Mr. Shaw
30-03-2009, 11:36
From TAXI
http://www.taxinewspaper.co.uk/issues/189/Taxi_189_Pages01-12.pdf
a Parliamentary Bill which, for the first
time, will bring rickshaws within the scope
of the Road Traffic Act 1991 and the Transport
Act 2000. If the Bill is successful,
rickshaw owners will automatically become
liable for all rider infringements relating
to obstruction, box junction offences
and bus lane violations.
Vehicle identification
It is proposed that enforcement will be administered
via a registration scheme
which will prescribe a form of vehicle identification.
This will allow cameras or enforcement
officers to issue rickshaws with
penalty charge notices (PCNs) in equal
manner to motor vehicles.
The overwhelming majority of rickshaws
are hired by riders on a daily or
weekly basis. Under the existing laws a
motorist who hires a
vehicle, for example
from Hertz or Avis, is
contracted to pay all
vehicle penalties
which may be incurred
during the
period of hire. In the
first instance the
penalty is issued to
the owner of the vehicle
but it ultimately
becomes the responsibility
of the
hirer. Taxi drivers
who hire cabs ‘on
the flat’ will be particularly
conversant
with the current system.
Possible loophole?
The majority of rickshaw riders are young
student types who work for short periods
and do not reside permanently in the UK;
thereby preventing bailiff enforcement of unpaid
penalties.
Fortunately, the Parliamentary Draftsmen
anticipated this loophole and have deliberately
included a variation to the normal
enforcement procedures which places the
burden of payment on the owner of the vehicle.
Crippling effect?
The Bill reached its Lords Committee stage
on Tuesday 10 March. Not surprisingly, the
first petitioner against the relevant clause
was Chris Smallwood, Chairman of the London
Pedicab Operators’ Association, who
represented Bugbugs and Cycles Maximus.
Mr Smallwood spent over an hour extolling
the virtues of his three wheeled bandits
which eventually prompted the Counsel
appearing on behalf of WCC and TfL to
comment that Mr Smallwood had clearly exceeded
the remit of his petition.
On the very few occasions that Mr
Smallwood did keep to the point, he used
terms including
“this will kill off my industry”,
“we will be crippled by penalty charges”
and
“this is banning by the back door!”
On 12 March the Lords Committee ruled
that it was
“content for the clause to proceed”
and the Bill will now progress to the
Commons.
Various aspects of the Bill have been widely
misreported in the trade press. This Bill
does not concern itself with the licensing of
rickshaws;
it relates solely to the enforcement
of traffic regulations and extending
the law relating to motor vehicles to include
rickshaws.
Rickshaw operators currently benefit
from the ability to exploit two legal definitions:
The 2003 High Court Judgment,
which granted rickshaws ‘stage
carriage’ status, thereby sanctioning
their right to ply for hire on the streets
of the Capital, and the various Road
Traffic Acts which continue to categorise
rickshaws as ‘pedal cycles’, thus
granting automatic immunity from
penalties relating to the majority of
waiting restrictions and moving traffic
violations.
Parliamentary Bill
The High Court ruling may yet be overturned,
but any challenge will inevitably
degenerate into a lengthy drawn out
process. Fortunately, the Road Traffic Act
loopholes are now being addressed by
Westminster City Council (WCC) and
Transport for London (TfL).
The two Authorities have joined forces
in a belated attempt to penalise the army
of rickshaw riders who regularly exploit
every opportunity to flagrantly disregard
the most basic traffic and waiting regulations.
WCC and TfL are seeking to progress
DALSTON
STEAM CLEAN
Unit 17, No 1 Lammas Road, Leyton, E10 7QT
Established for OVER 40 years
TAXI STEAM CLEANING
AND PAINTED TO
PCO STANDARD
10% DISCOUNT OFFERED WITH
PRODUCTION OF THIS ADVERT
020 8558 9945
For a Quotation, call Carl on
020 7377 5772
Arches 9a/10a Cudworth Street, London E1 5Q
CABS AVAILABLE FOR HIRE
GLOBE AUTOMATIC
TRANSMISSIONS
Specialists in British & Foreign Transmissions
SERVICES WITHOUT APPOINTMENT
FROM 8.30 - 5.30 MON-FRI
www.ltda.co.uk (http://www.ltda.co.uk)
LTDA
OPINION
3
Living on borrowed time!
Vehicle
identification
Parliamentary Bill
Possible loophole?
