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PostPosted: Wed Jan 23, 2008 2:49 pm 
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echo15 wrote:
Enterprise car hire do the same pick you up at your address and take you to the depot. It's a big feature on thier tv ad


Not quite: they use a taxi company locally here.


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PostPosted: Wed Jan 23, 2008 4:01 pm 
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SO WHAT HAPPENS WHEN YOU BREAK-DOWN AND ARE TRANSPORTED HOME IN THE CREW CAB OF THE RAC /AA? HAS THE DRIVER OR VEHICLE TO BE LICENSED AS PRIVATE HIRE


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PostPosted: Wed Jan 23, 2008 4:36 pm 
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RED DEVIL wrote:
SO WHAT HAPPENS WHEN YOU BREAK-DOWN AND ARE TRANSPORTED HOME IN THE CREW CAB OF THE RAC /AA? HAS THE DRIVER OR VEHICLE TO BE LICENSED AS PRIVATE HIRE
AA and RAC are membership organisations. Not sure if this makes a difference.

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PostPosted: Wed Jan 23, 2008 4:41 pm 
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gusmac wrote:
RED DEVIL wrote:
SO WHAT HAPPENS WHEN YOU BREAK-DOWN AND ARE TRANSPORTED HOME IN THE CREW CAB OF THE RAC /AA? HAS THE DRIVER OR VEHICLE TO BE LICENSED AS PRIVATE HIRE
AA and RAC are membership organisations. Not sure if this makes a difference.


But there are a lot of recovery trucks doing this that are nothing to do with any organiation..


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PostPosted: Wed Jan 23, 2008 4:43 pm 
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no tips wrote:
gusmac wrote:
RED DEVIL wrote:
SO WHAT HAPPENS WHEN YOU BREAK-DOWN AND ARE TRANSPORTED HOME IN THE CREW CAB OF THE RAC /AA? HAS THE DRIVER OR VEHICLE TO BE LICENSED AS PRIVATE HIRE
AA and RAC are membership organisations. Not sure if this makes a difference.


But there are a lot of recovery trucks doing this that are nothing to do with any organiation..


Most of them are members of AVRO, the association of vehicle recovery operators.

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PostPosted: Wed Jan 23, 2008 4:47 pm 
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gusmac wrote:
RED DEVIL wrote:
SO WHAT HAPPENS WHEN YOU BREAK-DOWN AND ARE TRANSPORTED HOME IN THE CREW CAB OF THE RAC /AA? HAS THE DRIVER OR VEHICLE TO BE LICENSED AS PRIVATE HIRE
AA and RAC are membership organisations. Not sure if this makes a difference.


Of course that was the argument that provided the impetus for the contract hire exemption to be repealed in the first place.

For example, the Pink Ladies tried to argue that because they operated on a member-only basis the vehicles were permanently contracted to the club rather than the punters, thus could take advantage of the contract hire exemption.

Thus to that extent if the repeal of the exemption scuppered the Pink Ladies then the AA or RAC couldn't rely on being a membership-only organisation.

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PostPosted: Wed Jan 23, 2008 4:56 pm 
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What would be the answer to the AA or RAC if they say well we can take your car to your destination but although you are here on the M1 you will have to make your own way. Of course you can't walk on the motorway and a taxi can't stop and pick you up because no one is allowed to stop on a motorway unless it is an emergency.

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PostPosted: Wed Jan 23, 2008 6:04 pm 
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RED DEVIL wrote:
SO WHAT HAPPENS WHEN YOU BREAK-DOWN AND ARE TRANSPORTED HOME IN THE CREW CAB OF THE RAC /AA? HAS THE DRIVER OR VEHICLE TO BE LICENSED AS PRIVATE HIRE

I think that would be stretching it a bit too much, but it could be argued IMO.

The difference being that the only reason you are in the back of the van is that your motor is hanging off the back, and it's far safer for you to sit where you are sitting rather than still in your motor. :?

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PostPosted: Thu Jan 24, 2008 8:30 pm 
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I think the legislation says something about running a business whose purpose is carrying passengers for hire and reward which the garage is clearly not doing. Sorry not had time to find the paragraph and link to it.

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PostPosted: Thu Jan 24, 2008 9:36 pm 
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Tulsablue wrote:
I think the legislation says something about running a business whose purpose is carrying passengers for hire and reward which the garage is clearly not doing. Sorry not had time to find the paragraph and link to it.

PH legislation doesn't mention reward, just hire. :D

So anyone supplying a vehicle with driver, that takes you from A to B needs to be licensed. :wink:

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PostPosted: Fri Jan 25, 2008 10:28 am 
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Sussex wrote:
Tulsablue wrote:
I think the legislation says something about running a business whose purpose is carrying passengers for hire and reward which the garage is clearly not doing. Sorry not had time to find the paragraph and link to it.

PH legislation doesn't mention reward, just hire. :D

So anyone supplying a vehicle with driver, that takes you from A to B needs to be licensed. :wink:


Absolutely, totally and utterly CORRECT.

HIRE AND REWARD is mentioned no-where in the governments guidance, or S53/S54 of the Road Safety Act.

If you pick someone up and take them somewhere as part of your business then you require a PH licence to operate and drive the vehicle, and the vehicle itself needs to be licensed.

B. Lucky :D

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PostPosted: Fri Jan 25, 2008 10:31 am 
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grandad wrote:
What would be the answer to the AA or RAC if they say well we can take your car to your destination but although you are here on the M1 you will have to make your own way. Of course you can't walk on the motorway and a taxi can't stop and pick you up because no one is allowed to stop on a motorway unless it is an emergency.


The car is transported by the AA or RAC and the passengers are transported by a PHV or taxi.

The AA and RAC would only transport the passengers to a place of safety if the vehicle had broke down on a Motorway, and they would await the PHV or taxi in the recovery vehicle at that safe place.

B. Lucky :D

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PostPosted: Fri Jan 25, 2008 12:11 pm 
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grandad wrote:
What would be the answer to the AA or RAC if they say well we can take your car to your destination but although you are here on the M1 you will have to make your own way. Of course you can't walk on the motorway and a taxi can't stop and pick you up because no one is allowed to stop on a motorway unless it is an emergency.


I suppose one must look at the essential character, or the primary purpose of the relevant journey? Was the journey one that could properly or fairly be described as use for "social, domestic and pleasure purposes"?

If we discount those purposes as not being applicable then what are we left with?

I'm just adding to the debate and offering one aspect of what amounts to insurance cover purposes and how if there was an accident resulting in harm to the passenger under what concept would the use and activity of the vehicle be defined by the courts?

Regards

JD

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PostPosted: Fri Jan 25, 2008 4:57 pm 
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The AA and RAC would only transport the passengers to a place of safety if the vehicle had broke down on a Motorway, and they would await the PHV or taxi in the recovery vehicle at that safe place.

When my fuel pump blew on the M3 I was towed off the motorway by the RAC to a local service station where a recovery vehicle with a crew cab took me and the car to my mechanic at home

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PostPosted: Mon Jan 28, 2008 8:27 pm 
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Well that sounds fair enough to me. You break down and the AA takes you and your car home. No way could that ever be seen as a taxi service.

A lot of talk here in Warrington today regarding Pink Ladies. Today was suppose to be D-Day where they would either become legal or illegal but nothing seems to have happened. The cars are still running (without plates) and nobody seems to know what's happening.

Bill :)


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