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Law Commission sets out proposals
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Author:  Brummie Cabbie [ Tue Jan 21, 2014 11:22 pm ]
Post subject:  Law Commission sets out proposals
LAW COMMISSION ON TAXI AND PRIVATE HIRE SERVICES SETS OUT IT PROPOSALS FOR THE FUTURE
In a statement today made at the NALEO National Training Event held at the Puma Daventry Court Hotel, Daventry, Northants, Ms Jessica Uguccioni of the Law Commission outlined the methodology behind the Commission’s work on taxi and private hire services.
Jessica stated that although a draft bill is being prepared hopefully to be published in April 2014 it will depend on Government whether it decides to implement the Law Commission’s recommendations, and even if they do, whether further changes may result during the parliamentary process. Only if the Government of the day decided to accept the proposals (and any amendments) could new legislation result. It is unlikely to occur in the immediate future.
Major proposals include:
 Maintaining a two tier system with only licensed taxis being allowed to pick up via hails or at ranks ;
 Replacing plying for hire with a statutory definition of private hire bookings through licensed operators;
 Officers to have the statutory power to require private hire vehicles or out-of-area taxis to move on thereby removing the vehicles from being on display to the public;
 The retention of taxi quantity controls and in areas with a plate value those plates to continue to be transferable;
 Pedicabs and stretched limousines to be brought within the scope of licensing;
 Wedding and Funeral cars to continue to be exempted;
 National safety standards for both services with Ministers having the power to set standards for enforcement, safety, accessibility and the environment;
 In respect of taxis only authorities could set additional standards
 Cross border rules for taxis remains the same;
 Cross border for private hire would remove the “three licences from one council” rule with operators able to operate anywhere;
 Operator definition narrowed to dispatch functions;
 Intermediaries inviting or accepting bookings guilty of an offence if reckless to services provided being via unlicensed persons;
 Ministers to set standards for promoting accessibility;
 New duty on drivers to stop in specified circumstances;
 Mandatory disability awareness training for all licensed drivers;
 New enforcement powers including:
o Powers to stop licensed vehicles by accredited officers;
o Power to impound vehicles for serious breaches by accredited officers;
o New fixed penalty schemes;
o Cross border enforcement powers in respect of other borough vehicles and drivers;
 More uniform appeals procedure: an optional reconsideration stage with the licensing authority;
 Magistrates’ Courts to continue to hear appeals with an option of further appeal to the Crown Court; and
 Simplified judicial review procedure in the County Court in respect of challenging local taxi conditions.
Author:  Brummie Cabbie [ Tue Jan 21, 2014 11:24 pm ]
Post subject:  Re: Law Commission sets out proposals
Further web page links as follows;

https://dub110.mail.live.com/default.as ... 1688367834

https://dub110.mail.live.com/default.as ... =861568441
Author:  toots [ Wed Jan 22, 2014 1:43 am ]
Post subject:  Re: Law Commission sets out proposals
Quote:
Cross border for private hire would remove the “three licences from one council” rule with operators able to operate anywhere


Private hire vehicles can already pick up and drop off anywhere in the country provided it is booked through an operator within their council, so in effect and the way I see it is, provided the driver license and vehicle license are with the same council a driver could in fact work anywhere as there is nothing to stop a driver working with more than one operator, unless of course that is to change, but, I don't see how as that restricts their self employment. In which case why not just have a national license body and be done with the councils. I think it's rather messy myself. Also if the operator has an app would that constitute being booked through an operator because if it does then I can see private hire behaving as the hackneys do with their apps.
Author:  andycable [ Wed Jan 22, 2014 5:55 am ]
Post subject:  Re: Law Commission sets out proposals
Brummie Cabbie wrote:
Further web page links as follows;

https://dub110.mail.live.com/default.as ... 1688367834

https://dub110.mail.live.com/default.as ... =861568441


Links don't work for me Brummie :cry:
Author:  grandad [ Wed Jan 22, 2014 7:45 am ]
Post subject:  Re: Law Commission sets out proposals
toots wrote:
Quote:
Cross border for private hire would remove the “three licences from one council” rule with operators able to operate anywhere


Private hire vehicles can already pick up and drop off anywhere in the country provided it is booked through an operator within their council, so in effect and the way I see it is, provided the driver license and vehicle license are with the same council a driver could in fact work anywhere as there is nothing to stop a driver working with more than one operator, unless of course that is to change, but, I don't see how as that restricts their self employment. In which case why not just have a national license body and be done with the councils. I think it's rather messy myself. Also if the operator has an app would that constitute being booked through an operator because if it does then I can see private hire behaving as the hackneys do with their apps.

Reading this in conjunction with the post on personal licenses the other day, I think that a driver will get a badge from any council and be able to drive a car licensed by another council. IE a licensed private Hire driver can drive any licensed Private Hire vehicle.
Author:  Brummie Cabbie [ Wed Jan 22, 2014 8:56 am ]
Post subject:  Re: Law Commission sets out proposals
andycable wrote:
Brummie Cabbie wrote:
Further web page links as follows;

https://dub110.mail.live.com/default.as ... 1688367834

https://dub110.mail.live.com/default.as ... =861568441
Links don't work for me Brummie :cry:
Sorry they don't work now.

