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Luton red route - not an enforceable civil contravention
cp8759
post Wed, 16 Nov 2022 - 21:30
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Leon Mcglynn v Luton Borough Council (LU00047-2210, 16 November 2022), original thread here


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post Wed, 16 Nov 2022 - 21:30
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phantomcrusader
post Sun, 22 Jan 2023 - 16:11
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Contrary to what's said in this decision, outside London, "stopping" in hackney carriage stands is also not enforceable. This is because section 64(3) of the Local Government (Miscellaneous Provisions) Act 1976 prohibits waiting not stopping.
QUOTE
64 Prohibition of other vehicles on hackney carriage stands.

(1)No person shall cause or permit any vehicle other than a hackney carriage to wait on any stand for hackney carriages during any period for which that stand has been appointed, or is deemed to have been appointed, by a district council under the provisions of section 63 of this Act.

(2)Notice of the prohibition in this section shall be indicated by such traffic signs as may be prescribed or authorised for the purpose by the Secretary of State in pursuance of his powers under [F1section 64 of the M1Road Traffic Regulation Act 1984].

(3)If any person without reasonable excuse contravenes the provisions of this section, he shall be guilty of an offence.

Therefore Schedule 7 TMA 2004 is wrong to claim s.64(3) creates a stopping offence.

QUOTE
4(1)Outside Greater London there is a parking contravention in relation to a vehicle if it is stationary in circumstances in which any of the offences listed below is committed.

(2)The offences are—

(a)an offence under section 64(3) of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) of causing a vehicle to stop on part of a road appointed, or deemed to have been appointed, as a hackney carriage stand;

Truth is, outside London, any code 45 Stopped on a taxi rank PCN cannot be enforced under the TMA 2004. Even to use a sign conveying "no stopping" may be ultra vires.
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cp8759
post Mon, 23 Jan 2023 - 16:32
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Well that's a bit more debatable: the TMA is an Act of Parliament and no Act of Parliament can be "wrong". A local authority could certainly argue that the TMA 2004 implicitly amends the Local Government (Miscellaneous Provisions) Act 1976 to create a stopping restriction. I'm not saying they would succeed, just that there is an arguable case.


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roythebus
post Mon, 23 Jan 2023 - 20:27
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All of which makes me ask the question "what IS the difference between waiting and stopping"?
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cp8759
post Mon, 23 Jan 2023 - 23:25
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QUOTE (roythebus @ Mon, 23 Jan 2023 - 20:27) *
All of which makes me ask the question "what IS the difference between waiting and stopping"?

It depends.


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phantomcrusader
post Tue, 24 Jan 2023 - 16:36
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QUOTE (cp8759 @ Mon, 23 Jan 2023 - 16:32) *
Well that's a bit more debatable: the TMA is an Act of Parliament and no Act of Parliament can be "wrong". A local authority could certainly argue that the TMA 2004 implicitly amends the Local Government (Miscellaneous Provisions) Act 1976 to create a stopping restriction. I'm not saying they would succeed, just that there is an arguable case.


Possibly. I doubt the council appeal staff have knowledge like yours to come up with the argument. When we next get a outside London taxi rank no stopping PCN we can put the above points to them and see how it goes. No doubt it will go over their heads but an adjudicator will hopefully get it.
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cp8759
post Tue, 24 Jan 2023 - 17:30
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QUOTE (phantomcrusader @ Tue, 24 Jan 2023 - 16:36) *
Possibly. I doubt the council appeal staff have knowledge like yours to come up with the argument. When we next get a outside London taxi rank no stopping PCN we can put the above points to them and see how it goes. No doubt it will go over their heads but an adjudicator will hopefully get it.

It might take a while and I'll probably forget, but I'm sure you'll remind me and we can see how it goes biggrin.gif


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The Rookie
post Mon, 30 Jan 2023 - 11:13
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QUOTE (phantomcrusader @ Sun, 22 Jan 2023 - 16:11) *
QUOTE

(a)an offence under section 64(3) of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57) of causing a vehicle to stop on part of a road appointed, or deemed to have been appointed, as a hackney carriage stand;

Truth is, outside London, any code 45 Stopped on a taxi rank PCN cannot be enforced under the TMA 2004. Even to use a sign conveying "no stopping" may be ultra vires.

However the LGA says 'wait'.
QUOTE
(1)No person shall cause or permit any vehicle other than a hackney carriage to wait on any stand for hackney carriages during any period for which that stand has been appointed

https://www.legislation.gov.uk/ukpga/1976/57/section/64


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