Casename |
Statute |
Reference |
Subject |
Brief
Precis Of Decision |
Force
Of AUTHORITY |
Copy
Y/N? |
Abrahams v Bartlett |
L.C.O.1934,Para 39 |
[1970] RTR 276 |
ALTERNATE CHARGES |
Alternate charges are exclusive & cannot
both be proven on one set of circumstances |
Binding |
Y |
Adamson v Waveney B.C |
LG(MP)A 1976, S51+59 |
[1997] 2 All ER 898 |
SPENT CONVICTIONS |
Can be considered by Council
if no other way to be fair & chance given to mitigate
[SEE NOW Rehabilitation of Offenders Act 1974 [Exceptions]
[Amendment] order 2002, SI 2002 No. 441] |
Binding |
Y |
Adur D.C. v Fry |
LG(MP) A 1976, Ss46(1)(e)(i +
ii), S80(1) |
CO 25/95 QBD[DC]HIGH COURT |
OPERATE |
defined in relation to S46(1)(e)
offences when viewed in light of definition "operate" in S80(1)
of the 1976 Act |
Binding |
Y |
Albert v Motor Insurers
Bureau |
RTA 1988 S143 (RTA 1960,S203(1)(4)(a) |
[1972] RTR 230 |
HIRE AND REWARD |
Defined as if beyond mere social
kindness then was hire & reward. If used so on one occasion
then was " a vehicle used for hire & reward". |
Binding |
Y |
Alker v Woodward (unreported)
[known as the Liverpool case] |
TPCA 1847, S45 |
[1962]Times Law Reports [Feb
17,] |
PLYING FOR HIRE |
By marked "radio taxi" at OR
on unmarked HC Stand near to Hotel in late evening / early
morning [CASE REMITTED TO CROWN TO BE ANSWERED] |
Persuasive |
Y |
Allen v Trowbridge |
MPCA,1869 |
[1871] 35 JP 695 |
PLYING FOR HIRE |
Driver of Brougham on Rail station
who exposed carriage for hire plied for hire although not
a street [note based on London Act with difference in wording
to 1847 Act.] |
Binding |
Y |
Armitage v Wilson |
L.C.A 1968 S4(2) |
[1975] RTR 160 |
ADVERTISEMENTS RELATING TO HIRE
VEHICLES |
Dependant on whether advert makes
clear vehicle is or is not a licensed Hackney Carriage |
Binding |
Y |
Arrowsmith v Jenkins |
Highways Act 1959, S121 |
[1963] 2 All ER 212 |
OBSTRUCTION |
To prove wilful obstruction you
must prove that without authority by free will that someone
does or omits to do something which causes the obstruction.
Intention is not required. |
Binding |
Y |
Assoc. Provincial Picture
Houses v Wednesbury Corp. |
ALL ACTS |
[1947] 2 All ER 680, CA |
REASONABLE and COURTS DUTIES
OF JUDICIAL REVIEW |
Defined the court's duties and
powers in regards to reviewing decisions of the Councils.
Duty is to ensure reasonably arrived at and reasonable on
the merits of the case duly decided in accordance with the
Council's powers under the 1976 Act and other legislation |
Binding |
Y |
Atkins v Green |
L.C.A 1968 S4(2) |
[1970] RTR 332 |
ADVERTISEMENTS RELATING TO HIRE
VEHICLES |
Dependant on whether advert makes
clear vehicle is or is not a licensed Hackney Carriage |
Binding |
Y |
Attridge V Attwood [R
v Plymouth CC ex parte Attridge] |
TPCA 1847, S62 and RTRA 1984,
S5(1) |
J.P. & L.G.Review |
CAB RANK |
Driver of Motor Cab commits offence
if leaves vehicle unattended in breach of Road Traffic Order.
RANK: Is for standing/Plying from only. |
Binding |
Y |
Backer v Sec.State for
Environment & another |
Caravan Sites..,.Act 1960 |
[1983] 2 All ER 1021 |
ADAPTED |
Defined in RTA cases means apt,
fit or suitable. In other matters can mean adapted by alteration
to a particular use. |
Binding |
Y |
Bailey v Geddes |
Ped.Crossing Regs 1935, S3-4 |
[1937] CA, 671 |
ABSOLUTE DUTY TO OBSERVE PEDEST.
CROSSING |
Held that there was an absolute
duty on a motorist to stop for a pedestrian on a crossing
and contributory negligence of the pedestrian cannot be claimed
as a defence |
Binding |
Y |
Baker v Chapman |
Road Traffic Act 1960,S127 |
[1963] LGR 527 |
CAUSE, PERMIT OR USE |
An owner of vehicle uses it both
when he drives it AND also when someone else does so on his
instruction |
Binding |
Y |
Barass v Reeve |
Soc.Sec.A,1975,S146(3)( c) (i) |
[1980] 3 All ER 705 |
FALSE STATEMENT |
In a social security case it
was held that it was not necessary to prove that a false statement
was made in order to obtain a benefit. It was merely necessary
to prove that the defendant knew the statement was false. |
Binding |
Y |
Barber v Carter & another |
L.C.A 1968 S4(1)(b)(3) |
[1970] RTR 39 |
ADVERTISEMENTS RELATING TO HIRE
VEHICLES |
Dependant on whether advert makes
clear vehicle is immediately or presently available |
Binding |
Y |
Benson v Boyce |
LG(MP)A 1976, s46(1)(b) |
CO 2409-06 QBD 20th January 1997 |
DRIVING LICENSED PH VEHICLE |
Any person driving a private
hire vehicle for any purpose other than a prebooked vehicle
fitness test must be a licensed private hire driver. All licences
must be from same authority. |
Binding |
Y |
Birmingham & Midland
Motor Omnibus Co v Thomson |
TPCA 1847, S45 (and also S37) |
[1918] The Law Times, KB, Vol
119, 140 |
PLYING FOR HIRE |
Omnibus need not be on a street
but a plying S38 1847 Act Hackney Carriage did need to be
displayed to Public & on a street(Obiter Dicta) |
Binding |
Y |
Bly v Godfrey |
TPCA 1847 |
[1922] 86 JP 82 |
MORE THAN PERMITTED FARE |
Held that the offence was committed
at the end of journey - matters as to jurisdiction of Magistrates
Court |
Binding |
N |
Borders v Swift |
RTA |
[1957] Crim.L.R 194, DC |
INSURANCE |
If a court can satisfy itself
as to insurance from a certificate then the policy MAY not
need to be produced. |
Binding |
N |
Bowers v Gloucester Corporation |
TPCA 1847, S40 |
[1963] 1 All ER 437 |
REVOCATION OF LICENCES |
UNDER THE TPCA 1847 ACT- Two
different offences could provide the statutory grounds to
revoke. It did not have to be the same offence twice. |
Binding |
Y |
Bradford City MC v Booth |
MagCts Act 1980, S64(1) & LGMPA,
1976, S63(2) |
Times Wed.31/05/00 & [2000]
164 JP 801 |
COSTS AWARDS IF COUNCIL LOSES |
When a Statutory Function is
