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Is this legal????????????????????
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Author:  labraiz [ Sun Mar 16, 2008 6:03 pm ]
Post subject:  Is this legal????????????????????
If i have a operators license in area A & Take on drivers from area B but the drivers in area B only get jobs from their designated telephone number which is jobs coming in area B & nothing else and also drivers from area A could not get jobs from Area B is it legal or is it illegal??

Area A & B being 2 different licensing authorities
Author:  Sussex [ Sun Mar 16, 2008 6:21 pm ]
Post subject: 
Where the phone call is taken is the area that the vehicles and drivers must be licensed.

You can't, or shouldn't have, PH drivers from one area taking work that has been answered (or booked) from another licensed area.

Some folks say you can, but IMO they are wrong.
Author:  no tips [ Sun Mar 16, 2008 6:57 pm ]
Post subject: 
Sussex wrote:
Where the phone call is taken is the area that the vehicles and drivers must be licensed.

You can't, or shouldn't have, PH drivers from one area taking work that has been answered (or booked) from another licensed area.

Some folks say you can, but IMO they are wrong.



JUST TO MAKE THINGS CLEAR, jobs can be carried out outside the area which the phone ,& opporaters license is in . just as long as the opporaters license ,drivers and cars are all based in the same council district including the office (phone which takes the booking).
Author:  grandad [ Sun Mar 16, 2008 7:07 pm ]
Post subject: 
There is a company called limobroker that take bookings for stretched limousines and then company's based all over the UK do the work. I doubt that all the cars are licensed in the same area as the company taking the booking so is this illegal?
They also have non existant offices in Just about every city in the UK. The addresses given relate to bakers, jewellers and in one case even the probation service. Is this also illegal. You only haveto search for limo hire (any city) on google and they will almost certainly be listed several times on the first page.
Author:  Bart [ Sun Mar 16, 2008 7:51 pm ]
Post subject: 
Sussex wrote:
Where the phone call is taken is the area that the vehicles and drivers must be licensed.

You can't, or shouldn't have, PH drivers from one area taking work that has been answered (or booked) from another licensed area.



I assume it's different for Hacks?

I work London on a London plate and the phones are answered in Glasgow.
Author:  Tom Thumb [ Sun Mar 16, 2008 8:38 pm ]
Post subject: 
My understanding is this Labraiz.

Let's say you are a PH Operator in District A and you take bookings from a base in that District. You can accept jobs in that office for work in District A and can send either PH vehicles licensed in District A or Hacks Licensed anywhere to do the job.

If you take a booking in an Office in District A for a job in District B you can send either a PH from District A or a Hack from anywhere to do the job. You cannot send a PH licensed in District B.

With some argument the following could apply;

If you have a call centre in District B and answer phone there. The job can be dispatched from an Office in District A to a PH licensed in either A or B
Author:  no tips [ Sun Mar 16, 2008 8:54 pm ]
Post subject: 
So can a office in A ring a Hack from B to do a job..in A district.
Author:  Tom Thumb [ Sun Mar 16, 2008 9:24 pm ]
Post subject: 
Yes. If it is pre booked.
Author:  Sussex [ Sun Mar 16, 2008 9:25 pm ]
Post subject: 
grandad wrote:
I doubt that all the cars are licensed in the same area as the company taking the booking so is this illegal?

No.

But when do things have to be legal for elements of the Limo trade to abide by them? :shock:
Author:  Sussex [ Sun Mar 16, 2008 9:28 pm ]
Post subject: 
Bart wrote:
I assume it's different for Hacks?

I work London on a London plate and the phones are answered in Glasgow.

You are perfectly legal for two reasons.

1) You are a hackney carriage and, unless Newcastle win something this season, they don't need PH op licenses. Although you can have one if you like.

2) Scotland is a different country, so no taxi/PH rules from down here apply.
Author:  Sussex [ Sun Mar 16, 2008 9:29 pm ]
Post subject: 
Tom Thumb wrote:
With some argument the following could apply;

If you have a call centre in District B and answer phone there. The job can be dispatched from an Office in District A to a PH licensed in either A or B

How?
Author:  grandad [ Sun Mar 16, 2008 10:15 pm ]
Post subject: 
Sussex wrote:
grandad wrote:
I doubt that all the cars are licensed in the same area as the company taking the booking so is this illegal?

No.

But when do things have to be legal for elements of the Limo trade to abide by them? :shock:


It is not illegal then?
Author:  Tom Thumb [ Sun Mar 16, 2008 10:28 pm ]
Post subject: 
Sussex wrote:
Tom Thumb wrote:
With some argument the following could apply;

If you have a call centre in District B and answer phone there. The job can be dispatched from an Office in District A to a PH licensed in either A or B

How?


Sussex

My logic is that the new technology has left the law behind. I am not aware of any caselaw (JD's now going to prove me wrong) where it has focused on the legality of where the booking is taken.

I am aware of companies running an office and telephonist in one town, who answers the call and enters the booking. The booking then appears on a despatchers screen at another location, out of district. And on a Sunday for example the local office isn't opened (due to costs) and the calls are diverted to where the controller is sat.

We can all divert calls.

We can also get lost in the argument of who is providing the service. Operator A in District A takes a booking in District B and sends a PH car licensed in District B. If Operator A can show that the PH in B works for an Operator in B who he sub contracts work through it can get complicated. The driver could accept work on an XDA issued by Operator B.

Another example. If I choose to have the server that runs my web booker sat in a computer room in ....lets say Gibraltar, where am I accepting the booking? I can despatch my vehicles from anywhere in the world via the internet.

The law cannot cope with complex arrangements and I am not sure of many councils who would be prepared to spend the money to fight such a battle.
Author:  captain cab [ Sun Mar 16, 2008 10:45 pm ]
Post subject: 
Bart wrote:
Sussex wrote:
Where the phone call is taken is the area that the vehicles and drivers must be licensed.

You can't, or shouldn't have, PH drivers from one area taking work that has been answered (or booked) from another licensed area.



I assume it's different for Hacks?

I work London on a London plate and the phones are answered in Glasgow.


Think so.....JD will correct me but the DPP vs. Com Cab case covers this.

CC
Author:  captain cab [ Sun Mar 16, 2008 10:47 pm ]
Post subject: 
Tom Thumb wrote:
Sussex wrote:
Tom Thumb wrote:
With some argument the following could apply;

If you have a call centre in District B and answer phone there. The job can be dispatched from an Office in District A to a PH licensed in either A or B

How?


Sussex

My logic is that the new technology has left the law behind. I am not aware of any caselaw (JD's now going to prove me wrong) where it has focused on the legality of where the booking is taken.

I am aware of companies running an office and telephonist in one town, who answers the call and enters the booking. The booking then appears on a despatchers screen at another location, out of district. And on a Sunday for example the local office isn't opened (due to costs) and the calls are diverted to where the controller is sat.

We can all divert calls.

We can also get lost in the argument of who is providing the service. Operator A in District A takes a booking in District B and sends a PH car licensed in District B. If Operator A can show that the PH in B works for an Operator in B who he sub contracts work through it can get complicated. The driver could accept work on an XDA issued by Operator B.

Another example. If I choose to have the server that runs my web booker sat in a computer room in ....lets say Gibraltar, where am I accepting the booking? I can despatch my vehicles from anywhere in the world via the internet.

The law cannot cope with complex arrangements and I am not sure of many councils who would be prepared to spend the money to fight such a battle.


You said it yourself;

The law cannot cope with complex arrangements

My monies on JD telling you whats occuring is against current caselaw.

CC
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