Manchester Bus lane PCN - am I a taxi or not?

[andy912]

I received a PCN notice for using a bus lane in Manchester Oxford Street (whitworth Street West To Chepstow Street ) I seen the signs saying buses taxis & authorized vehicles only, with me being a private hire taxi I proceeded through, but then received a pcn notice I have fought it but they say I am not a taxi in the eyes of the law & quote me the police town clause act 1847 a taxi is a hackney carriage only.

can anyone give me any advice 

[honeybee13]

Hi.

 

I've moved your thread to the local authority forum for further advice and amended the title slightly to show what your issue is.

 

HB

[borisbeaver]

It really depends on whether Manchester class Private Hire as a taxi. 

[andy912]

Its Manchester council fining me it's the police town clause act 1847 they are sticking with a taxi is a hackney carriage only

[borisbeaver]

As I understand it, this is the same issue in london between black cabs, which can be hailed and pick up fares and private hire where the fare has prebooked. Correct me if I'm wrong.

 

 

[ericsbrother]

there are limits to the jurisdiction of the council as far as hackney carraiges go and as you are from Liverpool then the limits dont apply.

Now this could mean that you can drive there as the town Clauses act doesnt apply to people outside Manchester in this respect or it could mean that only Manchester hackney carriages could ever use the road as anyone from outside cant be licensed by them even if you were drivinga  afre into the city.

I am sure that the interpretation taken will be whichever makes them the most money under the circumstances.

They havent quoted which part of the Act they rely on as earlier sections mention public carriages and only later is the specification of hackney carriages made and a sign saying taxi rather than Manchester  licensed hackney carriage is ambiguous so they should use their discretion.

my advice is to soft appeal so you can still pay the fine within the discount period if necessary

Edited June 27, 2019 by ericsbrother

[andy912]

In common parlance, the word “taxi” is used interchangeably to mean a private hire vehicle and a licensed hackney carriage. In law however, the word “taxi” has a specific meaning. The main body of regulations governing signs on roads in Great Britain is the Traffic Signs Regulations and General Directions 2016 (TSRGD). It is those regulations that require the word “taxi” to be inserted in relevant bus lane signage where taxis are permitted. The word “taxi” is specifically defined in Schedule 1 to the TSRGD as being a vehicle licensed under section 37 of the Town Police Clauses Act 1847. Such vehicles are “licensed hackney carriages”. A “private hire vehicle” is licensed under Part II of the Local Government (Miscellaneous Provisions) Act 1976. It is not a “hackney carriage” and as such is not a “taxi” within the legal definition. As a licensed private hire vehicle driver Mr. ? would have known the difference between the two types of licence.

[andy912]

This was the response from my appeal from an independent Adjudicator.

[Ethel Street]

1 hour ago, borisbeaver said:

As I understand it, this is the same issue in london between black cabs, which can be hailed and pick up fares and private hire where the fare has prebooked. Correct me if I'm wrong.

 

 

 

That's the fundamental difference between taxi and private hire, but the key issue for the OP is what the local authority says about who can use bus lanes. OP is in Manchester, but as London has been mentioned, the rule there, according to the TfL website, is:

 

"Remember, only licensed taxi drivers can drive in bus lanes - private hire vehicles are not allowed. Licensed taxi drivers should check the signs at the start of the bus lanes, however, because there are a still a number of bus lanes they cannot use"