exercised by a Council costs may not necessarily follow the
event if the Council has acted reasonably but the Court has
decided against them. It is a matter for the Courts to decide
in each case [BINGHAM LCJ & SILBER J.] |
Binding |
Y |
Braintree DC v Howard |
LG(MP) A 1976, Ss46(1)(d)+80 |
[1993] RTR 193 |
CROSS BORDER HIRE |
In connection with NON CONTROLLED
DISTRICT/CROSS BORDER:HELD:1) S56(1) applies to licensed Operators
only & 2)S75(1) only applies to cars bringing people into
district & not otherwise. |
Binding |
Y |
Breame v Anderson & another |
L.C.A 1968 S4(1)(b)(3) |
[1971] RTR 31 |
ADVERTISEMENTS RELATING TO HIRE
VEHICLES |
Dependant on whether advert makes
clear vehicle is immediately or presently available |
Binding |
Y |
Brighton BC ex parte
Bunch and others |
TPCA 1847, S37-38 |
CO/192/88 |
UNMET DEMAND |
HELD:Demand related to demand
for only those services that a hackney carriage could provide
and must be a broad approach view over the whole week of work |
Binding |
Y |
Britain v ABC Cabs (Camberley)
Ltd ( see Rushmoor BC below) |
LG(MP) A 1976, S46(1)(d) |
[1981] RTR 395 |
OPERATE |
defined in relation to S46(1)(d)
offence |
Binding |
Y |
Bromsgrove D.C v Powers |
LG(MP) A 1976, S46(1)(e) |
CO/3624/97 16th July 1998 EWHC
Admin 755 |
OPERATORS SUBCONTRACTING WORK |
An operator cannot subcontract
work to an operator in another district and if he so does
then that can be sufficient cause to refuse to renew an Operator's
licence |
Binding |
Y |
Browning v Wilson |
RTA 1934, S25(1) |
[1953] 2 All ER 775 |
PERMIT |
Owners of vehicles should take
precautions to ensure requirements met. If they do not & offences
occur then they can be convicted. |
Binding |
Y |
Bygraves and Dicker |
TPCA 1847, Ss 45-63 |
[1923] All ER 473 |
VICARIOUS LIABILITY OF OWNER |
HCV Owner liable for acts of
self-employed driver- Any party who is injured due to drivers
negligence can obtain damages from vehicle owner. |
Binding |
Y |
Cartwright v Mc Cormick
(Trafalgar Insurance below) |
RTA 1988, S143 |
[1963] 1 All ER |
INSURANCE |
ISSUE TIMES-DEFINED AS TO WHEN
IN FORCE |
Binding (Ct. Appeal) |
Y |
Challoner v Evans |
TPCA 1847 |
Times Law Reports 22nd November
1986 |
RENTING OF HACKNEY PLATE AFTER
SALE OF VEHICLE |
If a licensed vehicle is sold
the plate resides with the vehicle and cannot be rented out
separately |
Binding |
N |
Cinnamond & others
v British Airports Authority |
Heathrow Byelaws 1972 |
[1980]RTR 220 |
VALIDITY OF BYELAWS |
If desirable for discharge of
function then if possible should be held valid & not invalid
(per Denning MR) |
Binding |
Y |
Clarke v Stanford |
MPCA 1869, Ss4,7 |
6 QB, 357 |
PLY FOR HIRE RAILWAY PROPERTY
[LONDON] |
If a driver displayed a vehicle
but could not contract for hire but directed hirers to an
office first then he could still ply for hire even if the
railway land was leased to the carriage owner. |
Binding |
N |
Cocks v Mayner |
TPCA 1847, s45 |
[1894] 58 JP 104 |
PLYING FOR HIRE-Voluntary contributions |
An omnibus plied for hire contrary
to S45 even if it only requested or accepted voluntary contributions.
Despite the lack of a contract a plying took place. |
Binding |
Y |
Cogley v Sherwood (Skyport
Ltd) known as the Airport Case) |
MPCA1869, S7 |
[1959] 2 All ER 313 |
PLYING FOR HIRE |
Hackney Carriage must be exhibited
to the public in order to ply for hire |
Binding |
Y |
Corkery v Carpenter |
Licensing Act 1872, s12 |
[1950] 2 All ER 745 |
CARRIAGE DEFINED |
A Bicycle can be a "carriage" and
so if used for plying i.e. rickshaw, must be licensed hackney
carriage |
Binding |
Y |
Crack v Holt |
TPCA 1847, S45 |
[1927] The Law Times, Vol 136-pg511 |
PLYING FOR HIRE |
Omnibus plied within the prescribed
distance even though it did not do so on a street. |
Binding |
Y |
Crawford v Haughton |
Con & Use Regs,1986 |
[1972] 1 All ER 535 |
USE OF VEHICLE |
If an owner allowed another to
use an unroadworthy vehicle he could be charged with causing
or permitting its use. He could not, unless the driver was
a direct servant of his be prosecuted for use of the vehicle
but could be for permitting the use. |
Binding |
Y |
Crawford v Haughton |
RTA 1960, s60 |
[1972] 1 All ER 535 |
CAUSE/PERMIT |
If an owner allowed another to
use an unroadworthy vehicle he could be charged with causing
or permitting its use. He could not, unless the driver was
a direct servant of his be prosecuted for use of the vehicle
but could be for permitting the use. |
Binding |
Y |
Crawley BC v Crabb |
LG(MP)A 1976, S51(1)(b) |
[1996] RTR 201; 17 WRTLB[145] |
DVLA MINIMUM ENTITLEMENT |
That a cumulative 12 months entitlement
satisfied the requirement to hold a licence for 12 months.
Did not mean 12m immediately prior to application |
Binding |
Y |
Crawley BC v Ovenden |
LG(MP)A 1976 S75(1)(b) |
[1992] RTR 60 |
CONTRACT |
To fall under the S75 exemption
a contract must relate to identified vehicle & must specify
a minimum length of no less than 7 days exclusive of all other
contracts. |
Binding |
Y |
D(An infant) v Parsons |
Road Traffic Act 1930,S35,1 [NOW
s143, RTA 1988 |
[1960] 2 All ER 493 |
UNKNOWINGLY CARRIED ON UNINSURED
UTMV |
If a person was carried on a
UTMV unknowingly he could not be charged with aiding UTMV
or using with no insurance unless it could be proved that
he acted in concert with an offender. |
Binding |
Y |
Darlington B.C. v Paul
Wakefield |
LG(MP) A 1976, S59(1) |
[1988] J.P. 481 |
APPEALS |
To be heard "De Novo" as a complete
rehearing of the case in order to satisfy natural justice
[see also Sagnata Investments v Norwich] |
Binding |
Y |
Dittah v Birmingham C.C
( Choudhry v Birmingham CC) |
LG(MP) A 1976, S46(1)(d) |
[1993] RTR 356 |
OPERATE |
defined in relation to S46 offences.
