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PostPosted: Sat May 06, 2017 1:47 am 
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wannabeeahack wrote:
Quote:
Your definition of subcontracting rules for private hire is totally misguided.


Explain please?

Before new act cross border subbing was restricted to hackneys, but not now, and even that matter doesnt affect trade within an LA


Quote:
Also when a booking is accepted it is a contract under law and the operator and allocated driver must complete that contract.


and how is that NOT the case with Uber but IS the case with a typical base?


An operator who accepts a booking to supply a private hire vehicle must supply a vehicle and driver who is licensed by the same L/A as the operator,the same applies if the job is subcontracted,operator,vehicle and driver must be licensed by the same L/A.(3 license rule).
The operator who accepted the original booking is held responsible for fulfilling that booking even when subcontracting another operator to fulfil the booking.
Hackney carriages have to be in their own licensing district to accept a booking outside their district(Comcabs court case) otherwise they are plying for hire.


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PostPosted: Sat May 06, 2017 9:41 am 
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An operator who accepts a booking to supply a private hire vehicle must supply a vehicle and driver who is licensed by the same L/A as the operator,the same applies if the job is subcontracted,operator,vehicle and driver must be licensed by the same L/A.(3 license rule).


wasnt the latter overturned by the new act?



Quote:
The operator who accepted the original booking is held responsible for fulfilling that booking even when subcontracting another operator to fulfil the booking.


as applicable to Uber as any other base


Quote:
Hackney carriages have to be in their own licensing district to accept a booking outside their district(Comcabs court case) otherwise they are plying for hire.


(think you mean a flag down?, theres is a clause about not being "visible from a public highway")

unenforceable... i take email booking and bid on jobs........on a website based in asia

Does that apply to a hack taking a PDA/radio job outside his own LA?

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PostPosted: Sat May 06, 2017 9:43 am 
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Its coming down to some very small print and grey areas....

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PostPosted: Sat May 06, 2017 9:48 am 
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Technology has outpaced the legal arguements, phones and radios know no boundary lines, the internet even less so

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PostPosted: Sat May 06, 2017 9:58 am 
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Updated rules (Gloucester)


Quote:
Sub-contracting
3.5 An operator may sub-contract a booking to another operator licensed with the same Licensing Authority. Both operators must keep a record of the booking. The contract and responsibility for booking remains between the operator that took the booking and the client.
3.6 An operator may not sub-contract to an operator licensed by another Licensing Authority.

The Deregulation Act 2015 makes provisions for Private Hire Operators to sub-contract work to an operator licensed by a different local authority


www.gloucester.gov.uk/council/Documents ... t_2016.pdf

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PostPosted: Sat May 06, 2017 12:33 pm 
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These notes refer to the Deregulation Act 2015 (c.20) which received Royal Assent on 26 March 2015
DEREGULATION ACT 2015
EXPLANATORY NOTES
COMMENTARY ON SECTIONS
Section 11: Private hire vehicles: sub-contracting
59. This section inserts two new sections (55A and 55B) into the Local Government (Miscellaneous Provisions) Act 1976 in relation to the sub-contracting of bookings from one private hire vehicle operator to another. It applies in England and Wales, but not in London or in Plymouth where different legislation applies.
60. In the new section 55A, subsection (1) allows an operator who accepts a booking for a private hire vehicle to sub-contract it to four types of operator - (a) an operator licensed and located in the same district as the initial operator; (b) an operator licensed and located in a different district from the initial operator (a different district but one which is still governed by the same legislation – in practice this means a district in England or Wales but outside London or Plymouth); (c) an operator licensed and located in London; or (d) a person located in Scotland. Scenario (a) constitutes a re-statement of existing law – it is already lawful for a private hire vehicle operator to sub-contract a booking to another operator licensed in the same licensing district. Scenario (a) has been included because it is not currently expressly stated on the face of the Act and stating all four scenarios where an operator can sub-contract a booking in this amendment makes the law clearer and easier to follow.