Crippling effect?
http://www.taxinewspaper.co.uk/issues/189/Taxi_189_Pages01-12.pdf
a Parliamentary Bill which, for the first
time, will bring rickshaws within the scope
of the Road Traffic Act 1991 and the Transport
Act 2000. If the Bill is successful,
rickshaw owners will automatically become
liable for all rider infringements relating
to obstruction, box junction offences
and bus lane violations.
Vehicle identification
It is proposed that enforcement will be administered
via a registration scheme
which will prescribe a form of vehicle identification.
This will allow cameras or enforcement
officers to issue rickshaws with
penalty charge notices (PCNs) in equal
manner to motor vehicles.
The overwhelming majority of rickshaws
are hired by riders on a daily or
weekly basis. Under the existing laws a
motorist who hires a
vehicle, for example
from Hertz or Avis, is
contracted to pay all
vehicle penalties
which may be incurred
during the
period of hire. In the
first instance the
penalty is issued to
the owner of the vehicle
but it ultimately
becomes the responsibility
of the
hirer. Taxi drivers
who hire cabs ‘on
the flat’ will be particularly
conversant
with the current system.
Possible loophole?
The majority of rickshaw riders are young
student types who work for short periods
and do not reside permanently in the UK;
thereby preventing bailiff enforcement of unpaid
penalties.
Fortunately, the Parliamentary Draftsmen
anticipated this loophole and have deliberately
included a variation to the normal
enforcement procedures which places the
burden of payment on the owner of the vehicle.
Crippling effect?
The Bill reached its Lords Committee stage
on Tuesday 10 March. Not surprisingly, the
first petitioner against the relevant clause
was Chris Smallwood, Chairman of the London
Pedicab Operators’ Association, who
represented Bugbugs and Cycles Maximus.
Mr Smallwood spent over an hour extolling
the virtues of his three wheeled bandits
which eventually prompted the Counsel
appearing on behalf of WCC and TfL to
comment that Mr Smallwood had clearly exceeded
the remit of his petition.
On the very few occasions that Mr
Smallwood did keep to the point, he used
terms including
“this will kill off my industry”,
“we will be crippled by penalty charges”
and
“this is banning by the back door!”
On 12 March the Lords Committee ruled
that it was
“content for the clause to proceed”
and the Bill will now progress to the
Commons.
Various aspects of the Bill have been widely
misreported in the trade press. This Bill
does not concern itself with the licensing of
rickshaws;
it relates solely to the enforcement
of traffic regulations and extending
the law relating to motor vehicles to include
rickshaws.
Rickshaw operators currently benefit
from the ability to exploit two legal definitions:
The 2003 High Court Judgment,
which granted rickshaws ‘stage
carriage’ status, thereby sanctioning
their right to ply for hire on the streets
of the Capital, and the various Road
Traffic Acts which continue to categorise
rickshaws as ‘pedal cycles’, thus
granting automatic immunity from
penalties relating to the majority of
waiting restrictions and moving traffic
violations.
Parliamentary Bill
The High Court ruling may yet be overturned,
but any challenge will inevitably
degenerate into a lengthy drawn out
process. Fortunately, the Road Traffic Act
loopholes are now being addressed by
Westminster City Council (WCC) and
Transport for London (TfL).
The two Authorities have joined forces
in a belated attempt to penalise the army
of rickshaw riders who regularly exploit
every opportunity to flagrantly disregard
the most basic traffic and waiting regulations.
WCC and TfL are seeking to progress
DALSTON
STEAM CLEAN
Unit 17, No 1 Lammas Road, Leyton, E10 7QT
Established for OVER 40 years
TAXI STEAM CLEANING
AND PAINTED TO
PCO STANDARD
10% DISCOUNT OFFERED WITH
PRODUCTION OF THIS ADVERT
020 8558 9945
For a Quotation, call Carl on
020 7377 5772
Arches 9a/10a Cudworth Street, London E1 5Q
CABS AVAILABLE FOR HIRE
GLOBE AUTOMATIC
TRANSMISSIONS
Specialists in British & Foreign Transmissions
SERVICES WITHOUT APPOINTMENT
FROM 8.30 - 5.30 MON-FRI
www.ltda.co.uk (http://www.ltda.co.uk)
LTDA
OPINION
3
Living on borrowed time!
Vehicle
identification
Parliamentary Bill
Possible loophole?
Crippling effect?