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Here is an interesting case relating to taxi drivers and stopping at ATM or Cash Machines. This is a decision of Parking Adjudicator Mr. Michael Nathan.

"This is a personal hearing attended by the Appellant, who is a licensed London cab driver. The authority did not appear and was not represented. It is claimed that the Appellant stopped where prohibited on a red route or clearway outside 203 - 207 Earls Court Road on 18 May 2007 at 16:10 hours. The applicable restrictions prevent stopping at any time, with a loading exemption for a maximum of 20 minutes. This is not in dispute.

 

The facts of this case are straightforward and have been clearly explained by the Appellant in his written evidence and at the hearing and supported by the Authority's video evidence. The Appellant had been hired to take three passengers to Earls Court Road. Upon arrival, and not before, he learned they had no funds to pay him. He stopped in a red route loading bay and to enable them to pay the fare, two of the passengers went to a nearby cash machine and then returned approximately 4 minutes later.

 

The Authority has helpfully provided a copy of the relevant traffic Management Order, The Kensington and Chelsea Priority (Red) Routes (No.2) Traffic Order 2000, which provides at Article 9 that the (red route) controls do not apply in respect of a person causing a vehicle to stop if that person is using the vehicle under a licence under section 6 of the Metropolitan Public Carriage Act 1869 to stop for so long only as may be required to enable a passenger to get on or off the vehicle. They acknowledge that the Appellant falls within this exemption as a Hackney Carriage licence holder, but claim that the Appellant was not dropping off a passenger, but had stopped for an extended period.

 

It is an implicit and essential part of the contractual arrangement between a cab driver and his passenger that payment must be made at the end of the journey. The exemption recognises that a passenger may get off the vehicle and, as this process must involve payment of the fare, a reasonable period must be allowed for the exiting and payment process. In this particular case, the Adjudicator finds that the period of four minutes was not unreasonable in all circumstances, and that the exemption therefore applied.

Accordingly the appeal is allowed."

Michael Nathan

Adjudicator appointed under Section 73(3) of the Road Traffic Act 1991

 

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