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Who’s This Illegally Parked?
Actually it’s OK as they are on official business.Two of North Tynesides illustrious Enforcement officers in action.
They both look a lot older than I remember Them!
May 29th, 2008 |
Illegal Parking
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{ 5 comments… read them below or add one }
I thought I should examine these 3 photographs more closely as a qualified Transport Manager & to assist this site in encouraging Drivers & Proprietors to add comments & assist the growth of this North Tyneside Web-Site.
The First picture is in Nile Street, North Shields in a Loading Bay from the looks of things? They were not unloading anything except possibly Bulls**t or were they just listening to somebody telling them some Bulls**t, either way it cannot surely be legal to park & to load or unload Bulls**t in a loading bay unless you are genuinely loading or unloading a heavy load of it normally or Please reference Page 83 of The Highway Code & Rule 247.
Verdict; The Enforcement Officers were wrong to park their vehicle in that place, as all they appear to be doing is just listening to a member of the public.
The Second picture again Nile Street, North Shields are there yellow lines painted on the road here outside Nobles Amusements & the Bingo Hall? (I cannot remember, as I have not worked North Shields Metro Rank for sometime) The reason I mention the Taxi Rank is because it is about 10 yards away in front of this parked unattended hackney carriage. (Highway Code Page 82 Rule 243)
Verdict; Guilty under (Section 62) Town Police Clauses Act 1847. (Penalties in case of carriages being unattended at places of public resort) If a driver of any hackney carriage leave it in any street or at any place of public resort or entertainment, whether it be hired or not, without some one proper to take care of it, any constable may drive away such hackney carriage. Berwick-upon-Tweed is covered by this Act too you know, as any hackney carriage even if it is not in its “Appropriate Licensing Authority” as it is unattended & illegally parked on the public highway.
The Third picture is a classic, as it clearly shows a North Tyneside “Hire Car Code” licensed vehicle illegally parked on a hackney carriage stand, as confirmed by the road markings. (Highway Code Page 81 Rule 240)
Verdict; Guilty under (Section 64) Local Government(Miscellaneous Provisions)Act 1976 states: No Person shall cause or permit any vehicle other than a hackney carriage to wait on any stand for hackney carriages during any period for which that stand has been appointed, or is deemed to have been appointed, by a district council under the provisions of section 63 of this Act.(Section 63 is Stands for Hackney Carriages within the “Appropriate Licensing Authority” that under byelaw 7 we must return to the nearest one when empty & Plying for Hire in our “Appropriate Licensing Authority”) The North Tyneside Hackney Carriage Driver was still with his vehicle,but probably had to leave it to take the picture for evidence meaning acceptable practice in these circumstances.
The Highway Code Pages 80,81,82,83 & 84 cover the Rules for Waiting & Parking from Rule 238 up to Rule 252. Then there is the Town Police Clauses Act 1847 & 1889, Local Government(Miscellaneous Provisions)Act 1976, The Road Traffic Acts create most of the offences under the Highway Code with references stated in the Highway Code Revised 2007 Edition from the Department of Transport at a cost of £2.50p currently.
Good Luck All.
WELL WELL WELL ,WHO WOULD OV THOUGHT IT ,A TAXI WEBSITE WERE YOU CAN ACTUALLY SEE WOTS GOING ON ON THE STREETS OV NORTH TYNESIDE DAY AND NIGHT . KEEP THE PICS COMMING AND LETS SEE IF OUR COUNCIL WILL DO ANYTHING TO HELP THE HACKNEY CARRIAGE FROM THE MESS THAT WE ARE IN THROUGH THIS “LOOPHOLE” .
WELL WELL WELL!!!
HACKON DOES NOT SEEM TO UNDERSTAND!
There is no “LOOPHOLE” a “Licensed Taxi” is licensed under SECTION 37 of the Town Police Clauses Act 1847, first and foremost to “PLY FOR HIRE” within its “APPROPRIATE LICENSING AUTHORITY” under the “TAXI CODE” as stated in the TRANSPORT ACT 1985 by the Secretary of State with BYELAWS attached to control the conduct of the DRIVER & PROPRIETOR.
A Private hire vehicle is a “HIRE CAR” licensed under SECTION 48 of the Local Government (Miscellaneous Provisions) Act 1976, to operate PRE-BOOKED INADVANCE hirings or contracts within its own “APPROPRIATE LICENSING AUTHORITY” under the “HIRE CAR CODE” as stated in the TRANSPORT ACT 1985 reference to the Secretary of State is quoted, to be able to follow the “HIRE CAR CODE”.
The “TAXI CODE” applies to all TAXI HACKNEY CARRIAGE VEHICLES(HC)as “any provision made under any enactment which would apply if the vehicle were plying for hire by a single passenger” to be applied to vehicles with 8 or less passenger seats.
The “HIRE CAR CODE” applies to all other vehicles that are not licensed as TAXI HACKNEY CARRIAGE VEHICLES (HC) but PRIVATE LIGHT GOODS VEHICLES (PLG)as “provisions made under any enactment applying to a licenced hire car which would apply if the vehicle were hired by a single passenger” to be applied to vehicles with 8 or less passenger seats.
Taxis which are pre-booked and thus do not PLY FOR HIRE (ie hire cars) fall outside the TOWN POLICE CLAUSES ACT 1847!!!!
THE LEGAL STATUS:
Under the TRANSPORT ACT 1985 the above statement means;
Taxis are HACKNEY CARRIAGES,
ie mechanically propelled vehicles which STAND or PLY FOR HIRE.
This definition (mechanically propelled vehicles) is sufficently wide to include private hire cars.
PLYING FOR HIRE means that the vehicle is available to the public either at separate fares or can be hired as a whole.
This means when a HACKNEY CARRIAGE TAXI VEHICLE & DRIVER are operating 100% outside there “APPROPRIATE LICENSING AUTHORITY” they cannot be fulfilling there obligations under their BYELAWS, to be used first and foremost to what they were issued for, which was to “PLY FOR HIRE” within there own “APPROPRIATE LICENSING AUTHORITY” under BYELAWS.
There status is invalidated because they have become a 100% “HIRE CAR” which falls outside the TOWN POLICE CLAUSES ACT 1847, as defined by the TRANSPORT ACT 1985 & stated in the CRONER BUS AND COACH OPERATIONS section about “TAXIS and HIRE CARS”.
I did not write these RULES they are printed in the CRONER BUS AND COACH OPERATIONS GUIDE under the “TAXIS AND HIRE CARS” section in the guide.
GOOD LUCK ALL, as this is the last comment on the OUT OF TOWN HACKNEY CARRIAGE TAXI vehicles I intend to write, as I have other work to get on with, as a TRANSPORT MANAGEMENT CONSULTANT charging for my services that I am QUALIFIED to do.
Despite apparent recent warnings from the council,it seems some of our “private hire” and “out of operating area” friends are determined to rank up and illuminate top signs.Could this be a deliberate attempt to wind us up?Who knows?
Maybe it is now the time for the council to stop warning and start issuing fines and suspending licences!
nice to see enforcement officers out over the weekend doing their job ,but could do with a bit more discretion as in not bein on show outside the bedroom in whitley bay as every man and his dog knew they were there . they need to be caught in the act[ flimpin ] . also one last comment ….. COME OUT AT 3 OO A.M. WHEN “FLIMPERS” ARE OUT IN NUMBERS …..