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PostPosted: Thu Jun 23, 2005 12:55 am 
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I'm a hackney, I work for a company, I want to leave the company and take my own bookings....

My licencing authority say I need a private hire operators licence to take pre bookings for my hackney carriage vehicle.

As a hackney carriage I am only allowed to be flagged or pick up at a rank, is this correct or is my licencing authority talking b****cks?

Regards
Nick

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PostPosted: Thu Jun 23, 2005 2:42 am 
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Yes, they are talking...err...nonsense.

Apparently this issue has been a bone of contention in some areas, but it was recently clarified in the case Brentwood BC v Gladen.

The case is summed up in the final three paras:

I have reached the clear view that the district judge in this case was correct and that section 46(1)(d) is not breached where a licensed hackney carriage and a licensed hackney carriage driver is provided for the relevant conveyance of a passenger, albeit it is provided through an operator. In those circumstances, an operator's licence under section 55 of the Act is not appropriate, since that section does not cover hackney carriages.

The district judge posed this question for the opinion of the High Court:

"Whether it is necessary to hold a licence under section 55 of the Local Government (Miscellaneous Provisions) Act 1976, in an area where that Act is in force, to operate a hackney carriage duly licensed as such under the Town Police Clauses Act 1847 as a private hire vehicle."
The answer to that question is: no. Accordingly, I would dismiss this appeal.


Tell your council the name of the case, or better still print the case out and give them it:

http://www.bailii.org/ew/cases/EWHC/Adm ... /2500.html

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PostPosted: Thu Jun 23, 2005 7:29 am 
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nickburrett wrote:
My licencing authority say I need a private hire operators licence to take pre bookings for my hackney carriage vehicle.

Wouldn't it be nice if all licensing officers kept up with the law of this law.

Is it really asking that much? :-k

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PostPosted: Thu Jun 23, 2005 10:43 am 
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Thank you, most informative, I will let you know the outcome - just sent an email to my licencing department!

Regards
Nick

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PostPosted: Thu Jun 23, 2005 1:06 pm 
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A quick reply from my licensing authority, it seems the person I spoke to originally was not quite clear on the position! tee hee!

Quote:
Just to clarify a Hackney carriage can take pre bookings, and they do not need an Operators Licence, this was the case a few years ago but not now, however when doing pre-booked work as a private hire the taxi meter must be used for the fare

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PostPosted: Thu Jun 23, 2005 1:42 pm 
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Location: Grim North, Carrot Crunchers and Codhead Country, North of Watford Gap
nickburrett wrote:
A quick reply from my licensing authority, it seems the person I spoke to originally was not quite clear on the position! tee hee!

Quote:
Just to clarify a Hackney carriage can take pre bookings, and they do not need an Operators Licence, this was the case a few years ago but not now, however when doing pre-booked work as a private hire the taxi meter must be used for the fare


yes a few years ago on taxi test they pulled me for not having all 4 car windows working, I had the back ones locked off via the switch, the licencing test crew said failing it on back windows not working. I refered them to the byelaws and it does state that only one window either side has to work, they got back to me and said oh yes you are right, but a click of a button allows all windows to work at my command

I asked the reason why do you want all windows to open, the taxi licence women said, this is her words, If your driving and you go into the river the customers need access to get out, wot a load of boll*cks, the answer should have been, if you ever drove into the river!!! you let the car sink first, all electric power goes, when the car fills with water, you then open the doors and swim out. They tell you out don't they

I can't be doing with passengers playing around with power windows, if they want fressh air they should walk.

we in this area have to have our cab plate number fitted via sticker on both sides of the top light, failure to do so is a test fail, do others in other areas have this rule, or are these made up as they go along, they have written it in now in the local byelaws


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PostPosted: Thu Jun 23, 2005 2:26 pm 
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Location: Plymouth, i think, i'll just check the A to Z!
highwayman wrote:
we in this area have to have our cab plate number fitted via sticker on both sides of the top light, failure to do so is a test fail, do others in other areas have this rule, or are these made up as they go along, they have written it in now in the local byelaws


HC or PH?

our PH cars have a square sticker on the front doors. as well as a back plate.


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PostPosted: Thu Jun 23, 2005 7:31 pm 
steveo wrote:
our PH cars have a square sticker on the front doors. as well as a back plate.

we have plates at the back.plate numbers on the side and firms numbers on the side as well.
we also have plate numbers inside along with some nice pictures of us.
the ph have much thge same but have bigger door signs.
some of them look more like cabs than we do. :shock:


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PostPosted: Thu Jun 23, 2005 9:13 pm 
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Location: Plymouth, i think, i'll just check the A to Z!
Cgull wrote:
steveo wrote:
our PH cars have a square sticker on the front doors. as well as a back plate.

we have plates at the back.plate numbers on the side and firms numbers on the side as well.
we also have plate numbers inside along with some nice pictures of us.
the ph have much thge same but have bigger door signs.
some of them look more like cabs than we do. :shock:


some firms (including mine) also have rear door adverts and full width roof signs. and like you say our PH cars look more like the local rural area HC, than that areas HC do.

all our HC are WAV, so no misunderstanding in the city...... that is apart from visitors, students and 90% of clubbers who cant understand why they cant get in..... :roll:


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