Call Sign March 2011 - Page 31 - BARRIE SEGAL’S PARKING UPDATE

When drivers leave their taxi… It is clear that adjudicators have no problem with drivers waiting in the taxi for the passenger to come down from their office or home if they have told the Dial-a-Cab call centre that they are on their way. If the driver leaves the taxi, then the adjudicator will want to know the reason for leaving the vehicle. If it's to look for the passenger, to help a passenger or escort a passenger, then that is okay, but we require confirmation from the driver. Sometimes it is clear from video footage that the driver is seeking out his/her passenger, but this is not always the case. I recently had a case where the driver was waiting for the passenger to arrive, but had got out of his vehicle and was reading a newspaper. The adjudicator took the view that once the driver did that, it detracted from the position that he was awaiting the passenger. I made the point that I didn't agree, but the adjudicator would not cancel the ticket so I said I would not contest the matter as I didn’t want this to set a precedent. There have been other cases where the driver has got out of the vehicle - in one case he began polishing his cab while in another he took out a brush and pan and began cleaning his cab. In these situations we just cannot win. Similarly, if a driver leaves his/her cab and returns with food or any sort of beverage, this makes it difficult to win. To summarise, if a driver gets out of his/her cab and does anything which detracts from the evidence that he is looking for or waiting for the passenger, this will almost inevitably mean that the PCN will not be cancelled. Other driver activities… So far adjudicators have not taken the view that if the driver is sitting in the taxi and reading a newspaper or eating a	DaC’s PCN costs have been reduced greatly thanks to UK parking expert Barrie Segal. He gives Call Sign readers an update on how adjudicators see our cases… BARRIE SEGAL’S PARKING UPDATE
	sandwich, for example, that that is not okay. But they may do so in the future. The local authorities and Transport for London take the view that a driver is not allowed to leave the cab for any reason. This is not a correct interpretation of the law. I have always maintained that this view is not correct and adjudicators agree, but this is subject to the limitations I have indicated above. Zigzags… We have had very few cases of PCNs being issued for drivers stopping on a zigzag. However, I noticed just walking along the street that lots of taxi drivers will stop on a zigzag or stop with two wheels on the kerb to pick up a passenger. There is really no way to fight this, so please remember not to pick up on zigzags on stop with your wheels on the kerb. Wait and return cases… I had one recent case where there was a set down with the driver being asked to wait and pick up the passenger again to go on to the next stop. In these situations, the adjudicators take the view that waiting to pick up the passenger after the first set down is not allowed. I asked for this decision to be reviewed, but	was not successful. I do not believe that decision is correct and certainly not correct if the passenger is carrying anything to or from the first stop. This gets very technical, but I mention this for completeness. I should say that the adjudicators seem to accept that there is an illogicality compared to the situation where one is delivering a package and picking up another one, but at the moment that is the decision. So in cases where there is a pickup and subsequent wait, if possible it is better for the driver to go around the block (see ‘and finally’ note below) and pick up the passenger when they return to the kerb. I do accept that this may not always be practical. Waiting at bus stops… One adjudicator took the view that as the taxi exemption for picking up or dropping off in a bus stop is stricter than the boarding or alighting rule on yellow lines, that in general those PCNs should not be cancelled. I was only able to win that case by pointing out a technical error in the wording of the PCN. Therefore as a general rule, drivers should not wait in bus stops when on a radio job. And finally…the taxi shuffle! It is clear that if a driver is waiting for the passenger to get into his/her vehicle, that if the driver kept moved his/her vehicle backwards and forward on the same spot (assuming that the vehicle is always moving) no PCN can be issued because that is not waiting! Yes I know…! Barrie Segal DaC PCNs

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