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PostPosted: Sat May 06, 2017 3:29 pm 
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Quote:
60. In the new section 55A, subsection (1) allows an operator who accepts a booking for a private hire vehicle to sub-contract it to four types of operator -

(a) an operator licensed and located in the same district as the initial operator

(b) an operator licensed and located in a different district from the initial operator (a different district but one which is still governed by the same legislation – in practice this means a district in England or Wales


(a) is as it always was

(b) is new....

lets not worry any more

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PostPosted: Sat May 06, 2017 4:39 pm 
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wannabeeahack wrote:
Quote:
60. In the new section 55A, subsection (1) allows an operator who accepts a booking for a private hire vehicle to sub-contract it to four types of operator -

(a) an operator licensed and located in the same district as the initial operator

(b) an operator licensed and located in a different district from the initial operator (a different district but one which is still governed by the same legislation – in practice this means a district in England or Wales


(a) is as it always was

(b) is new....

lets not worry any more



But know where does it state a private hire operator can sub-contract to a Hackney Carriage when it is outside its own licensing district(Com Cabs court case)


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PostPosted: Sat May 06, 2017 6:43 pm 
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heathcote wrote:
But know where does it state a private hire operator can sub-contract to a Hackney Carriage when it is outside its own licensing district(Com Cabs court case)


where does it say it cant?

a HC out of area can work as a PH as we already know

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PostPosted: Sat May 06, 2017 8:05 pm 
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wannabeeahack wrote:
heathcote wrote:
But know where does it state a private hire operator can sub-contract to a Hackney Carriage when it is outside its own licensing district(Com Cabs court case)


where does it say it cant?

a HC out of area can work as a PH as we already know



Which law states that?(Com Cabs case says not)


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PostPosted: Sat May 06, 2017 8:14 pm 
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heathcote wrote:
wannabeeahack wrote:

a HC out of area can work as a PH as we already know



Which law states that?(Com Cabs case says not)

If that is the case why are there not hundreds of cases every week where this is happening?

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PostPosted: Sat May 06, 2017 8:56 pm 
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Can you post a link or info on this "Com cabs" case please?

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PostPosted: Sun May 07, 2017 2:40 am 
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wannabeeahack wrote:
Can you post a link or info on this "Com cabs" case please?




DPPs v Computer Cabs

This case has been listed on this site for over 4 years.
Why it has not been acted on in all probability is lack of bottle by enforcement officers and obviously persuasion by operators only interested in collecting rents from out of town vehicles for using their radio circuits.


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PostPosted: Sun May 07, 2017 2:05 pm 
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heathcote wrote:
wannabeeahack wrote:
Can you post a link or info on this "Com cabs" case please?




DPPs v Computer Cabs

This case has been listed on this site for over 4 years.
Why it has not been acted on in all probability is lack of bottle by enforcement officers and obviously persuasion by operators only interested in collecting rents from out of town vehicles for using their radio circuits.


the fine print, and the ONLY caveat is that the "visiting" plated vehicles should operate in thier own LA for "the majority" of thier working time/week/etc, this is almost totally unenforceable, how do you check? has it ever been tested in court? Thursday/Friday/Saturday nights arent a majority of a 7 day week....... and then.... if bases in areas with multiple borders get calls/bookings and pass jobs "back" to cars in thier own areas theres no issue is theres?

Time it was just dropped (as the AOP almost did) and we let technology get on with it

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PostPosted: Sun May 07, 2017 2:10 pm 
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Last night I did 2 x £10 jobs (for £40)( :D ) and once clear I cruised through town, there were "visiting" private hire and hacks hovering, 1 was only 50 yards behind a rank ... obviously pre-booked...

my 2 jobs were from the same place to the same hotel, between 1st and 2nd jobs a poacher had approached my passengers.... who had prepaid so told him to naff off, thing was the place is far out in the sticks, down a lane, no-one just drops by

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