PLYING FOR HIRE: The legal divide between taxis and private hire vehicles
Plying for hire is a term used to describe a taxi driver actively seeking and accepting passengers on the street without a prior booking. The legal framework surrounding this practice varies across the UK, with distinct rules for England, Wales, Scotland, and Northern Ireland.
In England and Wales, only licensed hackney carriage drivers are permitted to ply for hire. These are the traditional black cabs, which can be hailed on the street or picked up at designated ranks. Private hire vehicles (PHVs) are not allowed to ply for hire and must be pre-booked through a licensed operator. The regulations in Scotland and Northern Ireland mirror this approach, where only public hire taxis can legally accept passengers without a prior booking.
Plying for hire involves more than simply picking up passengers. The vehicle must display the correct taxi signage and fare meter, where applicable. If a driver or vehicle does not meet these conditions, they are operating illegally. This distinction also applies to private hire drivers. If a PHV driver accepts passengers from the street without a booking, they are committing an offence.
The penalties for illegally plying for hire can be severe. Drivers risk losing their taxi licence, facing significant fines, and even criminal prosecution. Furthermore, any insurance policy in place is likely to be invalid if a driver is found to be plying for hire without the necessary permissions. This could leave both the driver and passengers unprotected in the event of an accident.
A significant area of debate revolves around the difference between a physical hail and an electronic hail via an app. While a physical hail clearly falls under plying for hire, the rise of technology-based ride-hailing services has created a grey area. These apps allow passengers to request a ride instantly, but some argue this blurs the lines between pre-booking and plying for hire. The regulations do not yet fully address this technological shift, leaving room for interpretation and potential legal challenges.
As the industry continues to evolve, drivers and operators must stay aware of the regulations and their obligations. Plying for hire remains a critical aspect of the taxi trade, and compliance with the law ensures both driver and passenger safety.
