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 Post subject: unlicensed driving
PostPosted: Thu Jan 04, 2024 11:50 am 
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There is an interesting situation here at the minute. A driver decided to retire in November. He handed back his plates and badge and removed the meter from the car. However he has continued to carry some of his old regulars and also when people have phoned him to say they can't get a taxi to say the hospital, he has taken them. I do not know if any money changed hands other that say petrol money. He doesn't think he has done anything wrong.
Now I would guess that most if not all on here would say that what he was doing is illegal, however the argument being put forward by him is that he is doing nothing any different to what the local community transport group are doing but they are getting so much per mile for doing it.
I would be interested to hear anyones view on this argument before he get hauled before a licensing sub committee.

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 Post subject: Re: unlicensed driving
PostPosted: Thu Jan 04, 2024 12:35 pm 
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Even if he has only received "petrol Money" he has received some sort of payment . I think cars working community transport schemes have to have insurance which covers them for that. I think they also have to be registered via the community transport scheme.

I think a lot will depend on what sort of insurance cover the vehicle has because actual taxi or PH insurance is only valid if you have a valid plate.

there was an instance a few years ago locally with a local pensioner (never been a taxi driver) was doing something similar with trips to and from hospitals,airports etc. but only for a number of "acquaintances " and he got away with it because the council would not accept complaints from licensed drivers only if a "customer" lodged a complaint

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 Post subject: Re: unlicensed driving
PostPosted: Thu Jan 04, 2024 7:19 pm 
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Quote:
I would be interested to hear anyones view on this argument before he get hauled before a licensing sub committee.

Is his insurance company aware of what he is doing?

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 Post subject: Re: unlicensed driving
PostPosted: Thu Jan 04, 2024 7:25 pm 
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Grandad wrote:
I would be interested to hear anyones view on this argument before he get hauled before a licensing sub committee.

On what basis might he be "hauled before a licensing sub committee"?

No jurisdiction, I would have thought? :-k


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 Post subject: Re: unlicensed driving
PostPosted: Thu Jan 04, 2024 7:38 pm 
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No jurisdiction, I would have thought?


the police do and I thought councils could prosecure unlicensed drivers through the courts ?

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 Post subject: Re: unlicensed driving
PostPosted: Thu Jan 04, 2024 8:35 pm 
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grandad wrote:
There is an interesting situation here at the minute. A driver decided to retire in November. He handed back his plates and badge and removed the meter from the car. However he has continued to carry some of his old regulars and also when people have phoned him to say they can't get a taxi to say the hospital, he has taken them. I do not know if any money changed hands other that say petrol money. He doesn't think he has done anything wrong.
Now I would guess that most if not all on here would say that what he was doing is illegal, however the argument being put forward by him is that he is doing nothing any different to what the local community transport group are doing but they are getting so much per mile for doing it.
I would be interested to hear anyones view on this argument before he get hauled before a licensing sub committee.


How can I civilian be hauled before a licensing committee?

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 Post subject: Re: unlicensed driving
PostPosted: Thu Jan 04, 2024 10:33 pm 
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There was a driver in Shepway about 12 years ago who retired and carried on driving with no ph licence. Police got him and he got fined heavily, no insurance, dodgy car etc

Wasn't there a case known as the "Pink Ladies" in the Luton area who done that sort of thing, theirs became one of the legal test cases. They lost. And the case of the British insurers Bureau=v=someone whose name I forget but it's on here somewhere in the legal cases section. Workmate was giving his mate a lift to and from different work places regularly fr petrol money, matey got killed in an RTA, widow sued driver who wasn't insured. She had to sue BiB for the compo. Judge said it was more than social kindness to a friend or family.


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 Post subject: Re: unlicensed driving
PostPosted: Fri Jan 05, 2024 8:28 am 
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StuartW wrote:
Grandad wrote:
I would be interested to hear anyones view on this argument before he get hauled before a licensing sub committee.

