Taxi Driver Online

EXACTLY

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Legal and proud

Loads a love from BERTIE !!

What is ‘hire or reward’?

Where minibuses are operated as a core business activity for personal or commercial profit, this is deemed to be for ‘hire or reward’. Hire or reward' encompasses **any payment in cash or kind** by (or on behalf of) passengers which gives them the right to be carried.

Some commercial businesses i.e private nursing homes and school nurseries etc, operate minibuses as a small part of their business activity. In these cases, because the business gets paid a fee by their clients to be residents of their home, or children in their care, which indirectly includes the use of the minibus, this would be classed as ‘hire or reward’. Other examples of ‘hire or reward’ include where petrol money has been taken for taking children to school every day; or where courtesy coaches have been provided by a hotel as part of their amenities

If the minibus is to be used for 'Hire and Reward', then a Passenger Carrying Vehicle (PCV) - Category D Licence is required.

Driving a mini-bus with nine seats or more, for hire or reward.

In most circumstances you will need to obtain passenger carrying vehicle entitlement (PCV) which will involve a requirement to meet higher medical standards and take a further driving test. You will need to apply to your appropriate Traffic Commissioner and fulfil the necessary legal requirements. If you are being paid to drive a minibus for hire or reward under a PCV Operator’s Licence, you can only do so if you have full Category D1 entitlement obtained through the passing of the theory and practical test for this class of vehicle irrespective of when you passed your driving test to drive a car.

However, up to two vehicles each carrying no more than sixteen passesngers can be used for hire or reward under a restricted PCV Operator’s licence by a person or company that is not in the business of carrying passengers in vehicles adapted to carry more than eight passengers i.e by a taxi firm, where use of this size vehicle is not ‘regular’.
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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Theres been a lot said about limo contracts and contracts under section 75 but the bottom line is this. A contract isn't worth the paper it is written on if the activity constitutes hire or reward. Therefore it could be said that loopholes don't exist in the case of hire or reward because it is the activity itself that is illegal and such activity has been well established in case law.

Any payment of kind to anyone carrying out a business for the purpose of carrying passengers is "hire or reward". There are no exceptions whatsoever.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Why has no one ever been prosecuted who is operating this way?

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Grandad,

I don't know anyone who is operating in this way perhaps you can point us to a list of business that are? Realistically any prosecution is up to the powers that be but somewhere down the line I suspect these companies and the driver of the vehicle will be prosecuted.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

I personally think that no-one has been prosecuted because of the high standing of the person that came up with this solution, afterall this would also be the best person to defend any such allegations or prosecutions!!!!!

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Legal and proud

Loads a love from BERTIE !!

Perhaps no one has been prosecuted because the revelation is fairly new and those who could prosecute are basically clueless in respect of what constitutes hire or reward. The same prosecution complacency manifested itself in respect of clause 75 and Pink ladies. I suspect the same complacency will be evident in this particular scenario. I don't share your opinion that “high standing” has anything to do with prosecution.

The bare facts of the offence of hire or reward are well established and in respect of motor insurance the limitation of any insurance policy for the use of a vehicle that doesn't include the specific nature of hire or reward is also well established in law. Any person who knowingly hires out a vehicle knowing that the activity includes hire or reward is committing an offence. Any person driving a vehicle for hire or reward without the necessary insurance is also committing an offence.

There is no get out clause for any paid driver unless no payment is involved and the driving is done on a voluntary basis.

Under this scheme the limo contractors know the purpose of hire is for “hire or reward” therefore they are not only complicit in the offence they are the prime movers of the offence, always assuming that the insurance doesn't specify the vehicle can be used for hire or reward.

Perhaps you can enlighten us as to the identity of this person? Surely it is not our friend from Liverpool whose advice gave Pink Ladies a swift helping hand to the liquidators.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

I fully understand that but that takes us no-where.

The fact that the driver doesn't own/lease/hire/run the vehicle he is driving is irrelavant.

The driver is getting paid a wage for driving customers from A to B.

In fact it wouldn't matter if he was doing it for free. He is driving for 'hire and reward'.

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IDFIMH

Give TDO a few names and where they operate, and I'm sure someone will contact their local Traffic Commisoner and we will then get a reply.

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IDFIMH

I'm not sure that folks with high standards spend their time looking for loopholes.

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IDFIMH

This scam has gone on for far to long. at least one has had a tug.

www.carpages.co.uk/news/vosa-20-08-07.asp


Try this one
http://www.aclasslimos.co.uk/
and these
http://www.go-stretch.com/

http://www.hummerhummer.co.uk/

http://www.southsidehummerzines.com/

I really do hope these companies never find out what you have just done Mr no tips, i somehow think that both loaded barrels might just be coming your way, good luck matey

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Legal and proud

Loads a love from BERTIE !!

now 4 companies that you are trying to upset, god i hope your day comes, should any of these companies be taken to court and be given the all clear may i suggest you leave the country fella

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Legal and proud

Loads a love from BERTIE !!

What have i done . these companies are perfectly legal ...so they say....

are you saying they have something to hide...

anyone can get the web sites just go on google......thats why you have a web site kermit to advertise what you do......

Surely if they are doing no wrong, they have nothing to worry about..........

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