Been having a look at the PH legislation for London:
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To summarise, imagine burglars writing the law on breaking and entering and you get the picture on how tough it is to comply.
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In addition, I have looked at the various case law on Plying for Hire and how it applies to apps that some PH are using. Some of these apps show pictures or details of nearby vehicles available to be hired.
So we can transfer that methodology to a simple scenario, if you were staying at a London hotel and could see the cab rank or street from your window and you then opened it and shouted to hail the cab then that vehicle has responded to the hail and is therefore Plying for Hire.
Simple really, the smartphone is a picture of the street and the vehicles are there in REAL TIME and the app a means of hailing the vehicle that is no different in intent to shouting, a doorman coming out or putting on an amber light such as employed at Parliament, Park Lane Hotel or Tower Hotel etc.
AN IMMEDIATE HIRE by any definition.
There is NO PRE BOOKING AT ALL and therefore the only class of driver legally empowered to take such work is:
A LONDON LICENSED TAXI DRIVER using a type approved, fare regulated, fully insured, wheelchair and disabled facility fitted cab.
The Law Commission (for reasons unknown) decided to U turn on their view that Plying for Hire would be defined but 'updated' (read first sentence on burglars and housebreaking) to a definition of 'here and now'.
Well whatever, the vehicles on the screenshot are HERE and people are booking them NOW.
So TfL you don't need Q.C's opinion or anything else, you can act on this TODAY, for sure we, the disabled and the tax authorities would appreciate it!
In addition, I have looked at the various case law on Plying for Hire and how it applies to apps that some PH are using. Some of these apps show pictures or details of nearby vehicles available to be hired.
So we can transfer that methodology to a simple scenario, if you were staying at a London hotel and could see the cab rank or street from your window and you then opened it and shouted to hail the cab then that vehicle has responded to the hail and is therefore Plying for Hire.
Simple really, the smartphone is a picture of the street and the vehicles are there in REAL TIME and the app a means of hailing the vehicle that is no different in intent to shouting, a doorman coming out or putting on an amber light such as employed at Parliament, Park Lane Hotel or Tower Hotel etc.
AN IMMEDIATE HIRE by any definition.
There is NO PRE BOOKING AT ALL and therefore the only class of driver legally empowered to take such work is:
A LONDON LICENSED TAXI DRIVER using a type approved, fare regulated, fully insured, wheelchair and disabled facility fitted cab.
The Law Commission (for reasons unknown) decided to U turn on their view that Plying for Hire would be defined but 'updated' (read first sentence on burglars and housebreaking) to a definition of 'here and now'.
Well whatever, the vehicles on the screenshot are HERE and people are booking them NOW.
So TfL you don't need Q.C's opinion or anything else, you can act on this TODAY, for sure we, the disabled and the tax authorities would appreciate it!
•••••••••
Ever wondered what happens to the complaints we send in to TfL, that are used for their inteligence based enforcement program!