S55 Operator may only use vehicles & drivers licensed
by his own authority. |
Binding |
Y |
DPP v Computer Cab Co
Ltd |
Lond. Cab Order 1934 Para 31(1)(iii) |
[1995] Road Traffic Reports April-May |
BOOKING FEES FOR HCV'S [IN LONDON] |
Booking Fee allowed [APPLICABLE
LONDON ONLY-1976 ACT DISALLOWS FEES UNLESS ALLOWED FOR IN
SET TARIFF |
N/Applic. Outside London |
Y |
DPP v Marshall |
PACE 1984, s78 |
[1988] 2 All ER 683 |
ENTRAPMENT |
If a trader, in breach of licence,
sold goods to an officer it was lawful to make purchase in
order to provide needed evidence. [see also R v Looseley,
AG Ref No. 3 of 2000] |
Binding |
Y |
DPP v Sikondar |
PPVA 1981 |
[1993] RTR90 |
HIRE & REWARD |
Defined by reference to whether
beyond bounds of mere social kindness or as in this case a
regular pattern of trips. |
Binding |
Y |
Dudley MBC v Debenhams
PLC |
PACE 1984, CODE B |
CO/3537/93 13th July 1994 |
SEARCH NOTICE [PACE] REQUIREMENTS
FOR |
Held: If premises entered with
a suspicion that an offence MAY POSSIBLY have been committed
then CODE B PACE applies and a Notice must be served. Applies
to Operator checks to confirm if driver has plied etc. |
Binding |
Y |
Eastbourne BC v Stirling & Morley |
S45 TPCA 1847 & S76 PHA 1925 |
[2000] EWHC Admin 410 CO/1508/2000 |
PLYING FOR HIRE ON RAILWAY PREMISES |
Held: In the absence of any Local
Act a Council should formally adopt S76 of the Public Health
Act 1925 if it wishes to extend HC Bylaws & regulations
to railway premises |
Binding |
Y |
Eccles v Kirk |
TPCA 1847, S38 |
[1949] 1 All ER 428 |
HCV PLATES- WHAT MUST BE DISPLAYED
ON |
HCV PLATES:HELD: Must state Hackney
Carriage & give seating capacity |
Binding |
Y |
Eldridge v British Airports
Authority |
LHCA 1831, S31 |
[1970] RTR 270 |
STANDING FOR HIRE |
Defined as more than merely parked
but akin to waiting |
Binding |
Y |
Elliott v Grey |
Road Traffic Act 1930,S35,1 [NOW
s143, RTA 1988 |
[1959] 3 All ER 733 |
USE ON A ROAD |
Defined as having had the use
of on a road. A vehicle which could be moved(even engineless)
was used and a charge of no insurance was found proven |
Binding |
Y |
Evans v Dell |
RTA 1934, S25(1) |
[1973] 1 All ER 349 |
PERMIT |
Held that Owners of vehicles
cannot shut their eyes to plain facts.An owner with no knowledge
of improper use cannot be found guilty unless mens rea proved. |
Binding |
Y |
Ferrymasters v Adams |
|
[1980] Crim LR 187 |
PERMIT |
An owner was liable for permitting
unlicensed driver if he had failed to set up a system of reasonable
checks to ensure was licensed |
Binding |
Y |
Foinett v Clark |
MPCA 1869, S7 |
[1878] 41 JP 359 |
PLYING FOR HIRE |
Where an owner of Broughams hired
land from a rail Company and had them available upon application
a plying for hire had occurred as the vehicle was exposed
in view |
Binding |
Y |
Gaumont British Distributors
v Henry |
DMPPA,1925,S1,a |
[1939] 2All ER 808 |
KNOWINGLY |
Defined in relation to offences.
May be of use in backing up more direct cases. |
Persuasive |
Y |
Ghafoor & others
v Wakefield MBC |
TPCA1847, S37+ TA1985, S16 |
[1990] RTR 389 |
UNMET DEMAND FOR HCV's |
HELD: 1) Council must issue if
unsure of demand; 2) A Council can inform itself on demand;
3) Council to prove no unmet demand to civil standard |
Binding |
Y |
Gilbert v McKay |
MPCA 1869, S7 |
[1946] 1 All ER 458 |
PLYING FOR HIRE |
Where vehicles ranked up adjacent
to an office & people paid within the office & then
took passengers a "Plying for Hire" had occurred. See also
VANT v CRIPPS |
Binding |
Y |
Goodman v Searle |
LHCA 1853 |
[1947] 2 All ER 318 DC |
PRESCRIBED DISTANCE HCV's |
HELD Tariff of Fares only applicable
if not past P.D. After that can agree rate for job. |
Binding |
Y |
Hallett Silberman Ltd
v Cheshire C.C. |
S42 RTA 1988[Con & Use Regs] |
[1993] RTR32, Times Law Reports
[9/6/92] |
USER OF VEHICLE |
Where company employs self employed
driver then Company may be regarded as USER of the vehicle
and prosecuted accordingly. |
Binding |
Y |
Hawkins v Edwards |
TPCA 1847, S38 |
[1901] 65 J.P. 423 (Justice of
the Peace) |
HACKNEY CARRIAGE definition |
Definition of HCV as a vehicle
used for standing or plying from time to time not necessarily
at instant of offence. |
Binding |
Y |
Hawkins v Edwards |
TPCA 1847, S38 |
[1901] 65 J.P. 423 (Justice of
the Peace) |
HACKNEY CARRIAGE PLATE DISPLAY |
PLATE MUST BE DISPLAYED FOR WHOLE
OF LICENCE PERIOD |
Binding |
Y |
Holmes v Sefton |
TA 1985 |
A19990450, L'pool Crown Ct, 29th
Feb 2000 |
UNMET DEMAND |
Burden falls on local authority
to prove an unmet demand and a survey over 5 years old is
probably unsafe to rely on. Recommended a survey be donne & consider
rather than a knee jerk derestriction of numbers |
Persuasive |
Y |
House & Others v
Reynolds (Streamline Taxis Southampton) |
TPCA 1847, S55,S58 |
[1977] RTR 135 |
BOOKING FEES FOR HCV's OUTSIDE
LONDON |
Firm making bookings for Hackney
Carriage CANNOT charge a booking fee over and above the tariff
unless the tariff permits such a fee. |
Binding |
Y |
Hulin v Cook and another |
TPCA1847 Ss 37,45,68, & BR
Byelaw 22(2)(c) |
[1977] RTR 345 |
HCV ON RAIL PREMISES |
HELD 1) An offence committed
if plied for hire without licence and: 2) Any HC plying on
Railway Premises needed a Local Authority licence and permission
from British Rail under byelaw. |
Binding |
Y |
Hunt v Morgan |
Lon.HCA 1853,Ss 7+17(2) |
[1948] 2 All ER 1065 |
HACKNEY CARRIAGE REFUSING TO
BE HIRED |
Driver of Hackney Carriage can
only commit offence of refusing if on a rank or stationary
and exhibited to Public. Whilst mobile cannot commit as not
in "place". |
Binding |
Y |
Information Commissioner
v Islington LBC |
DPA 1984 , S5 |
[2002] Times Law Reports, 3rd
June |
DATA REGISTRATION |
If a Council used data for which
the Data Registration had expired then the Council was liable
for the offence even if the officer concerned was reckless
or unknowing of the registration having expired. |
Binding |
Y |
John v Humphreys |
RTA 1930, (now RTA 1988) |
[1955] 1 All ER 793 |
POSSESSION OF LICENCE-PROOF |
The burden of proof for the possession
of a licence is for defendant to prove as was within his own
knowledge. |
Binding |
Y |
Kelly and Another v Wirral
MBC |
TPCA 1847, S38, Trans.Act 1980,
S15 |
[1996] Times Law Report 13th
May |
UNMET DEMAND FOR HCV's |
HELD:1) Court can determine demand
or remit to Council; 2)Failure to determine gives right of
appeal, procedural delay may not; |
Binding |
Y |
Khan v Evans |
TPCA1847, S45 & BR Byelaw
2(2)/22(c) |
[1984] RTR 33 |
HCV ON RAIL PREMISES |
If a cab on a street answered
a flag on rail premises the contract was made on rail premises
an permission under Rail Byelaw 22(c) was required as well
as S38 TPCA licence. |
Binding |
Y |
Kingston Upon Hull CC
v Wilson |
LG(MP)A1976, s46(1)(a) |
CO-1249-95 QBD HIGH COURT, 29TH
JUNE 1995 |
DUAL LICENSING |
HCV licensed in one area could
be a PHV licensed in another area.S80 looks at the function
of a carriage not its inherent identity. |
Binding |
Y |
Kingston Upon Hull CC
v Wilson |
LG(MP)A1976, s46(1)(a) |
CO-1249-95 QBD HIGH COURT, 29TH
JUNE 1995 |
OPERATOR DIVERTING CALLS |
Held that an Operators licence
at one premises did not entitle a telephone diversion to another.
