Sign of success in court case win

Shropshire Council has won a court case after magistrates backed a decision taken in line with national guidelines to help people to distinguish between Hackney carriage taxis and private hire vehicles. 

At Shrewsbury Magistrates Court on Tuesday 10 April 2012, Central Cars Ltd challenged the council’s policy which requires private hire vehicles to display clear signage on the side of the vehicle, rather than having roof signs.  Hackney carriage vehicles are permitted to have roof signs. 

Central Cars Ltd lost its appeal to be permitted to keep roof signs, and therefore be exempt from the policy.  Central Cars owner, Carl Wilday, was ordered to pay the council £1,000 in costs. 

The signage conditions were agreed by the council’s Strategic Licensing Committee last year in accordance with guidance from the Department of Transport (DfT), which states that having roof signs on private hire vehicles is not best practice.  Legislation also requires that private hire vehicles must differ in appearance from Hackney carriages. 

The DfT guidance outlines that it is important that people are able to distinguish between the two types of vehicle to minimise confusion, particularly on the differences in how journeys are arranged.  Private hire vehicles must be pre-booked.  Hackney carriage vehicles do not have to be pre-booked and can be hailed on the street.  Anyone taking a journey in a private hire vehicle which has been ‘flagged down’ is not insured for the journey. 

During the case the council pointed out that, despite some initial concerns, other private hire operators had told the council that they found not having roof signs to be beneficial for reasons including people no longer attempting to flag them down. 

Furthermore, in major cities such as Manchester, Birmingham and Liverpool, the local authorities took the same approach of not allowing roof signs on private hire vehicles. 

Steve Charmley, Shropshire Council’s Cabinet member with responsibility for licensing, said:

“This is a great result, coming shortly after another case won by the council which upheld a decision to refuse to grant a taxi licence because the applicant would not be operating mostly in the county. 

“This again shows that our policy and decision-making is robust and taken in the best interests of the public.  This case reinforces the importance of clarifying the differences between the two types of vehicle and the reasons why this policy is in place.” 

Councillor Rosanna Taylor-Smith, chair of the Strategic Licensing Committee, said:

“The policy was agreed after establishing a task and finish group to develop the conditions and consulting widely on them. 

“We are pleased that the courts have supported our approach, and reaffirmed that this is the best way forward in protecting the public and contributing to an effective transport system within the Shropshire Council area.” 

For further information on the differences between Hackney carriage taxis and private hire vehicles click here.