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PostPosted: Wed Jan 23, 2008 5:43 am 
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Licensing and Regulation of Taxis and Private Hire Cars and their Drivers (Prohibited and Required Conditions) (Scotland) Regulations 1986/1238

This version in force from: August 14, 1986 to present

5. Revocation

The Local Authorities (Prohibited Conditions for Licensing of Taxis and Private Hire Cars and their Drivers) (Scotland) Regulations 1983 are hereby revoked.

_________________________

Licensing and Regulation of Taxis and Private Hire Cars and their Drivers (Prohibited and Required Conditions) (Scotland) Regulations 1986/1238

Explanatory Note

This version in force from: Date not available to present


Under section 20(1) of the Civil Government (Scotland) Act 1982 the Secretary of State is empowered to make regulations prescribing conditions which licensing authorities shall or shall not impose in granting licences in respect of taxis and private hire cars and their drivers. These regulations–

(a) revoke and re-enact the Local Authorities (Prohibited Conditions for Licensing of Taxis and Private Hire Cars and their Drivers) (Scotland) Regulations 1983 (S.I. 1983/1029) with–

(i) an amendment to the former regulation 2(a) (new regulation 3(b)) which makes it clear that a licensing authority may not impose any condition which would have the effect of limiting a taxi or private hire car operator to any specified number of vehicles, rather than to one vehicle;

(ii) a new provision which prohibits the imposition of any condition which would have the effect of restricting a taxi or private hire car to any particular mode of operation; and

(b) require the imposition of conditions which would have the effect of requiring a taxi operator, at any time when his vehicle is being used as a taxi-bus under a restricted PSV operator's licence, to display a notice indicating the nature of the service being provided and to display a fare table.

The provisions which have been re-enacted without modification are those which prohibit a licensing authority from imposing conditions which would have the effect of–

(a) requiring the licence holder to reside within the area of the licensing authority;

(b) prohibiting or restricting the use of radios or other means of communication in private hire cars or imposing additional conditions solely because they have radios; and

(c) preventing licence holders from engaging in other employment or business.

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Section 20.3b now reads

Licensing and Regulation of Taxis and Private Hire Cars and their Drivers (Prohibited and Required Conditions) (Scotland) Regulations 1986/1238

This version in force from: August 14, 1986 to present

3. Prohibited licensing conditions

No licensing authority shall impose conditions under the 1982 Act on any taxi licence, private hire car licence, taxi driver's licence or private hire car driver's licence which would have the effect of–

(a) limiting the operation of a taxi or private hire car to any of the following modes of operation, namely exclusive hire, carriage at separate fares or, in the case of a taxi only, provision of a local service; or

(b) limiting the number of vehicles for which the holder of a taxi licence or private hire car licence may hold licences; or

(c) requiring the holder of a taxi licence or private hire car licence or a taxi driver's licence or a private hire car driver's licence to reside within the area of the licensing authority; or

(d) prohibiting or restricting the use of radios or other means of external communication in private hire cars or imposing additional licensing conditions on the operation of private hire cars solely because they have radios or other means of external communication; or

(e) preventing the holder of a taxi licence or private hire car licence or a taxi driver's licence or a private hire car driver's licence from engaging in an employment or business other than that for which he is licensed.
__________________


Civic Government (Scotland) Act 1982 c. 45
Part II LICENSING AND REGULATION--PARTICULAR ACTIVITIES
Licensing and regulation of taxis and private hire cars

This version in force from: March 31, 2004 to present

20.— Regulations relating to taxis and private hire cars and their drivers.

(1) Notwithstanding paragraph 5(2) of Schedule 1 to this Act, the Secretary of State may by regulations provide that licensing authorities shall, in relation to taxi, private hire car, taxi drivers' or private hire car drivers' licences, impose such conditions or classes of conditions as may be prescribed in the regulations and shall not impose such other conditions or classes of conditions as may be so prescribed and may provide that such conditions shall be imposed or, as the case may be, shall not be imposed for different areas or classes of areas; and different conditions or classes of conditions may be prescribed in relation to different categories of taxi or private hire car..

(2) The Secretary of State may by regulations prescribe types, sizes and designs of vehicles for the purposes of section 10(4) of this Act and, in doing so, may prescribe different types, sizes or designs of vehicles in respect of different areas.