Operating at the 2nd premises needed to be licensed also |
Binding |
Y |
Kingston Upon Hull CC
v Wilson |
LG(MP)A1976, s46(1)(a) |
CO-1249-95 QBD HIGH COURT, 29TH
JUNE 1995 |
PROOF OF ADOPTION OF 1976 ACT |
Held that where a Council did
not formally prove that it was a controlled district then
a submission of "no case to answer" would succeed |
Binding |
Y |
Latif v Middlesborough
Council |
LG[MP]A 1976, Ss 46,51 |
CO/4452/96 |
KNOWINGLY |
Defined what constitutes "knowingly" for
the purposes of the 1976 Act |
Binding |
Y |
Leeds C.C. v Azam & another |
LG(MP) a 1976, S75(1) |
[1989] RTR 67 |
EXEMPTION-BURDEN OF PROOF |
EXEMPTIONS:HELD: where a persons
defence relies upon a statutory exemption the burden of bringing
the defendant within that exemption falls upon the defendant & not
the prosecution |
Binding |
Y |
Leeds C.C. v Hussain |
LG[MP] 1976, Ss 60,61 |
BLD 2405021959, Admin Ct. 23/05/2002 |
SUSPENSION OF LICENCES |
HELD: 1) That there was no need
for a finding of guilt before a suspension on grounds of pending
assault charges 2) Hearsay evidence was admissible in supensions
on "reasonable cause" grounds 3) The impact on a drivers livelihood
if he were eventually acquitted should not properly be taken
into account as an authority had to consider the effect on
the travelling public of his continued working pending trial. |
Binding |
Y |
Levinson v Powell |
LHCA 1853 |
[1967] 3 All ER 796 |
CAB LEFT UNATTENDED DELIVERING
PARCEL |
A cab was a dual purpose and
not a "goods vehicle" and could not therefore avail itself
of an exemption for goods vehicles loading and unloading |
Persuasive |
Y |
Liverpool C.C. v Worthington & Others |
Mag.Cts.Act 1980, S111(3) |
[1998] Times Law Reports , 16th
June 1998 |
APPEAL-TIME LIMITS |
21 days for appeal calculated
from last action ie costs hearing etc. (High Ct) |
Binding |
Y |
Liverpool C.C. v Kelly |
LG[MP] 1976, S70 |
Lawtel 20/02/03 AC104566 Case
A2/2002/1686 (Court of Appeal) |
CHARGES-TESTING VEHICLES FOR
FITNESS TO LICENCE |
A Council could charge for testing
vehicles prior to licensing even if the vehicles failed and
were not licensed. Fees could be resolved as 1st Inspection
+ "Pass" inspection + final licence fee to produce a total
fee. |
Binding |
Y |
Lloyd v Singleton |
Road Traffic Act 1930,S35,1 [NOW
s143, RTA 1988 |
[1953] 1 All ER 291 |
PERMITTING NO INSURANCE |
HELD:A person other than the
owner of a vehicle could permit no insurance if he was de
facto in charge of the vehicle and permitted its use whilst
uninsured |
Binding |
Y |
London Borough of Islington
v Panico |
ALL ACTS |
[1973] 3 All ER 485 |
EXEMPTION-BURDEN OF PROOF |
Onus on defendant to prove exemption
applies to him/her (see also Leeds CC & Pitts v Lewis) |
Binding |
Y |
Lyons v Denscombe |
RTA 1930 S6(1) |
[1949] 1 All ER 977 |
PLYING FOR HIRE |
Definition given for both plying
for hire and private hire vehicle |
Persuasive |
Y |
Mallon and Another V
Allon |
B & GA,1960,S5 |
[1963] 3 All ER 843 |
KNOWLEDGE- BURDEN OF PROOF |
KNOWLEDGE;HELD:Knowledge can
include a deliberate shutting of one's eyes to a situation
as well as the more obvious actual knowledge. It is for the
prosecution to prove "knowledge" in each case |
Binding |
Y |
Mc Carthy & Stone
(Developments) v Richmond on Thames LBC |
LGA 1972, S111 (LG(Records)A
1962) |
[1991] 4 All ER 897 (House of
Lords) |
FEES AND CHARGES |
Councils could charge for matters
incidental or conducive to duties but not for pre-application
advice. General rule is that an Act must gve the right to
charge before a charge may be levied. |
Binding |
Y |
Mc Kenzie v DPP |
RTOA 1984 |
[1997] RTR 175 |
LOADING WITHIN ROAD TRAFFIC RESTRICTION |
A cab could wait only so long
as to pick up or drop off passengers within A DOUBLE WHITE
LINE SYSTEM. Any further delay constitutes an offence |
Binding |
Y |
McCool v Rushcliffe B.C. |
LG(MP) A 1976 S51(1) [+59(1) |
[1998] 3 All ER 889 |
APPEALS - HEARSAY ON ACQUITTALS
CAN BE RELEVANT |
Civil burden of proof required
and pertinent hearsay could be considered if appropriate.
Evidence of appelant lying in criminal proceedings could be
relevant. |
Binding |
Y |
Middlesborough Council
v Safeer & others |
RTA 1988, S143+ LGA1972, S222 |
CO/397/2001 High Court, 26th
June 2001 |
RIGHT OF COUNCILS TO PROSECUTE |
held: Councils could prosecute
for Road Traffic matters including No insurance [in10] offences
if in interests of the inhabitants of area. RTOA did not prevent
this. |
Binding |
Y |
Milton Keynes BC v Paul
Barry |
TPCA 1847, S45 |
CO/1348/83 QBD High Court 3rd
July 1984 |
PLYING FOR HIRE |
A Private Hire car which, on
completing its journey remained in close proximity to a hackney
carriage stand was clearly plying for hire when it remained
for more than two or three minutes |
Persuasive |
Y |
Montgomery v Loney |
|
[1959] NI 171 |
ROAD |
Defined so as to include a Petrol
Station Forecourt as a road or other public place. Public
had access albeit that only those wishing to do business there
did so. |
Persuasive |
N |
Moran v Sefton MBC |
LG(MP)A 1976, S51+59 |
Liverpool Crown Case A98 0588/
4/2/1999/ Judge MacKay |
FIT & PROPER-DETERMINATION
OF APPLICATIONS |
A Council with a fair policy
which permitted discretion and individual consideration was
correct in refusing a person due to convictions. A Council
which did not so do was at fault & remiss. |
Persuasive |
Y |
Mumford v Hardy |
RTA 1988 , S143 |
[1956] 1 All ER 337 |
INSURANCE |
HELD: An offence will still be
committed even if the insurance company accepts liability
on a mistaken view of the law relating to that policy |
Binding |
Y |
Murtagh & Carter
(T/A Rubery Rednal Cars) v Bromsgrove D.C. |
LG(MP) A 1976 S46 |
LTL 18/10/99 Extempore Doc.C9300212
DC (Kennedy LJ V-P, Jowitt J) 15/10/99 |
OPERATE DEFINED RELATING TO FREEPHONES
IN OTHER AREAS |
HELD: An Operator licensed in
one district could not install dedicated freephones in another
district without falling foul of S46 of the 1976 Act. NOTE.IN
THE JUDGEMENT IT WAS COMMENTED THAT THIS WAS THE LAW BUT THAT
IT COULD NOT HAVE BEEN PARLIAMENTS INTENT AND IT SHOULD BE
REFERRED TO THE LEGISLATORS FOR AMENDMENT |
Binding |
Y |
Nagy v Weston |
Highways Act, 1959, S121 |
[1965] 1 All ER 96 |
OBSTRUCTION |
Held: requires proof of unreasonableness
and depends on circumstances |
Binding |
Y |
Nicholls v Brentwood
Justices |
Interpretation.A 1980 |
[1991] 3 All ER 359 |
STATUTORY INTERPRETATION AS TO
GENDER AND PLURALITY |
S6 of the IA 1980 means singular
includes plural AND VICE VERSA unless the legislation clearly
states otherwise |
Binding |
Y |
Nottingham C.C. v Amin |
TPCA 1847, S45 & PACE 1984,
S78 |
[1999]BOS Off.Transcripts |
ENTRAPMENT |
HELD- Exclusion of evidence is
only OK if prevents fair trial-If merely provides opportunity
which is taken up evidence MAY BE fairly obtained dependent
on circumstances |
Binding |
Y |
Nottingham C.C. v Farooq |
LG(MP) A 1976 S51 |
Licensing Bulletin, April 1999 |
FIT & PROPER PERSON |
HELD: False ly omitting convictions
from an application can constitute a person as not fit and
proper and thus allow a Council to refuse/revoke. |
Binding |
Y |
Nottingham C.C. v Woodings |
TPCA 1847, Ss 37-45 |
[1994] RTR 72 |
PLYING FOR HIRE |
Once driver has by pro active
conduct indicated he will take unbooked fare then is plying
for hire. By merely standing at roadside he is not. Use of
Agent Provocateur approved. |
Binding |
Y |
O'Toole v Scott |
Mag.Ct.Act 1952(NOW 1980) |
