Out of area Hackney carriages: By I.S.(Revisited)

The Following was Written by Ian Shanks prior to the recent Court ruling. As people are still talking about this I thought it might be a good idea to look at it again! Admin

I was recently asked to air my views and beliefs on the situation that faces us all, on the issue of out of area Hackney Carriages working as private hire within Newcastle and beyond.

Many of you may think you know ALL about the situation, and what has gone on before, and how we are present position, and as one of the people accused of bringing this situation to light I take this opportunity to put my story forward.

After the high court decision in 2001 on cross border hiring of private hire vehicles, Blue Line were instructed by North Tyneside Council that we could no longer use Newcastle Hackney Carriages on our fleet, which we had done for as long as I can remember. This resulted in another high court decision the following year, and this time the decision went in our favour declaring Hackney Carriages could be used for private hire bookings; and for those of you who can remember, for a short time we ourselves and some other drivers got cars plated in TYNEDALE, and, after proving the point resulting in the councils having to accept this could be done, drivers soon realised this was not worth the aggravation, and the point had simply been made.

The ruling sat in abeyance until 2006, when I requested North Tyneside Council to licence a driver of Polish nationality, who at the time of application held three badges from other councils within the UK; Plymouth, Penrith and Berwick. After several months and much playing for time by delayed or cancelled council meetings, North Tyneside in their wisdom requested that the enforcement team investigate all 28 EU countries and their criminal record procedures, (to which we still have no answer to some two years later). It was my belief that North Tyneside were simply reluctant to allow EU drivers to work as PH or Hackney drivers within North Tyneside, for what ever reason.

It was then that I chose to dig the ruling from the high court on hackneys working as private hire cars out of the cupboard, and exercise this ruling once again.

Since then many drivers have chose to do the same for various reasons of their own, be it for conditions set on cars or types of cars or the long waits for taxi tests because they only have one outlet we all must use, or in some cases simply because they are sick of being pushed around by the authorities they work for, or because working under costs dictated unfairly by the authority. For what ever their reasons, drivers have chosen to move their businesses; in this case to Berwick Upon Tweed, which are accused
of many things, but what many people fail to understand is they must issue plates in accordance with the rules they are bound by as do all councils.

One thing we must all agree on is that the law need to be addressed, and in the words of Lord Justice Kennedy in 1999 after a case of cross border hirings the law needs to reflect the state of technology and not be 23 years behind it.

We are now in a situation of having an influx of cars being plated OUT OF
AREAS because of the obstructiveness of local authorities or their failing to give us the service we deserve and demand to run businesses!

Councils have indeed allowed this exact same function to operate at our proud international airport where people often arrive for the first time to see so many different plated cars from their respective areas. The band wagon of experts have yet to be critical of the driver’s who have sold and made a killing from their Newcastle Hackney plates only to then re-plate themselves in various areas at alleged cheaper prices but yet still work the airport within the Newcastle boundary, but I am told this is ok as its private land!! Well I am sorry it’s the principle in my eyes that counts, and these people are doing the same alleged misdemeanour as any out of area car.

Anyway, we are were all in the situation we are in for what ever reason and we can not change this fact, so it’s now down to the courts to settle the fight between Councils! And this in itself may not bring good news for some, as one possible outcome is that a Judge could rule that hackneys cannot work as Private Hire Cars! But this would mean even when you are in your own area!! So such practices as working a radio circuit or taking a booking off a mobile phone could be deemed illegal and a hackney could only conduct itself as a hackney and return to the nearest rank as is determined in the outdated law which the judge does not have the freedom to change only enforce as it is written, meaning you could be found to have no insurance when conducting these jobs, which councils will have to enforce and prosecute!! So please be careful what your wish for as asking questions of such out dated laws may bring bad news not good as many practices have been excepted rather than implemented by law!!

And if this situation were to become reality the hackneys that are wheelchair adapted would no longer be able to be reached by the disabled person by either phone or radio circuit, and would now have to be flag the in the street by the disabled people themselves.

Now aren’t we getting stupid! But this could be reality!

Smaller offices who have to operate by means of diverting calls from the office to the driver in his car during such times of the early part of the mornings or through staff shortages or even those that may be in a rural area, actually break the law as it becomes the driver not the operator taking the booking in a car that may not even be in his own district!! This practice is carried out all over the country as it is needed for those smaller operations for cost effectiveness but it is breaking the law and passengers become uninsured!
Yet council after council do nothing about these situations and are fully aware of them being carried out.

But stop panicking as this is not what this particular case will resolve, this is simply just about if a council is acting correct by issuing plates knowing that they are to work out the area they are licensed, and conducting private hire work. Oh is’t that what the 7 or so councils have been doing at the airport for 20 years or more!

What we really need is for the Authorities around the country and the trade to go on mass and in force to the transport minister and insist something is done to bring our transport laws for Taxis and PH into the 20th century and allow us to prove ourselves as the true public transport system we are!!

Whilst many of you are blaming the Berwick cars for a reduction in trade and your takings can we all remember many of the Berwick badged drivers are ex Newcastle or North Tyneside etc badged drivers, who have moved across for
various reasons and it’s the driver of the car not the car or plate that maybe breaking the law and FLIMPING Those drivers are likely to be doing it regardless of the plated vehicle they drive as this is not a new problem, but sadly a very old problem. What we commonly need and have needed for many years is the enforcement we pay for to be out there enforcing!! I want my cars to work my radio circuit and cover my office work and you want your livings to be made!

We all have our place in this job Private hire should be working the radio circuits and pre bookings not working the streets as that for the hackneys!! But we all do have one common connection! We take people from A to B for hire and reward, and in a strange way we need to work together as an industry and not show people we are fighting against each other as we are.

I hope this letter is taken by you as a small clarification of a very long complex problem and not my total take on the situation.

We just need modern realistic laws that allow our trades to operate efficiently. Be it as individuals or offices.

Tagged as: newcastle v Berwick judgement, taxi enforcement