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PostPosted: Fri Aug 10, 2012 10:48 am 
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This morning we have been asked to quote for a new PH driver in Reading. The chap has not been in the UK for very long, about 10 months. He got his UK license about 6 months ago and his badge about 1 month ago.

I am sure he is a very decent fellow but in a large busy town like Reading how can it be right that the council consider him to be suitable as a PH driver? In fact they may well not, its just they are not allowed to say no. I'm not sure what if any knowledge test is required for Reading, but having been there, I'm sure it would take a good while to learn to find you way aropund even with sat nav.

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PostPosted: Fri Aug 10, 2012 7:03 pm 
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2 Jobs wrote:
This morning we have been asked to quote for a new PH driver in Reading. The chap has not been in the UK for very long, about 10 months. He got his UK license about 6 months ago and his badge about 1 month ago.

He needs to have had a full UK license for 12 months to be able to get a license. :roll: :roll:

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PostPosted: Fri Aug 10, 2012 8:34 pm 
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Sussex wrote:
2 Jobs wrote:
This morning we have been asked to quote for a new PH driver in Reading. The chap has not been in the UK for very long, about 10 months. He got his UK license about 6 months ago and his badge about 1 month ago.

He needs to have had a full UK license for 12 months to be able to get a license. :roll: :roll:


Seems he just needs 5 months in his parish..


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PostPosted: Fri Aug 10, 2012 9:44 pm 
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Sussex wrote:
He needs to have had a full UK license for 12 months to be able to get a license.

I'm intrigued, where does it say that?

It would fly in the face of the EU who insist on free movement of labour for a start. I think that holding a driving licence for a year from any EU country would be the best that could be insisted upon.

I am not saying I disagree with it in principle, but currently it would surely be unenforceable.

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PostPosted: Fri Aug 10, 2012 10:15 pm 
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Chris the Fish wrote:
Sussex wrote:
He needs to have had a full UK license for 12 months to be able to get a license.

I'm intrigued, where does it say that?

Section 59 of 1976 Act
Qualifications for drivers of hackney carriages (1) Notwithstanding anything in the Act of 1847, a district council shall not grant a licence to drive a hackney carriage—
(a) unless they are satisfied that the applicant is a fit and proper person to hold a driver's licence; or
[(b) to any person who has not for at least twelve months been authorised to drive a motor car, or is not at the date of the application for a driver's licence so authorised].
1(1A) ...]
[(1A) For the purposes of subsection (1) of this section a person is authorised to drive a motor car if—
(a) he holds a licence granted under Part III of the Road Traffic Act 1988 (not being a provisional licence) authorising him to drive a motor car, or (b) he is authorised by virtue of section 99A(1) [or section 109(1)] of that Act to drive in Great Britain a motor car.]
(2) Any applicant aggrieved by the refusal of a district council to grant a driver's licence on the ground that he is not a fit and proper person to hold such licence may appeal to a magistrates' court.


Similar wording in section 51 for PH drivers.

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PostPosted: Fri Aug 10, 2012 10:36 pm 
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Thought you were going along those lines.

EU legislation has gazzumped all of that.

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PostPosted: Sat Aug 11, 2012 1:05 am 
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Some areas you need a full driving licence for 3 years before you can apply for a PH or HC badge.


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PostPosted: Sat Aug 11, 2012 1:20 am 
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Chris the Fish wrote:
Sussex wrote:
He needs to have had a full UK license for 12 months to be able to get a license.

I'm intrigued, where does it say that?

It would fly in the face of the EU who insist on free movement of labour for a start. I think that holding a driving licence for a year from any EU country would be the best that could be insisted upon.

I am not saying I disagree with it in principle, but currently it would surely be unenforceable.


But that free movement rule only applies to People from within the European union...The Original article did'nt say where he came from, may well have been Kyrgyzstan for all we know and EU rules would mean bugger all.


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PostPosted: Sat Aug 11, 2012 6:24 am 
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Chris the Fish wrote:
Thought you were going along those lines.

EU legislation has gazzumped all of that.

Only if they have come with an EU license.

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PostPosted: Sat Aug 11, 2012 8:37 am 
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Eiji wrote:
Some areas you need a full driving licence for 3 years before you can apply for a PH or HC badge.

That's naughty!

There was a case in Wales [Keith Jeffrey Solicitors, I think] that challenged that and won for a lady that had applied for a licence and had only had a DVLA licence for about 19-months or so and was refused.

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PostPosted: Sat Aug 11, 2012 11:35 am 
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bloodnock wrote:
Chris the Fish wrote:
Sussex wrote:
He needs to have had a full UK license for 12 months to be able to get a license.

I'm intrigued, where does it say that?

It would fly in the face of the EU who insist on free movement of labour for a start. I think that holding a driving licence for a year from any EU country would be the best that could be insisted upon.

I am not saying I disagree with it in principle, but currently it would surely be unenforceable.


But that free movement rule only applies to People from within the European union...The Original article didn't say where he came from, may well have been Kyrgyzstan for all we know and EU rules would mean bugger all.

You are quite right Bloodnock - I thought it was clear that I had meant within the EU - I agree that the original article did not specify the origin of the chap(ess) asking for insurance.

A UK licence isn't even required to become Hackney or PH, in Plymouth applicants for first issue or renewal have to sign a request to the DVLA, to show the driving history that would have, if driving on a UK Licence.

Now if insurance companies were to insist on a UK Driving Licence being held - and I am not aware of any reason why they should not - an awful lot of potential problems would be avoided.

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PostPosted: Sat Aug 11, 2012 7:06 pm 
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Brummie Cabbie wrote:
That's naughty!

There was a case in Wales [Keith Jeffrey Solicitors, I think] that challenged that and won for a lady that had applied for a licence and had only had a DVLA licence for about 19-months or so and was refused.

Indeed naughty, but that was only a Mags Court.

That said the Court got it right 100%. =D>

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PostPosted: Mon Aug 13, 2012 12:40 pm 
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Yup, did come to UK from Pakistan via Germany. Should've mad that clear. It was his UK counterpart he got 6 months ago having obtained a German license whilst there.

A colleague was speaking to a chap this morning who was calling for a quote on behalf of his friend. Whilst the friend had lived here 18 years, he didn't speak very good English so got his friend to make the calls on his behalf.

There must be an argument for the LC to impose a "fluent in English" requirement for issuing a badge?

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PostPosted: Mon Aug 13, 2012 5:23 pm 
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2 Jobs wrote:
There must be an argument for the LC to impose a "fluent in English" requirement for issuing a badge?

Indeed it's not asking too much for drivers to be able to converse properly in the local language.

And I think the LC aren't that PC, so you never know.

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PostPosted: Mon Aug 13, 2012 10:26 pm 
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Sussex wrote:
2 Jobs wrote:
There must be an argument for the LC to impose a "fluent in English" requirement for issuing a badge?

Indeed it's not asking too much for drivers to be able to converse properly in the local language.

And I think the LC aren't that PC, so you never know.


Personally I think the best you can expect from the LC is a 'suggestion' of 'fluent in English' should be a requirement as they have already stated they have no idea what national standards may be set

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