One is a PowerPoint presentation and the other is the text as in the original post on this thread.
Author:  Brummie Cabbie [ Wed Jan 22, 2014 9:04 am ]
Post subject:  Re: Law Commission sets out proposals
grandad wrote:
toots wrote:
Quote:
Cross border for private hire would remove the “three licences from one council” rule with operators able to operate anywhere
Private hire vehicles can already pick up and drop off anywhere in the country provided it is booked through an operator within their council, so in effect and the way I see it is, provided the driver license and vehicle license are with the same council a driver could in fact work anywhere as there is nothing to stop a driver working with more than one operator, unless of course that is to change, but, I don't see how as that restricts their self employment. In which case why not just have a national license body and be done with the councils. I think it's rather messy myself. Also if the operator has an app would that constitute being booked through an operator because if it does then I can see private hire behaving as the hackneys do with their apps.
Reading this in conjunction with the post on personal licenses the other day, I think that a driver will get a badge from any council and be able to drive a car licensed by another council. IE a licensed private Hire driver can drive any licensed Private Hire vehicle.

That's exactly how I read it.

Which begs the question; If I want to have a PH driver's licence from Bunny in Nottinghamshire, drive a PH vehicle licensed in Tow Law, County Durham, work for a PH operator licensed in Barcelona in Cornwall [yes there is such a place] most of whose work is in LONDON, what is to stop me?
Author:  Brummie Cabbie [ Wed Jan 22, 2014 9:06 am ]
Post subject:  Re: Law Commission sets out proposals
Try these links instead. I don't know if they will work though.

https://a.gfx.ms//ppt_57.png

https://a.gfx.ms//docx_57.png
Author:  Brummie Cabbie [ Wed Jan 22, 2014 9:07 am ]
Post subject:  Re: Law Commission sets out proposals
Sorry they don't work either.
Author:  Sussex [ Wed Jan 22, 2014 9:30 am ]
Post subject:  Re: Law Commission sets out proposals
Brummie Cabbie wrote:
Which begs the question; If I want to have a PH driver's licence from Bunny in Nottinghamshire, drive a PH vehicle licensed in Tow Law, County Durham, work for a PH operator licensed in Barcelona in Cornwall [yes there is such a place] most of whose work is in LONDON, what is to stop me?

Same for taxi drivers if I read the EU bit correct.
Author:  Sussex [ Wed Jan 22, 2014 9:33 am ]
Post subject:  Re: Law Commission sets out proposals
Brummie Cabbie wrote:
Sorry they don't work either.

I think you opening post says all that needs to be said.

Basically the LC are saying this is what we think, when we already knew, the gov can do what they like with it, which we already knew, and it won't happen soon, if at all, which once again we already knew.

Just hope the lunch was nice. :roll: :roll: :roll: :roll:
Author:  grandad [ Wed Jan 22, 2014 10:37 am ]
Post subject:  Re: Law Commission sets out proposals
Brummie Cabbie wrote:

Which begs the question; If I want to have a PH driver's licence from Bunny in Nottinghamshire, drive a PH vehicle licensed in Tow Law, County Durham, work for a PH operator licensed in Barcelona in Cornwall [yes there is such a place] most of whose work is in LONDON, what is to stop me?

Probably nothing.
Author:  cab 44 [ Tue Feb 11, 2014 2:41 am ]
Post subject:  Re: Law Commission sets out proposals
 Replacing plying for hire with a statutory definition of private hire bookings through licensed operators;
 Officers to have the statutory power to require private hire vehicles or out-of-area taxis to move on thereby removing the vehicles from being on display to the public;
 The retention of taxi quantity controls and in areas with a plate value those plates to continue to be transferable;

Could someone please explain these 3 to me with abit more detail?
Thank you.
Author:  Sussex [ Tue Feb 11, 2014 9:50 am ]
Post subject:  Re: Law Commission sets out proposals
cab 44 wrote:
 Replacing plying for hire with a statutory definition of private hire bookings through licensed operators;
 Officers to have the statutory power to require private hire vehicles or out-of-area taxis to move on thereby removing the vehicles from being on display to the public;
 The retention of taxi quantity controls and in areas with a plate value those plates to continue to be transferable;

Could someone please explain these 3 to me with abit more detail?
Thank you.

Hackneys to have operator's licenses.
Officials to have powers to move on licenced vehicles not licensed by them.
Keeping of taxi quotas.
Author:  cab 44 [ Tue Feb 11, 2014 3:55 pm ]
Post subject:  Re: Law Commission sets out proposals
Sussex wrote:
cab 44 wrote:
 Replacing plying for hire with a statutory definition of private hire bookings through licensed operators;
 Officers to have the statutory power to require private hire vehicles or out-of-area taxis to move on thereby removing the vehicles from being on display to the public;
 The retention of taxi quantity controls and in areas with a plate value those plates to continue to be transferable;

Could someone please explain these 3 to me with abit more detail?
Thank you.

Hackneys to have operator's licenses.
Officials to have powers to move on licenced vehicles not licensed by them.
Keeping of taxi quotas.

So every individual Hackney would need a operators licence to be able to pick up from the street?
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