(2A) Without prejudice to the generality of subsections (1) and (2) above, regulations under those subsections may make such provision as appears to the Secretary of State to be necessary or expedient in relation to the carrying in taxis of disabled persons (within the meaning of section 1(2) of the Disability Discrimination Act 1995) and such provision may in particular prescribe—

(a) requirements as to the carriage of wheelchairs, guide dogs, hearing dogs and other categories of dog;

(b) a date from which any such provision is to apply and the extent to which it is to apply; and

(c) the circumstances in which an exemption from such provision may be granted in respect of any taxi or taxi driver,

and in this subsection—
“guide dog” means a dog which has been trained to guide a blind person;
“hearing dog” means a dog which has been trained to assist a deaf person; and
“other categories of dog” means such other categories of dog as the Secretary of State may prescribe, trained to assist disabled persons who have disabilities of such kinds as he may prescribe.
[

(2AA) The Scottish Ministers may by regulations make such provision as appears to them to be necessary or expedient in relation to the carrying in private hire cars of disabled persons (within the meaning of section 1(2) of the Disability Discrimination Act 1995 (c. 50)) and such provision may in particular prescribe—

(a) requirements as to the carriage of guide dogs, hearing dogs and other categories of dogs;

(b) a date from which any such provision is to apply and the extent to which it is to apply; and

(c) the circumstances in which an exemption from such provision may be granted in respect of any private hire car or private hire car driver,

and in this subsection “guide dog”, “hearing dog” and “other categories of dog” have the same meaning as in subsection (2A) above.

(2AB) Regulations under subsection (2AA) above may provide for the creation of offences and for making offenders liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2AC) Regulations under subsection (2AA) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of the Scottish Parliament.
]1

(3) Regulations under subsection (1) or (2) above shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

**(3) (B). Prohibited licensing conditions**

No licensing authority shall impose conditions under the 1982 Act on any taxi licence, private hire car licence, taxi driver's licence or private hire car driver's licence which would have the effect of–

(a) limiting the operation of a taxi or private hire car to any of the following modes of operation, namely exclusive hire, carriage at separate fares or, in the case of a taxi only, provision of a local service; or

(b) limiting the number of vehicles for which the holder of a taxi licence or private hire car licence may hold licences; or

(c) requiring the holder of a taxi licence or private hire car licence or a taxi driver's licence or a private hire car driver's licence to reside within the area of the licensing authority; or

(d) prohibiting or restricting the use of radios or other means of external communication in private hire cars or imposing additional licensing conditions on the operation of private hire cars solely because they have radios or other means of external communication; or

(e) preventing the holder of a taxi licence or private hire car licence or a taxi driver's licence or a private hire car driver's licence from engaging in an employment or business other than that for which he is licensed.
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PostPosted: Wed Jan 23, 2008 7:53 pm 
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I think these two paragraphs state that only the taxi owner can decide if he wants to run a WAV

(i) an amendment to the former regulation 2(a) (new regulation 3(b)) which makes it clear that a licensing authority may not impose any condition which would have the effect of limiting a taxi or private hire car operator to any specified number of vehicles, rather than to one vehicle;

Quote:
(ii) a new provision which prohibits the imposition of any condition which would have the effect of restricting a taxi or private hire car to any particular mode of operation;


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PostPosted: Wed Jan 23, 2008 8:16 pm 
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Are you taking the pee here Skippy?

The prohibited conditions referred to are fairly clear:

Quote:
No licensing authority shall impose conditions under the 1982 Act on any taxi licence, private hire car licence, taxi driver's licence or private hire car driver's licence which would have the effect of–

(a) limiting the operation of a taxi or private hire car to any of the following modes of operation, namely exclusive hire, carriage at separate fares or, in the case of a taxi only, provision of a local service;


What on earth has this to do with WAVs?

Quote:
(b) limiting the number of vehicles for which the holder of a taxi licence or private hire car licence may hold licences;


The meaning of this is quite clear surely - the council can't say you can only run a certain amount of vehicles.

