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 Post subject: Re: new licensing Policy
PostPosted: Mon Apr 24, 2017 3:58 pm 
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Posts: 59
mancityfan wrote:
Deks wrote:
mancityfan wrote:
An operator’s licence is granted for a period of two or five years. The fee for an operator’s licence is (a) pro-rata for the period applied for and (b) based on the number of cars they operate. An operator must also fulfil the test to be a ‘fit and proper person’ to hold a licence. They should therefore hold a driver’s badge or satisfy the requirements for a driver as set out in part three above.

Operators licences are for 5 years, only in exceptional circumstances can they be issued for less and only applies to individuals not companies.


Can you link me to this
as I'll enjoy challenging something else


http://www.legislation.gov.uk/ukpga/201 ... ision/5/10


thank you I am going to enjoy the next couple of days


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 Post subject: Re: new licensing Policy
PostPosted: Mon Apr 24, 2017 4:00 pm 
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Posts: 59
mancityfan wrote:
Deks wrote:
mancityfan wrote:
Damage to licensed vehicles
Any damage to a licensed vehicle must be notified to a council enforcement officer as soon as possible and in any case within 48 hours. Unless the vehicle is so severely damaged that it will never again be serviceable as a licensed vehicle, the council will make an appointment for the driver to produce the vehicle for inspection.

I've had enough now, this council have decided there above the law of the land, and have decided to re-write the law.


They certainly seem to think so

challenging them is basically ignored the two people that oversee us just will not accept anything we say

all smug and smiley out others faces but do as they want


This is basic stuff any licensing officer should no this and if he doesn't he should be sacked, also the trade should have picked this basic error up. So go and tell them to change it because they can't re-write statute.
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.


problem here is trade doesn't have an association no one really wants to take the council to task, the association we previously had folded because no support from the trade and council would not listen it it. in fact revelled in the fact association had no funding and was not in a position to challenge them in court


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 Post subject: Re: new licensing Policy
PostPosted: Mon Apr 24, 2017 4:19 pm 
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Joined: Tue Oct 23, 2007 12:39 pm
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Email every councillor on the committee that passed this and ask them why they have passed it with it being wrong, ask them how they can re-write statute, also ask them what training they were given or do they just accept what dimwit licensing officers tell them.


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 Post subject: Re: new licensing Policy
PostPosted: Mon Apr 24, 2017 4:42 pm 
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mancityfan wrote:


Email every councillor on the committee that passed this and ask them why they have passed it with it being wrong, ask them how they can re-write statute, also ask them what training they were given or do they just accept what dimwit licensing officers tell them.


Now that I like.

I ve just sent an email to licensing officer who wrote it, hi boss and 2 councillors
to ask why they altered Statute on accident reporting
and why they have changed deregulation act on operators licence

suggested that maybe this policy wasn't fit for purpose as they claimed the last one wasn't(written by the same person)

Now I think I'll email all councillors involved in passing the policy as suggested


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 Post subject: Re: new licensing Policy
PostPosted: Fri Jul 14, 2017 3:54 pm 
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Posts: 59
I made a complaint about the time required for reporting damage as council policy is different from statute law
I also bought up the issue of driver personal licenses and vehicle operator licences as our council does them for 1 or 3 years

Here is the response I Jut got today... complaint made in April


Dear Mr Hudson

I am writing in response to your letter submitted on 26 April 2017 regarding the Taxi Licensing Policy.

Your reference to the way the Policy was taken through the consultation and committee process has already been addressed in previous correspondence with you and we have nothing further to add on that issue. The policy was considered by the Community Committee and the Policy and Resources Committee and followed due process.

Your comments about points of law appear to conflate legislative and policy issues. On the matter of reporting accidents cited in your email, we are entitled to determine our own policy so long as it complies with the legislation. I do not wish to get drawn into individual scenarios but I am satisfied that the policy has been examined by our legal officers and will stand up to scrutiny in the magistrates court.

In respect of the period of time to grant licences, the periods were introduced to prevent council's issuing only annual licences as a matter of policy; the intention of the legislation was to ensure that applicants could have a three year driver's licence and a five year operators licence if they wished. The feedback from the licence holders when the legislation came in is they they would prefer a one year licence or three licence but there is no reason why they cannot have a two year licence as the fee is a straightforward pro-rata calculation. I have the authority to amend the provision and this will be considered after the meeting with the professions in July 2017.

