TREVOR MERRELLS: When is a taxi hail, not a taxi hail?
Let’s start with the Abstracts of Law all London Taxi drivers are issued with. The Courts have considered what plying for hire means and what follows is a digest:
‘An unhired taxi passing along a street is not legally bound to stop when hailed as it is not legally plying for hire when it is in motion. It is deemed to be in motion for these purposes even when actually stationary, providing it becomes stationary due to prevailing traffic conditions or, for example, to comply with traffic signs or signals, or the directions of a traffic warden or constable. If a taxi driver stops his vehicle in response to a signal from an intending hirer and speaks with him he is then technically ‘found standing in the street’ and must accept a lawful hiring or he commits the above offence. The ‘for hire’ sign does not legally affect this position whatever it indicates.’
So, what constitutes a signal? And when is a hail not a hail?
Transport for London (TfL) are aware that by allowing private hire vehicles to ply for hire via an app will make the two-tier system no longer viable.
THE TWO-TIER SYSTEM
In response to the Law Commission regarding the two-tier system the Government confirmed that the defining characteristic of a Taxi is that it takes immediate hiring whereas Private Hire Vehicles (PHV) must be booked through an operator.
TfL are quoted in the ‘Plying for Hire–Taxi Briefing’, as saying: “The clear distinction between Taxis and PHVs should be retained, which includes the requirement for PHVs to be pre-booked through a licensed operator at all times, regardless of the means of communication. In London, taxis can be hailed on the street, booked in advance or hired from a designated taxi rank. Ranks are the only place where a taxi can be hired whilst stationary and cannot be used by PHVs. Ranks are located in places where demand is greatest including mainline railway stations, hotels, and major shopping areas.
“Any move to confuse the distinction between the two services would be catastrophic to the London market. If anything, there is a need in London to reinforce the distinction between the two different services. Allowing existing PHVs to ply for hire would remove the universal standard. It would render the investment taxi drivers have made in purchasing taxis and learning the Knowledge worthless. Furthermore, lower standards would in all probability result in the market becoming flooded.”
TECHNOLOGY, PLYING FOR HIRE AND E-HAILING
According to the 2015 briefing, TfL also stated in their response: “The technological modes of engaging private hire services requires further investigation by the Law Commission so as to ensure this does not encourage plying for hire or ranking by PHVs in the hope of securing an immediate hiring.”
When recently asked for clarification on this, TfL reiterated the above, however they went on to say there is no reference in the 1998 PHV Act or associated operator regulations as to how far in advance private hire bookings must be recorded by licensed operators before the journey is undertaken.
Yet in spite of these comments one can clearly observe PHVs forming ranks waiting to be pre-booked, it is obvious that our right to ply for hire is being infringed by such practice, and now our right to be hailed in the street it would appear is being emulated.
With the advent of Smartphone apps entering the market, the term e-hail evolved in particular with the arrival of first Zingo, GettTaxi then shortly after Hailo who are now known as FREE NOW. As the description e-hail was coined for apps dedicated for the sole use of the London Taxi trade no one objected to the use of the term in this way, however the term e-hail now appears to be spoken of when referring to PHV hirings. Surely this is wrong and it should not be used in this context. Hailing is the exclusive right of the licensed taxi and clearly it matters not the method of hailing. If a vehicle is hailed in real time with the use of a device showing available vehicles on a map then that is tantamount to plying for hire. The issue regarding such methods along with the immediacy of a hiring, must be addressed, so as to ensure our right is not infringed.
WHEN IS A HAIL NOT A HAIL?
Plying for Hire is clearly the exclusive right of the London Taxi as confirmed above by both the Government and TfL. It centres around two distinct practices, that of waiting to be hired on a rank or stopping in response to a hail in the street (which also
includes private property) both of which are immediate in their nature. What is the point in stating only London Taxis can be hailed in the street and take immediate hirings, if PHVs can imitate this practice using technology? Surely the rules applicable to the real world must be reflected and adhered to in that of the virtual one.
The dictionary definition of hail is:
‘(verb) Call out to someone to attract attention. Example: Signal an approaching taxi to stop, “she raised her hand to hail a taxi”’
The dictionary defines immediacy as:
‘The quality of bringing one into direct and instant involvement with something.’
So, when is a hail not a hail, and when is a pre- booking not a pre-booking?