[1965] 2 All ER 240 (PRIVY COUNCIL) |
APPEARANCE IN PROCEEDINGS |
A Magistrate has discretion to
allow anyone to conduct a case if it is in the interests of
Natural Justice for the case to proceed. |
Binding |
Y |
Philcox v Carberry |
RTA 1930 S35 [now the RTA 1988
S143] |
[1960] Criminal Law Review.563[QBD] |
INSURANCE-BURDEN OF PROOF |
HELD. The onus was on a defendant
to prove he was insured & not on the prosecution to prove
he was not |
Binding |
Y |
Phipps v Mc Cormick |
RTA1960 S241(2)(c) |
[1972] RTR 21 |
SERVICE OF NOTICES |
HELD: Notices of intended prosecution
should be delivered to usual last known address being an address
with some degree of permanence. NB The address will vary according
to circumstances. |
Binding |
Y |
Pitts v Lewis |
LG(MP) a 1976, S75(1) |
[1989] RTR 71, DC |
CONTRACT |
Defined as "Contract for 7 days
means available for all 7 days". Vehicle must be identified
in "contract" & not substituted. |
Binding |
Y |
Powell v May |
BYELAWS |
[1946] 1 All ER 444 DC |
VALIDITY OF BYELAWS |
Will be held repugnant if contrary
to the general law of the land |
Binding |
Y |
Provincial Motor Cab
Co v Dunning |
|
[1909] 73 JP 387 |
USING WITH DEFECTS |
HELD: Rust etc points to lack
of maintenance despite systems for checking & should be
considered by Bench in proceedings. |
Binding |
N |
R [Westminster CC] v
Parking Adjudicator |
RTA 1991 |
[2002] Times Law Reports 22nd
May |
DECRIMINALISED PARKING APPEALS |
The Parking Adjudicator cannot
discount multiple penalties by first taking into account mitigating
circumstances |
Binding |
Y |
R v Assistant Commissioner
Metroplitan Police ex parte Malcolm Lubin |
Transport Act 1985, S17 |
[1999] EWHC Admin 398 |
APPEAL ON THE SUSPENSION AND
REVOCATION OF [LONDON] HACKNEY CAB DRIVERS LICENCES |
If an applicant, with notice,
fails to appeal within the time allowed by default of himself
or his advisers he cannot then usually obtain Judicial Review
of the decision on the grounds of procedural impropriety or
error by the other party. |
Persuasive |
Y |
R v Asst. Commissioner
Metropolitan Police ex parte Howell |
London Cab Order 1934 |
[1986] RTR 52 |
APPLICATION OF NATURAL JUSTICE
TO RENEWALS |
HELD: That natural justice applied
and applicant should be able to make representations before
final decision to refuse to grant was made. |
Binding |
Y |
R v Asst. Commissioner
Metropolitan Police ex parte Lubin |
London Cab Order 1934 |
[1999] EWHC Admin 398 CO/2600/98 |
APPLICATION OF NATURAL JUSTICE
TO REVOCATIONS OF LICENCE |
HELD: That natural justice applied
and applicant should be able to make representations before
final decision to refuse to grant was made. If failed to take
up opportunity or procedurally failed to comply then revocation
could be upheld |
Binding |
Y |
R v Banaster |
Theft Act 1968 S15(1)(4) |
[1979] RTR 113 |
DECEPTION AS TO FARE |
Where a minicab driver(or HC
Driver) implied a status or set fare was correct (by deception)
then he had committed the theft offence |
Binding |
Y |
R v Bayliss |
PACE 1984, S67(9) |
[1993] 157 JP 1062 |
INVESTIGATING OFFICERS TO FOLLOW
PACE |
Codes of Practice:HELD: Codes
of Practice to be folowed by persons charged with investigating
offences. Not just under Statutory Duties but including Store
Detectives etc under contract or similar |
Binding |
Y |
R v Bedford BC |
Local Govt. Act 1972, S101 powers & libels |
2 All ER 456 [2003] |
POWER OF COUNCILS TO INDEMNIFY
OFFICERS LEGAL COSTS WHEN OFFICERS LIBELLED |
HELD: A Council could indemnify
officers for the cost of prosecuting libels against them which
would otherwise ruin their careers etc so long as it was the
officer's reputations and NOT the Councils that were being
protected. |
Binding |
Y |
R v Blackpool BC ex parte
Red Cabs Taxis Ltd |
LG(MP)A 1976 S48(2)(7), 51(2),
S55(3), S77 |
[1994] RTR 402 |
IMPOSING CONDITIONS- Natural
Justice requirements |
If a Council imposed conditions
on one group of traders at the behest of a rival group then
the decision was flawed and should be challenged via the Magistrates
Court. This is as it created an apparent injustice to one
group ONLY. |
Binding |
Y |
R v Brighton BC ex parte
BUNCH DG and others |
TPCA 1847, S37-38 |
CO/192/88 |
UNMET DEMAND |
HELD:Demand related to demand
for only those services that a hackney carriage could provide
and must be a broad approach view over the whole week of work |
Binding |
Y |
R v Brighton Corporation,
ex parte Thomas Tilling Ltd |
TPCA 1847, S37-38 |
Law Journal (KB) Vol.85, Pg 1552 |
DECISIONS-NATURAL JUSTICE |
Councils may only have regard
to pertinent matters & must not include extraneous matters
in deciding upon fitness to grant licences. |
Binding |
N |
R v Callender |
Theft Act 1968 |
[1992] 3 All ER CA |
EMPLOYED |
A self employed contractor can
be employed by via a contractual arrangement. If makes false
claims as to status then can dishonestly obtain pecuniary
advantage by deception |
Binding |
Y |
R v Cambridge CC ex parte
Simon Lane |
TPCA 1847-1889 |
[1998]EWCA Civ 1202 13th July
1998 |
TRISHAW DEEMED TO BE OMNIBUS |
HELD: That a trishaw service
operated for hire on restricted routes let for hire at separate
fares fell within the "omnibus" legislation of the TPCA 1889. |
Binding |
Y |
R v Chief Constables
of C & D ex parte A |
Data Protection Act 1998 |
Times 07/11/00 (Judgement 25/10/2000) |
DISCLOSURE OF SENSITIVE SUBJECT
DATA |
HELD: Police forces could in
child access cases exchange non conviction information and
could also pass this on to a Local Authority with a lawful
interest without acting illegally. |
Binding |
Y |
R v Clarke |
Road Safety Act,1967 now the
RTA 1988 as amended |
[1969] 2 All ER 1008 |
REFUSING SPECIMEN ON REQUEST |
Defines the rules re requesting & refusing
specimens and also the relevant burden of proof |
Binding |
Y |
R v Doncaster MBC ex
parte Allen David Heath |
LG[MP]A 1976, S55 |
CO/983/2000, 16th October 2000 |
OPERATE HACKNEY CARRIAGES |
Held that no Operators licence
is needed to use hackney carriages on prebooked school contract
work [see distinguished case of Franklyn v Carter] |
Binding |
Y |
R v Franklyn & Carter |
LG(MP)A1976 S55 |
Crown Court Transcript |
OPERATOR LICENCE |
HELD:To operate Hackney Carriages
as Private Hire Vehicles requires S55 Licence [Distinguished
in R v Doncaster MBC] |
Persuasive |
Y |
R v Governor of Brockhill
Prison ex parte Evans (No 2) |
HIGH COURT DECLARATIONS OF LAW |
Times Law Reports [C.A.] 6-Jul-1998 |
RULE OF PRECEDENT-Stare Decisis |
PRECEDENT:HELD: Where a Court
of record decides the law then until over-ruled by a Higher
Court that is the law and applies even to cases which commenced
before that judgement was given ( i.e retrospective) |
Binding |
Y |
R v Gowland-Wynn |
CJPOA 1994, S34 |
[2001] The Times Law Report,
7th December, CA |
ACCUSED FAILING TO COMMENT @
INTERVIEW |
Held by LCJ Woolf that a judge
could properly draw the jury's attention to the accused's
silence if the silence clearly affected something that the
defence later relied on-[new style PACE caution and the effect
thereof] |
Binding |
Y |
R v Great Western Trains
Co Ltd ex parte Frederick |
S45 TPCA 1847 & S76 PHA 1925 |
[1997] EWHC Admin 482 CO-1325-97 |
PLYING FOR HIRE ON RAILWAY PREMISES-
RESTRICTIVE FRANCHISE SET UP |
HELD: Rail company could set
up franchise to sole provider if all other rules natural justice
complied with so no unfulfilled expectations created by lack
of consultation |
Binding |
Y |
R v Great Yarmouth B.C.