If you are still not satisfied with the response then in light of all previous correspondence I have agreed with the Assistant Director that the council's complaints process has been exhausted and you should write directly to the Local Government Ombudsman. Details can be found at www.lgo.org.uk/.


--
Douglas Rattray,
Head of Safer Neighbourhoods,
Canterbury City Council.
01227862363


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 Post subject: Re: new licensing Policy
PostPosted: Sun Jul 16, 2017 4:04 pm 
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Posts: 24250
Location: Twixt Heaven and Hell, but nearest Hell
mancityfan wrote:
Driving
All taxi and private drivers must also pass the Driving Standards Agency (DSA) taxi driving test or similar approved test.



5hit, we would have no drivers left here

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 Post subject: Re: new licensing Policy
PostPosted: Sun Jul 16, 2017 8:24 pm 
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Joined: Tue Oct 23, 2007 12:39 pm
Posts: 1570
Deks wrote:
I made a complaint about the time required for reporting damage as council policy is different from statute law
I also bought up the issue of driver personal licenses and vehicle operator licences as our council does them for 1 or 3 years

Here is the response I Jut got today... complaint made in April


Dear Mr Hudson

I am writing in response to your letter submitted on 26 April 2017 regarding the Taxi Licensing Policy.

Your reference to the way the Policy was taken through the consultation and committee process has already been addressed in previous correspondence with you and we have nothing further to add on that issue. The policy was considered by the Community Committee and the Policy and Resources Committee and followed due process.

Your comments about points of law appear to conflate legislative and policy issues. On the matter of reporting accidents cited in your email, we are entitled to determine our own policy so long as it complies with the legislation. I do not wish to get drawn into individual scenarios but I am satisfied that the policy has been examined by our legal officers and will stand up to scrutiny in the magistrates court.

In respect of the period of time to grant licences, the periods were introduced to prevent council's issuing only annual licences as a matter of policy; the intention of the legislation was to ensure that applicants could have a three year driver's licence and a five year operators licence if they wished. The feedback from the licence holders when the legislation came in is they they would prefer a one year licence or three licence but there is no reason why they cannot have a two year licence as the fee is a straightforward pro-rata calculation. I have the authority to amend the provision and this will be considered after the meeting with the professions in July 2017.

If you are still not satisfied with the response then in light of all previous correspondence I have agreed with the Assistant Director that the council's complaints process has been exhausted and you should write directly to the Local Government Ombudsman. Details can be found at http://www.lgo.org.uk/.


--
Douglas Rattray,
Head of Safer Neighbourhoods,
Canterbury City Council.
01227862363



Seems like an offer to good to refuse, the Ombudsman won't look at it till all avenues have been exhausted, this says that they have, so time to go to him, and for them to "we are entitled to determine our own policy so long as it complies with the legislation" statement, well it doesn't comply with the legislation. Also the Ombudsman is freeeeeeee


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 Post subject: Re: new licensing Policy
PostPosted: Sun Jul 16, 2017 11:07 pm 
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mancityfan wrote:


Seems like an offer to good to refuse, the Ombudsman won't look at it till all avenues have been exhausted, this says that they have, so time to go to him, and for them to "we are entitled to determine our own policy so long as it complies with the legislation" statement, well it doesn't comply with the legislation. Also the Ombudsman is freeeeeeee


funnily enough when I reading the response to a colleague earlier it suddenly dawned on me that his statement doesn't comply with legislation


Ive been ombudsman route before over licensing issues they wrongly sided with the council over breakdown of fees although Ive since learnt they usually do

I know what they are doing wholesale is wrong but can't fund a barrister to challenge

i will try the ombudsman though nothing to lose


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 Post subject: Re: new licensing Policy
PostPosted: Sun Jul 16, 2017 11:09 pm 
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Joined: Thu Jan 14, 2016 6:03 pm
Posts: 59
wannabeeahack wrote:
mancityfan wrote:
Driving
All taxi and private drivers must also pass the Driving Standards Agency (DSA) taxi driving test or similar approved test.



5hit, we would have no drivers left here


You would DSA scrapped taxi tests last year so not sure who council intends us to sit a test with


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 Post subject: Re: new licensing Policy
PostPosted: Tue Aug 27, 2024 7:31 pm 
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Posts: 37338
Location: Wayneistan
will need this for future reference, sorry for the push up, I hope you understand :wink:

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