You seem to be desperate to see every piece of law and legislation as justifying not running WAVs - soon you'll be saying that the foxhunting ban and the US Federal Reserve's decision to raise interest rates by 0.75% means that Borders taxi operators don't have to run WAVs :wink:


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PostPosted: Wed Jan 23, 2008 8:19 pm 
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Borders taxi operators don't have to run WAVs :wink: :lol: :lol: :lol: :D :D

we dont have to there is more than enogh cover by other meens :lol: :D :D


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PostPosted: Wed Jan 23, 2008 8:22 pm 
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skippy41 wrote:
Borders taxi operators don't have to run WAVs :wink: :lol: :lol: :lol: :D :D

we dont


Yes, I realised that, since that's why you're so worried about the possibility of having to run one :wink:


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PostPosted: Wed Jan 23, 2008 8:26 pm 
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Fae Fife wrote:
skippy41 wrote:
Borders taxi operators don't have to run WAVs :wink: :lol: :lol: :lol: :D :D

we dont


Yes, I realised that, since that's why you're so worried about the possibility of having to run one :wink:


The council did the right thing instead of going at it like a bull in a china shop, they called in all the disability groups and got them to ask all the clients if they would like to see WAVs as taxis they all said no.
So that is why we will not be having any :D :D :D


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PostPosted: Wed Jan 23, 2008 9:07 pm 
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Guys guys, you shouldn't be fighting each other.

It's us sasanaks you should be concentrating on. :roll: :roll:

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PostPosted: Wed Jan 23, 2008 9:11 pm 
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Sussex wrote:
Guys guys, you shouldn't be fighting each other.

It's us sasanaks you should be concentrating on. :roll: :roll:


awa und boil yer heed yer bam translated that means have a nice day :lol: :lol: :lol:
Sussex I made the big mistake of marring a Dundee lass tfk I managed to get a divorce they are a mad as a friut cakes them women
just to clarify her surname was Niven from belerno


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PostPosted: Wed Jan 23, 2008 9:28 pm 
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Sussex wrote:
It's us sasanaks you should be concentrating on. :roll: :roll:


OK, I know that sassenachs can't pronounce sassenachs (as with 'loch', which sassenachs tend to prounce 'lock'), but you could at least spell it correctly :lol:


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PostPosted: Wed Jan 23, 2008 9:29 pm 
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Fae Fife wrote:
Sussex wrote:
It's us sasanaks you should be concentrating on. :roll: :roll:


OK, I know that sassenachs can't pronounce sassenachs (as with 'loch', which sassenachs tend to prounce 'lock'), but you could at least spell it correctly :lol:

Clearly my spell-checker doesn't have a Scottish version. :roll: :roll:

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PostPosted: Wed Jan 23, 2008 9:31 pm 
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Sussex wrote:
Fae Fife wrote:
Sussex wrote:
It's us sasanaks you should be concentrating on. :roll: :roll:


OK, I know that sassenachs can't pronounce sassenachs (as with 'loch', which sassenachs tend to prounce 'lock'), but you could at least spell it correctly :lol:

Clearly my spell-checker doesn't have a Scottish version. :roll: :roll:


Well that's the spelling in the Oxford Dictionary of English. :roll:

Your spelling was so far out that the spellchecker probably wouldn't have picked it up anyway, even if it did contain the word :wink:


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PostPosted: Wed Jan 23, 2008 9:35 pm 
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Sussex it looks like fae fife has not had his Bucky yet, or taken his tablets thats why he is off his leash :lol: :lol: :lol:


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PostPosted: Wed Jan 23, 2008 9:39 pm 
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skippy41 wrote:
Sussex it looks like fae fife has not had his Bucky yet, or taken his tablets thats why he is off his leash :lol: :lol: :lol:

Oh I don't mind, anyway I might have to start learning your lingo as mini Sussex has found a nice Scottish lass. :-$

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PostPosted: Wed Jan 23, 2008 9:42 pm 
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Tell us where she's from, and we'll tell you whether she's "nice" or not :D


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PostPosted: Wed Jan 23, 2008 9:43 pm 
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Sussex wrote:
skippy41 wrote:
Sussex it looks like fae fife has not had his Bucky yet, or taken his tablets thats why he is off his leash :lol: :lol: :lol:

Oh I don't mind, anyway I might have to start learning your lingo as mini Sussex has found a nice Scottish lass. :-$


LOL Susex as long as she is not from dundee he will be fine :wink:

BTW the haggis shooting season starts this month fancy comeing :lol: :lol: :wink:


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