Taxi Driver Online

Our LO in his wisdom has decided that every driver must produce is Driving licence, his Badge (which he issues and as such knows who's got one etc).
His insurance cert and his complience cert.Every 3 months!!

Now he's in a habit of making up rules on a whim, but i thought they had to be added to the LGMPA as a bye law before they could enforce it? He'a an ex plod who was sacked from a local force for what i belive was an incident with a taxi driver.
And i'd love to catch to B$*@?^D out!!

anyone help?
The LO is in Warrington Cheshire

I've e-mailed you a copy.

The act basically allows councils to add whatever conditions they want to PH licenses, be they vehicle or driver. But these must be 'fair and reasonable'.

I would ask him to show where in your licensing conditions it says you must produce every 3 months, and when/where/whom passed them.

_________________
IDFIMH

And for everyone, some kind sole has made it easier for all of us to read this wonderful act.

www.taxi-driver.co.uk/LG(MP)A1976.pdf

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IDFIMH

Cheers Andy, i got it.

see we have everything on TDO.....all u have to do is ask?

Is he a Dover Sole?

Phone him (LO) up today to clarify the situation with the producer (above)

"hi mr ........., its smiffyz badge no .... i wonder if you can help me, i seem to have an old copy of the Licensing Conditions" Oh, ok geoff what can i do to help. "well i cant find the bit where it say's i have to produce my documents every 3 months"

Er, Er, Er, well it isnt in there actually.
"Oh, well in that case do i really have to then" (knowing dam well i dont)

Er, Er, Er. well in your case no you dont have to.

"But eveyone else still has to?"
Oh yes they do.

"you wont mind if i go to the other offices and put up a little note telling everyone what you've just told me then?"

Well, perhaps we should forget the idea for the moment.



And this wally is in charge of about 500 Taxi/PH in the town!

TDO/Smiffy 1- LO in the dark ages 0

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IDFIMH

I think you might find he is using section 53 of the LGMPA.

Regards

JD

53 Drivers' licences for hackney carriages and private hire vehicles

(1)

(a) Every licence granted by a district council under the provisions of this Part of this Act to any person to drive a private hire vehicle shall remain in force for three years from the date of such licence or for such lesser period as the district council may specify in such licence.

(b) Notwithstanding the provisions of the Public Health Act 1875 and the Town Police Clauses Act 1889, every licence granted by a district council under the provisions of the Act of 1847 to any person to drive a hackney carriage shall remain in force for three years from the date of such licence or for such lesser period as they may specify in such licence.

(2) Notwithstanding the provisions of the Act of 1847, a district council may demand and recover for the grant to any person of a licence to drive a hackney carriage, or a private hire vehicle, as the case may be, such a fee as they consider reasonable with a view to recovering the costs of issue and administration and may remit the whole or part of the fee in respect of a private hire vehicle in any case in which they think it appropriate to do so.

(3) The driver of any hackney carriage or of any private hire vehicle licensed by a district council shall at the request of any authorised officer of the council or of any constable produce for inspection his driver's licence either forthwith or—

(a) in the case of a request by an authorised officer, at the principal offices of the council before the expiration of the period of five days beginning with the day following that on which the request is made;

(b) in the case of a request by a constable, before the expiration of the period aforesaid at any police station which is within the area of the council and is nominated by the driver when the request is made.

(4) If any person without reasonable excuse contravenes the provisions of this section, he shall be guilty of an offence.

50 Provisions as to proprietors

(1) Without prejudice to the provisions of section 68 of this Act, the proprietor of any hackney carriage or of any private hire vehicle licensed by a district council shall present such hackney carriage or private hire vehicle for inspection and testing by or on behalf of the council within such period and at such place within the area of the council as they may by notice reasonably require:

Provided that a district council shall not under the provisions of this subsection require a proprietor to present the same hackney carriage or private hire vehicle for inspection and testing on more than three separate occasions during any one period of twelve months.

(2) The proprietor of any hackney carriage or private hire vehicle—

(a) licensed by a district council under the Act of 1847 or under this Part of this Act; or

(b) in respect of which an application for a licence has been made to a district council under the Act of 1847 or under this Part of this Act;
shall, within such period as the district council may by notice reasonably require, state in writing the address of every place where such hackney carriage or private hire vehicle is kept when not in use, and shall if the district council so require afford to them such facilities as may be reasonably necessary to enable them to cause such hackney carriage or private hire vehicle to be inspected and tested there.

(3) Without prejudice to the provisions of [section 170 of the Road Traffic Act 1988], the proprietor of a hackney carriage or of a private hire vehicle licensed by a district council shall report to them as soon as reasonably practicable, and in any case within seventy-two hours of the occurrence thereof, any accident to such hackney carriage or private hire vehicle causing damage materially affecting the safety, performance or appearance of the hackney carriage or private hire vehicle or the comfort or convenience of persons carried therein.

(4) The proprietor of any hackney carriage or of any private hire vehicle licensed by a district council shall at the request of any authorised officer of the council produce for inspection the vehicle licence for such hackney carriage or private hire vehicle and the certificate of the policy of insurance or security required by [Part VI of the Road Traffic Act 1988] in respect of such hackney carriage or private hire vehicle.

(5) If any person without reasonable excuse contravenes the provisions of this section, he shall be guilty of an offence.

73 Obstruction of authorised officers

(1) Any person who—

(a) wilfully obstructs an authorised officer or constable acting in pursuance of this Part of this Act or the Act of 1847; or

(b) without reasonable excuse fails to comply with any requirement properly made to him by such officer or constable under this Part of this Act; or

(c) without reasonable cause fails to give such an officer or constable so acting any other assistance or information which he may reasonably require of such person for the purpose of the performance of his functions under this Part of this Act or the Act of 1847;
shall be guilty of an offence.

(2) If any person, in giving any such information as is mentioned in the preceding subsection, makes any statement which he knows to be false, he shall be guilty of an offence.

Clearly this allows a council to do it, but somewhere it must be written down by any council that they are choosing to do it more times than most.

Otherwise it would lead to LOs deciding policy on their own. And we don't want that.

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IDFIMH

We already produce them twice a year on Test days (main test every 12 months and the 6 monthly check) he'd be hard pushed to explain why he insists on more.
He issues the vehicle compliance cert so he knows if we have them.
He issues the badge so he we have that also.
I dont have a problem with the insurance cert.
Nor with my driving licence.

The trouble is, he makes rule's up weekly.he started charging £12 for an insurance disc (for those on weekly insurance its expensive) but lost out when a driver took it to court, but no refunds were given. Mines a yearly policy but he wont give a disc on a cover note only a policy. Everybody knows the policy doesn't come for a few weeks after renewal, so he was taken to court over that and lost as well.
He's an ex plod and dont we all know it!!!