ex parte Sawyer |
TPCA 1847, S37-38 |
[1989] RTR 297, C.A. |
UNMET DEMAND FOR HCV's |
1) If sure no unmet demand
for the services of HCV's may refuse to issue more licences.2)
If unsure of demand may derestrict & disregard demand;3)
May also compare its area to other local authorities in
reaching decision. |
Binding |
Y |
R v Hyndburn B C ex parte
Rauf & Kasim |
LG(MP)A 1976, S48 |
CO/1799/91 + CO/1830/91 (see
also DOT Circular 8/86 Para.26) |
POLICY-MUST ALLOW CASE ON MERIT
CONSIDERATION |
Whilst a Council may have a policy
they must not fetter their discretion absolutely & must
consider each application on its merits |
Binding |
Y |
R v Liverpool Corporation
ex parte L. Taxi Fleet Operators Assoc. |
TPCA 1847, S37-38 |
[1972] 2 QB, Pg299 |
UNMET DEMAND FOR HCV's |
HELD: Court must consider rights
of both current & future licence holders when considering
plate issues.Natural Justice applies. See Shanahan & Hughes
v Sefton |
Binding |
Y |
R v Looseley, AG Ref
No. 3 of 2000 |
TPCA 1847, S45 & PACE 1984,
S78 |
[2001) Times Law Reports, October
29th, House of Lords |
ENTRAPMENT |
Held: That if an enforcement
officer did no more than offer an opportunity to offend in
the same way as a member of public could have then it could
be lawful. Specifically approved the decision in Nottingham
City Council v Amin [2000 WLR 1071] |
Binding |
Y |
R v Lowe |
S51 & S59 LG(MP)A 1976 |
[1997] EWCA Crim 697 No. 9700758
X4 |
FAILING TO NOTIFY OF MEDICAL
CONDITION & THEREAFTER INVOLVED IN ACCIDENT |
Held: An epileptic driver who
drove against medical advice as a taxi driver was bound to
receive a custodial sentence if death or serious injury resulted
from his actions |
Persuasive |
Y |
R v Mallett |
Theft Act 1968,S17 |
[1978] 3 All ER 10 |
FALSE IN A MATERIAL PARTICULAR |
If information was given about
a person in order to obtain an advantage then if false it
would be "false in a material particular". In certain cases
evidence of why a fact was material might be required. |
Binding |
Y |
R v Manchester C.C. ex
parte King |
LG(MP)A 1982, Sch4 para(9)1 |
[1991] LGR 696(QBD) |
FEES-LIMITS ON RAISING AND DISPOSAL
OF |
FEES:HELD: Street trading fees
could only be to cover costs and NOT for creation of income
to Council over expenditure costs of enforcement etc. Wording
of the LG(MP)A 1976 is as restrictive as that of the LG(MP)A
1982. |
Binding |
Y |
R v Manchester C.C. ex
parte Reid |
LG(MP) A 1976, S47 |
[1989] RTR 285 |
HACKNEY CARRIAGE WHEELCHAIR CONDITION |
HELD: A Council could issue more
licences to only W/Chair access cabs if it allowed existing
holders not to fall within as their licence was devalued by
new issue R v Manchester City Justices ex parte McHugh |
Binding |
Y |
R v Manchester City Justices
ex parte McHugh |
TPCA 1847, S37-38 |
[1989] RTR 285 |
HACKNEY CARRIAGE WHEELCHAIR CONDITION |
HACKNEY LICENCES: HELD: A Council
could issue more licences to only W/Chair access cabs if it
allowed existing holders not to fall within as their licence
was devalued by new issue R v Manchester C.C. ex parte Reid |
Binding |
Y |
R v Metropolitan Police
Commisioner ex parte Phillips |
LCO 1934 P30(1) |
[1987] Local Govt. Review Pg
983 |
APPLICATION OF NATURAL JUSTICE
TO REVOCATIONS |
HELD: Natural Justice applies
before removing or revoking any persons livelihood. Must be
given chance to make representations and be given reason for
action taken. |
Binding |
Y |
R v Morris |
Road Safety Act 1960 |
[1972] 1 All ER 384 |
ACCIDENT |
Defined: An unintended occurrence
which had an adverse physical result. A deliberate act can
nevertheless have unintended and "accidental" results |
Binding |
Y |
R v Newcastle CC ex parte
Blake |
S37 TPCA 1847 & S16 TA 1985 |
[1997] EWHC Admin 162 CO/470/97 |
DEREGULATION OF HACKNEY NUMBERS
AND INSISTENCE ON WHEELCHAIR CABS |
Held: Council can disregard demand
and can allow "old" licences "lead in time" whilst insisting
all new licences are accessible |
Binding |
Y |
R v Newcastle JJ ex parte
Bryce |
Mag.Ct.Act1980, S104 and Con & Use
Regs. |
[1976] RTR 325 |
VARYING INFORMATIONS BEFORE A
COURT |
A Bench can vary /substitute
an information after expiry period but prosecution cannot
expect them to do so. |
Binding |
Y |
R v Newcastle JJ ex parte
Bryce |
Mag.Ct.Act1980, S104 and Con & Use
Regs. |
[1976] RTR 325 |
USE OF VEHICLE |
Companies can "use" a vehicle. |
Binding |
Y |
R v North Devon DC ex
parte North Devon Hackney Carriage Owners Association |
S16 Transport Act 1985/ S37 TPCA
1847 |
COD CO/3039/98 26th May 1999
Mr Justice Moses |
DEREGULATION OF HACKNEY NUMBERS-
CHALLENGE THERETO |
Unless a Council is sure that
there is no unmet demand then it must not refuse a licence
other than to delay so as to do a survey to assess demand
and act appropriately |
Binding |
Y |
R v Nottingham CC ex
parte Howitt |
S51 & S59 LG(MP)A 1976 |
[1999] EWHC Admin 498 CO 4028/98 |
REVOCATION OF LICENCES-POLICIES
FETTERING DISCRETION |
Held: A policy can be appropriate
if each case treated on merits and the policy does not unreasonably
fetter the discretion |
Binding |
Y |
R v Oxfordshire County
Council ex parte Measor |
|
[1997] EWHC Admin 634 CO/4139/96 |
BUS LANES-EXCLUSION OF TAXIS
POLICY |
Held: A policy excluding taxis
may be appropriate even if different forms of public transport
are thereby treated in dissimilar ways |
Binding |
Y |
R v Reading B.C ex parte
Egan (& ex parte Sullman) |
TPCA 1847, S37-38 |
[1987] RTR 399 |
UNMET DEMAND FOR HCV's |
HELD: If a Council is unsure
of unmet demand then it IS OBLIGED to issue licences without
limit to suitable vehicles. CERTIORARI GRANTED. |
Binding |
Y |
R v Sang |
PACE 1984, S78 |
[1979] 2 All ER, 1222 House of
Lords |
ENTRAPMENT |
HELD- Entrapment does not exist
as a defence in English law but a judge can exclude evidence