On what basis might he be "hauled before a licensing sub committee"?

No jurisdiction, I would have thought? :-k

He was "invited" to an interview with a licensing officer just before Christmas. Fortunately for him someone "advised" him not to attend that meeting until he had sought legal advice. Maybe it is just a coincidence but on the members callender for later this month there is a licensing sub committee scheduled but it is not possible to know if it is for this case. I personally would not go to one in these circumstances because, as you say, it is not really a Council matter but the Council can take him to court if they so choose.

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 Post subject: Re: unlicensed driving
PostPosted: Fri Jan 05, 2024 8:59 pm 
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Pretty sure there is no legislation allowing a licensing committee to decide on the rights and wrongs of an unlicensed driver.

However, licensing officers are prosecuting authorities and could/should get involved.

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 Post subject: Re: unlicensed driving
PostPosted: Sat Jan 06, 2024 9:38 am 
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Sussex wrote:

However, licensing officers are prosecuting authorities and could/should get involved.
As they are prosecuting authorities are they allowed to investigate and interview people who may have breached the licensing rules? Or should that be passed on to the police?

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 Post subject: Re: unlicensed driving
PostPosted: Sat Jan 06, 2024 7:08 pm 
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grandad wrote:
Sussex wrote:

However, licensing officers are prosecuting authorities and could/should get involved.
As they are prosecuting authorities are they allowed to investigate and interview people who may have breached the licensing rules? Or should that be passed on to the police?

Either/or, it doesn't really matter.

The council can deal with the unlicensed side, and the police can deal with the insurance issue, and the unlicensed side as well if they wish.

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 Post subject: Re: unlicensed driving
PostPosted: Sat Jan 06, 2024 7:51 pm 
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Sussex wrote:
grandad wrote:
Sussex wrote:

However, licensing officers are prosecuting authorities and could/should get involved.
As they are prosecuting authorities are they allowed to investigate and interview people who may have breached the licensing rules? Or should that be passed on to the police?

Either/or, it doesn't really matter.

The council can deal with the unlicensed side, and the police can deal with the insurance issue, and the unlicensed side as well if they can be ars*d.

edited for more realism :lol:

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 Post subject: Re: unlicensed driving
PostPosted: Mon Jan 08, 2024 4:21 pm 
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 Post subject: Re: unlicensed driving
PostPosted: Thu Jan 18, 2024 2:32 am 
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Posts: 129
grandad wrote:
There is an interesting situation here at the minute. A driver decided to retire in November. He handed back his plates and badge and removed the meter from the car. However he has continued to carry some of his old regulars and also when people have phoned him to say they can't get a taxi to say the hospital, he has taken them. I do not know if any money changed hands other that say petrol money. He doesn't think he has done anything wrong.
Now I would guess that most if not all on here would say that what he was doing is illegal, however the argument being put forward by him is that he is doing nothing any different to what the local community transport group are doing but they are getting so much per mile for doing it.
I would be interested to hear anyones view on this argument before he get hauled before a licensing sub committee.


If he is not doing it for business use then it is perfectly legal and within the law. Asking for currency to pay for any fuel is fine. It's no different than any normal member of the public taking a family member to a restaurant or hospital and doing the same. Many do that and the driver will be covered under a normal policy for SDP use.

The reason we have business insurance as taxi drivers is due to the fact that we sell our service to the public. The policy both protects the driver, passenger and any member of the public who may get hit in an accident etc.

If there is no proof the driver did it for profit then there is no case.


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 Post subject: Re: unlicensed driving
PostPosted: Fri Feb 16, 2024 12:22 pm 
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The case is indeed there. There's been several cases like this on here before, some of which I mentioned in my earlier post. This chap carried people who were formerly ph/taxi customers as was the village idiot mentioned in my thread. If it is immediate family or close friends, it is classed as domestic or social kindness. If there's any sort of regular pattern, that goes beyond those bounds as is illegal.


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