire.
No specific mention is made of where or where not a taxi driver may drive "unbelted" although the exemption of "being used for seeking hire" would imply that the driver must at the time be plying for hire within the boundaries of the Local Authority area in which he is licensed to do so.
Ref: Motor Vehicles (Wearing of Seat Belts) Regulations, 1993,
made under Section 16 of the Road Traffic Act, 1988.