if an officer incites the offence rather than offering a chance
to offend |
Binding |
Y |
R v Scott |
|
[1921] 86 JP 69 |
EXEMPTION-BURDEN OF PROOF |
HELD: Proving that a person holds
a valid licence rests with that person & NOT the prosecution |
Binding |
N |
R v Sec. State Environment,
Transport & Regions & Heathrow Airport ex parte
Scott & others |
Byelaws Generally |
[1999] EWHC Admin 281 CO/3838/98 |
BYELAWS-JUDICIAL REVIEW APPLICATION |
HELD: Providing Byelaws did not
exceed the powers given in the parent Act they should not
be challenged as to validity even if they thereby create an
offence with a greater penalty than that within another Act
of Parliament. |
Binding |
Y |
R v Sec. State, Transport
Local Govt & Regions ex parte Snowdon |
S2(1) RTA 1988 |
[2002] EWHC 2394 (Admin) CO/2301/2002 |
REFUSAL OF LICENCE TO BUS DRIVER
CONVICTED OF SEXUAL OFFENCES |
HELD: Even though a bus driver
was not an excepted person (as taxi/PHV drivers now are) it
could still be right to refuse a licence to convicted sex
offenders by considering the grant of a licence to be incompatible
with protecting the public. |
Binding |
Y |
R v Shrewsbury County
Council ex parte Borough of Telford & Wrekin |
Costs orders against Councils |
Lawtel [2003] QBD Admin Ct AC9400073 |
COSTS AWARDED AGAINST COUNCIL
IN APPEAL CASES |
HELD: The Crown Court erred in
making an order for costs when a Council acted reasonably
within its powers on the state of the law/ DVLA advice at
the time. Costs should only be awarded where the Council had
acted arbitrarily or unreasonably . [see also Bradford DC
v Booth (2000) COD 338] |
Binding |
Y |
R v Southampton ex parte
Lankford |
TPCA 1847, S37-38 |
27th October 1960, High Court |
DECISIONS-NATURAL JUSTICE |
Councils may only have regard
to pertinent matters & must not include extraneous matters
in deciding upon fitness to grant licences. |
Binding |
Y |
R v Swansea City & County
Councils ex parte Jones |
TPCA 1847, S37-38 & S16 TA
1985 |
[1996] EWHC Admin 290 CO/3187/95 |
REFUSAL OF HACKNEY CARRIAGE VEHICLE
LICENCE |
Held: A policy can be appropriate
if each case treated on merits and the policy does not unreasonably
fetter the discretion of the Council. Councils can set harsh
limits so as to achieve a good standard of service. |
Binding |
Y |
R V Wear Valley DC ex
parte Binks |
LICENSING IN GENERAL |
[1985] 2 All ER 699 (QBD) |
APPLICATION OF NATURAL JUSTICE
TO REVOCATIONS |
Natural Justice applies before
removing revoking any persons livelihood. Must be given chance
to make representations and be given reason for action taken. |
Binding |
Y |
R v Weymouth B.C. ex
parte Teletax (Weymouth) Ltd |
TPCA 1847, S37-38 |
[1947] 1 All ER 779 |
TRANSFER OF HCV's |
HELD:1) If HC vehicle transferred
then not obliged to renew to new owner if he has leap-frogged
system. 2) MAY relicense if wishes but may also refuse if
deemed appropriate |
Binding |
Y |
R v William Gadson |
OAPA 1861 |
[1998] EWCA Crim 878 No. 9800458/W4 |
ASSAULT BY LICENSED DRIVER OUTSIDE
OF WORK |
Held. In determining the length
of imprisonment the Judge here regarded the revocation of
his licence to be appropriate and considered it to be a serious
penalty in addition to the imprisonment |
Persuasive |
Y |
Reading BC v Ahmad |
LG(MP)A 1976, S46(2) |
Times 4/12/98 |
DRIVING PV WITHOUT DRIVERS LICENCE-
STANDARD OF PROOF |
HELD: Council must prove 3 things:
1) driver knew it was controlled district, 2) car was licensed
PHV, 3) he knew he was not holding a S51 drivers licence.THE
PRESENT USE WAS IMMATERIAL See also Benson v Boyce |
Binding |
Y |
Roberts v Warne |
S143 RTA 1988 |
[1973] RTR 217 |
INSURANCE |
HELD: If there is no insurance
policy for a vehicle then any other contractual rights between
parties cannot remedy the defect of no insurance |
Binding |
N |
Robertson v Bannister |
ALL ACTS |
[1973] RTR 109 |
BURDEN OF PROOF |
HELD If matter at hand is particularily
within knowledge of defendant then it is for him/her to prove
exemption. |
Binding |
Y |
Rodgers v Taylor |
RTRA 1984, S5(1) |
[1987] RTR 86 |
CAB RANKS |
HELD An unattended HCV on a stand
commits an offence if parked thereon for any other reason
than plying /standing for hire |
Binding |
Y |
Rose v Welbeck Motors |
MPCA1869, S7 |
[1962] 2 All ER 801 |
PLYING FOR HIRE |
by minicab with signs & aerial
@ bus turn round [CASE PROVED] |
Binding |
Y |
Rout v Swallow Hotels |
PPVA 1981 S1(5) |
[1993] RTR 80 |
HIRE & REWARD |
HELD:If provided as part of contract
whether used or not a vehicle was part of the service and
as such was for hire & reward on behalf of hotel |
Binding |
Y |
Royal Borough of Windsor & Maidenhead
v Mahoob Khan |
LG(MP) A 1976, S46(1)(d) |
[1994] RTR 87 |
MAKE PROVISION FOR |
DEFINED RELATING TO: (i) a vehicle
is used in another district and (ii) where an advertisement
is displayed in another district. HELD: Operate relates to
where bookings recorded not where received from. |
Binding |
Y |
Royden v Wirral MBC |
S37 TPCA 1847, S16 TA 1985 |
CO/2348/2002 |
HACKNEY CARRIAGES-NUMERICAL DEREGULATION
(in light of European Caselaw) |
A Council that decided to derestrict
could do so if it considered all relevant factors without
breaching article 1 of the First Protocol of the Human Rights
Convention |
Binding |
Y |
Rushmoor B.C and ABC
Cabs Camberley Ltd (known as ABC CABS CASE) |
LG(MP) A 1976, S46(1)(a + d) |
[1981] |
OPERATE |
HELD: defined strictly. S80(2)
relates to licence & not vehicle licence |
Binding |
Y |
Sagnata Investments Ltd
v Norwich Corporation |
Bett.Gam.Lottery Act 1963 |
[1971] 2QB, 614 |
APPEALS |
To be heard "De Novo" as a complete
rehearing of the case in order to satisfy natural justice[see
also Darlington B.C v Wakefield] |
Binding |
N |
Sales v Lake |
