We were so confused to who should be enforcing the Law and arresting the illegally plying for hire mini-cabs, that are plying for hire all over the capital, that we put in a freedom of information request about this matter,to see what authority LT&PH have.
1. What legal authority do LT&PH Compliance and Enforcement Officers, have when it comes to enforcing hackney carriage law.
2. Can you supply me with the names and the positions held by the person or persons who supplied the relevant information to question 1.
FOI REPLY: There is just one role now, rather than a separate Compliance Officer and a separate Enforcement Officer, and they are both covered by the same power. Dave Stock, Head of Compliance, has also confirmed that under the ‘Definition and Interpretation’ section of the London Cab Order 1934, “Public Carriage Examiner” means any person appointed by [Transport for London] to examine and inspect public carriages for the purpose of the Metropolitan Public Carriage Act 1869.
Darren Crowson Strategy and Infrastructure Manager
Transport for London – Taxi and Private Hire Palestra, 197 Blackfriars Road 4th Floor – Yellow Zone (4Y7)Southwark, London SE1 8NJ
So we took a look at the Metropolitan Public Carriage Act 1869, and guess what we found, which they fail to mention. Was that they can in fact prosecute someone in an unlicensed hackney carriage, so if a mini-cab is plying for hire and is not licensed as a hackney carriage to ply for hire, can they prosecute them ??.
Metropolitan Public Carriage Act 1869.
Penalty on use of unlicensed carriages. E+W+S+N.I.
If any unlicensed hackney . . . F1 carriage plies for hire, the owner of such carriage shall be liable to a penalty not exceeding five pounds for every day during which such unlicensed carriage plies. And if any unlicensed hackney carriage is found on any stand within the limits of this Act, the owner of such carriage shall be liable to a penalty not exceeding five pounds for each time it is so found. The driver also shall in every such case be liable to a like penalty unless he proves that he was ignorant of the fact of the carriage being an unlicensed carriage.
What I find more distressing is that it is us, the trade who are the ones trying to find a solution to the problem of mini-cabs plying for hire, outside most bars and restaurants in london were sexual predators are infiltrating the ranks of cars out side these venues.We have posted on numerous occasion’s on this blog site that licensing officers up and down the country are enforcing and arresting mini-cab drivers for plying for hire.
Or could it be the case that they don’t want to enforce the law and stop mini-cabs ranking up and plying for hire outside, where there is a mini-cab booking office (satellite office) because they are encouraging them to operate from specific venues and are earning money off the back of these people. So once again, is money more important then the safety of the traveling public? Are LTPH guilty of negligence?
The Legal Definition of Negligence.
Conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances.
If any Victim of Rape or Sexual assault was attacked as a direct result of a Private Hire Driver, that was illegally Ranking up or Plying for Hire, outside a late night venue that has been licensed by London Taxi and Private Hire (LT&PH) to Operate a Minicab Booking Centre from inside that venue would leave them open to a Legal challenge of Negligence, for failing in their Duty of Care to protect the travelling Public and not enforcing the law.
Also If any victim of rape or sexual assault that was attacked as a direct result by a private hire driver that was illegal ranking up and plying for hire in London could bring a case against Safer Transport Command(STC),and the City of London Police(CoLP) for failing in their Duty of Care to protect the traveling public for not making one single arrest of a Private Hire Driver Ranking up and Plying for Hire in London in what we belive could stretch back 10 or more years.
The compensation pay outs to theses victim’s that could date back ten or more years if proven could run into Millions of pounds
Helen Chapman takes over enforcement next year and in her own words a lot is going to change. So why wait till after christmas when we all know that the rise in sexual assaults goes up in the festive party season.