MPCA1869, S7 |
[1922] 1 KB 553 |
PLYING FOR HIRE |
A prebooked charabanc which only
picked up ticket holders from various places (and who had
prebooked) did not ply for hire |
Binding |
Y |
Sandy v Martin |
RTA 1988 (RTA 1972) |
[1974] RTR 263 |
PUBLIC PLACE |
Held that a Pub Car park was
a public place whilst open but ceased to be so shortly after
closing time. |
Binding |
Y |
Shanahan & Hughes
v Sefton MBC |
TPCA 1847, S37-38 |
UNREPORTED 4th July 1980 Hgh
Ct, Liverpool |
DECISIONS-NATURAL JUSTICE |
If all parties heard and decision
on Policy is fairly reached, but against a party, no relief
will lie in the High Ct. If however unfair or irrelevant matters
considered then the courts WILL intervene |
Binding |
Y |
Solihull MBC v Silverline
Cars |
LG(MP) a 1976, Ss 48(1-7) + 75(3) |
[1989] RTR 142 |
LICENCE PLATES-METHOD AND WHEN
REQUIRED TO BE DISPLAYED |
HELD 1) Design of plate cannot
be considered on appeal; 2) Plate always to be displayed unless
exempted by notice under S75(3) and; 3) Nature of business
of proprietor irrelevant in an appeal against a condition
re plate display |
Binding |
Y |
Solomon v Burbridge |
Reg 89 con & use 1955 |
[1956] QBD (Lord Chief Justices
decision) |
OBSTRUCTION-IN A LINE OF VEHICLES |
HELD: If you leave a car parked
for (in this case 5.25 hours) in a line of vehicles you can
be prosecuted even if others are not. The length of time can
denote whether the obstruction was unnecessary or necessary |
Binding |
Y |
St Albans D.C. v Taylor |
LG(MP) A 1976, S46(1)(d) |
[1991] RTR 400 |
OPERATE |
As per S80(1) LGMPA 1976 if an
operator provided an unlicensed vehicle & driver in order
to retain goodwill then there was a hire and reward and operate
should be construed accordingly. |
Binding |
Y |
Stepney BC v Joffe & Others |
LCC(Gen.Powers)Act 1947 |
[1949] All ER 256 [1949] 1 KB
599 |
APPEALS-PERTINENT MATTERS |
Appeals were unrestricted and
not confined to questions of law.HOWEVER Appeal Courts should
not lightly overturn the decisions of duly elected authorities
(see GODDARD LCJ @ 258 F-G) |
Binding |
Y |
Stevenage BC v Younas |
TPCA1847, S37+ TA1 1985, S16 |
[1988] RTR 405 |
UNMET DEMAND FOR HCV's |
HELD: Councils can decide that
broadly there is no unmet demand even if times of shortage
(closing times) can occur when demand is not met. |
Binding |
Y |
Stewart v Chapman |
RTA 1930, S21 |
[1951] 2 All ER 613 |
LIMITATION DATES-CALCULATION
OF |
defined as ** days not including
the day of offence |
Binding |
Y |
Streamline Taxis Southampton
(House & others v Reynolds ante) |
TPCA 1847, S55 |
Times Law Reports 4.11.1976 |
HACKNEY CARRIAGE BOOKING FEES |
HELD: Firm making bookings for
Hackney Carriage CANNOT charge a booking fee over and above
the tariff unless the tariff includes a booking fee. |
Binding |
Y |
Taunton Deane BC v Bryce |
LG(MP)A1976, S46 PACE 1984 S78 |
[1997] EWHC Admin 673 CO/0898/97 |
ENTRAPMENT |
HELD: Justices were wrong to
exclude test purchase booking evidence as no defence entrapment
if Council officer did no more than offer the opportunity
any person seeking to hire a car would have done. |
Binding |
Y |
Taylor v Allon |
S143 RTA 1988 |
[1965] 1 All ER 557 |
INSURANCE |
If an expired insurance certificate
contains an "extended" cover note for up to 15 days past expiry
then it is only an offer of insurance that must be accepted
by the insured by oral or written communication or perhaps
by conduct (ie driving the car) before being valid Parker
CJ |
Binding |
Y |
Trafalgar Insurance Co.
Ltd third parties (Cartwright v Mc Cormack) |
RTA 1988, S143 |
[1963] 1 All ER |
INSURANCE-RULES RE VALIDITY DATES & TIMES |
DEFINED AS TO WHEN IN FORCE |
Binding (Ct. Appeal) |
Y |
Vant v Cripps |
TPCA 1847, S45 RTA1988, S143 |
[1964] 62 LGR 88, DC |
PLYING FOR HIRE |
Car displaying TAXI outside premises
also displaying TAXI was nevertheless plying for hire even
though unattended whilst driver in house. S143 RTA case proved
also |
Binding |
Y |
Vickers v Bowman |
RTA1960, S117 |
[1975] RTR 165 |
HIRE AND REWARD |
If used for hire at separate
fares was still hire and reward even if 1 passenger collected & paid
driver-therefore in this case PSV |
Binding |
Y |
Wathan v Neath & Port
Talbot CBC |
TPCA1847 S68, LG(MP)A 1976, S51,S52,S57,
S80 |
BLD1507022695, 12th July 2002,
Admin. Court |
HACKNEY DRIVERS-CONDITIONS OF
LICENSING |
HELD: A Council cannot impose
Licensing Conditions on Hackney Carriage Drivers but may only
regulate them by way of Byelaws |
Binding |
Y |
West v Coventry C.C.(Crown
Ct. Appeal) |
TPCA 1847, S38 |
unreported |
HACKNEY CARRIAGES-RENEWAL OF
LICENCE |
HELD: What factors to be taken
into account. Policy etc. Existing HCV owner could be refused
renewal if properly warned before and given chance to be heard. |
Persuasive |
Y |
Wurzal V Addison |
ALL ACTS |
[1965] 1 All ER 20 |
HIRE & REWARD |
Defined in relation to vehicle
use |
Binding |
Y |
Wurzal V Addison |
ALL ACTS |
[1965] 1 All ER 20 |
ADAPTED FOR |
Defined in relation to vehicles |
Binding |
Y |
Yakhya v Tee |
TA 1980, S64(1) |
[1983] RTR 122 |
ROOF SIGNS ON VEHICLES-RULES
FOR DETERMINING |
TEST TO BE APPLIED |
Binding |
Y |
Yates v Gates |
TPCA 1847 s47+59 |
[1970] 1 All ER 754 |
HACKNEY CARRIAGES-UNLICENSED
DRIVER |
Driver must be licensed at all
times SAVE FOR to or from pre booked mechanical test |
Binding |
Y |
Yates v Gates |
TPCA 1847 s47+59 |
[1970] 1 All ER 754 |
HACKNEY CARRIAGES- CARRIAGE OF
A.N. OTHER |
CONSENT.Hirers express permission
must be sought if A.N.Other is to be carried on vehicle |
Binding |
Y |
Young & another v
Scampion |
TPCA 1847, S45 (and also S37) |
[1988] RTR 95 |
PLYING FOR HIRE-BURDEN OF PROOF |
BOTH that the vehicle was used
as HCV within District and that it was so used on a "Street" |
Binding |
Y |
