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PostPosted: Thu Feb 15, 2007 8:44 am 
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GA wrote:
But people are not, people are trying to change the laws that don't suit.


The problem with the argument in respect private hire vehicles is first to conclude that a problem exists. I personally do not see a problem and I certainly don't believe the law should be changed so that every private hire vehicle is obliged to be wheelchair accessible? I don't even believe that every hackney carriage vehicle should be wheelchair accessible either?

I suspect there might be more people who think my way, than your way?

Laws only need changing when they are inconsistently framed, incompatible with the aims they try to achieve, outdated or work against natural justice.

I don't believe section 48 (A) of the 1976 act fits into any of those categories.

If you care to explain what's wrong with section 48 (A) then people can judge for themselves. Section 75 1 B was a catastrophe and how you can compare the two is beyond me and probably every other reasonably sane individual.

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JD


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PostPosted: Thu Feb 15, 2007 8:50 am 
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jimbo wrote:
But Brighton Council seem to think they can force new Hackney Carriage Proprietors to license a WAV, and subsequently turn that Hack into a Private Hire vehicle by imposing a condition where they must join a circuit, and must accept all bookings when told to!

To all aggrieved WAV owners in Brighton, I would say, form your own circuit, utilising www.taxi-call.info/ Set up will cost you less than one weeks circuit rent, and you will be your own masters.


I can see the reasoning behind it but I doubt it can be legally enforced. It certainly couldn't be morally enforced but it doesn't surprise me that these councillors couldn't see that.

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JD


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PostPosted: Thu Feb 15, 2007 10:38 am 
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JD wrote:
jimbo wrote:
But Brighton Council seem to think they can force new Hackney Carriage Proprietors to license a WAV, and subsequently turn that Hack into a Private Hire vehicle by imposing a condition where they must join a circuit, and must accept all bookings when told to!

To all aggrieved WAV owners in Brighton, I would say, form your own circuit, utilising www.taxi-call.info/ Set up will cost you less than one weeks circuit rent, and you will be your own masters.


I can see the reasoning behind it but I doubt it can be legally enforced. It certainly couldn't be morally enforced but it doesn't surprise me that these councillors couldn't see that.

Regards

JD


I'm not so sure JD, surely any case would evolve around the reasonableness of the decision?

Given the evidence of a demand for WAV's on radio circuits provided by the survey company, perhaps it was a reasonable decision based upon the evidence before the council.

Presumably the condition will be attached to the grant of the HC Proprietors license....the person signing the form will be aware of the condition....and perhaps accept it.

Should be interesting.

regards

CC

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PostPosted: Thu Feb 15, 2007 12:01 pm 
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captain cab wrote:
I'm not so sure JD, surely any case would evolve around the reasonableness of the decision?

Given the evidence of a demand for WAV's on radio circuits provided by the survey company, perhaps it was a reasonable decision based upon the evidence before the council.

Presumably the condition will be attached to the grant of the HC Proprietors license....the person signing the form will be aware of the condition....and perhaps accept it.

Should be interesting.

regards

CC


The only point they could go with is the fact that when the applicant signed the licence form they agreed to the conditions of acceptence but there is nothing in the 1847 act or the 1976 act that states a hackney carriage must install a radio or even worse, work from a radio. Therefore the condition in my opinion would be ultra vires.

You're presuposing they have the legal right to make such a condition I believe the exact opposite.

A survey company can highlight the need for wavs anywhere it wants but what it and the council cannot do, is tell a taxi driver how to work, when to work or where to work?

Regards

JD


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PostPosted: Thu Feb 15, 2007 1:31 pm 
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JD wrote:
The problem with the argument in respect private hire vehicles is first to conclude that a problem exists. I personally do not see a problem and I certainly don't believe the law should be changed so that every private hire vehicle is obliged to be wheelchair accessible? I don't even believe that every hackney carriage vehicle should be wheelchair accessible either?

Regards

JD


This is where the differance between a HC and a PH vehicle are not properly considered.

A HC vehicle licence is a licence to operate that vehicle in its own right.
A PH vehicle Licence is a licence to use that particular vehicle to undertake bookings through a licensed PH operator.

My points related to operators, and their responsibilities. The decision to provide services should be made upon the demands placed upon the operator and I see no reason why a WAV couldn't be licensed as PH if a demand is identified.

I would suggest that the reason PH operators want HC plates for their WAVs is so they can demand more rent for them.

B. Lucky :D

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PostPosted: Thu Feb 15, 2007 1:34 pm 
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GA wrote:
JD wrote:
The problem with the argument in respect private hire vehicles is first to conclude that a problem exists. I personally do not see a problem and I certainly don't believe the law should be changed so that every private hire vehicle is obliged to be wheelchair accessible? I don't even believe that every hackney carriage vehicle should be wheelchair accessible either?

Regards

JD


This is where the differance between a HC and a PH vehicle are not properly considered.

A HC vehicle licence is a licence to operate that vehicle in its own right.
A PH vehicle Licence is a licence to use that particular vehicle to undertake bookings through a licensed PH operator.

My points related to operators, and their responsibilities. The decision to provide services should be made upon the demands placed upon the operator and I see no reason why a WAV couldn't be licensed as PH if a demand is identified.

I would suggest that the reason PH operators want HC plates for their WAVs is so they can demand more rent for them.

B. Lucky :D


I dont necessarily disagree with you GA, but surely its crying over spilt milk.....as what you cite was the case when the DDA was being drawn up?

CC

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PostPosted: Fri Feb 16, 2007 12:55 pm 
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It is a fact that when the DDA was passed we could clearly see that the vehicles most contactable were excluded from responsibilities under the Act.

As JD has stated, a condition cannot be placed upon a HC licence dictating how that particular vehicle can be operated if it is different to how other HC are allowed to be operated.

My point here is that it seems to be the PH trade which is pushing for more WAV's to service THEIR customers ............... so why don't they just licence vehicles adapted to carry the disabled community as PH.

It seems to me that the stance of the PH operators in this case is based more on the potential financial benefits to them than the benefits to the disabled community.

B. Lucky :D

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TF pi$$ed on his chips.


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PostPosted: Fri Feb 16, 2007 1:21 pm 
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GA wrote:

It seems to me that the stance of the PH operators in this case is based more on the potential financial benefits to them than the benefits to the disabled community.

B. Lucky :D


Perish the thought :wink:

CC

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PostPosted: Sat Feb 17, 2007 7:19 pm 
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JD wrote:
I personally do not see a problem and I certainly don't believe the law should be changed so that every private hire vehicle is obliged to be wheelchair accessible? I don't even believe that every hackney carriage vehicle should be wheelchair accessible either?

I suspect there might be more people who think my way, than your way?


Regards

JD


JD I have never said that I believe all PH hire should be WAVs.

What I have said is that if a PH operator claims there is a demand for WAV's then that operator should consider licensing a WAV as a PH vehicle.

I will give you the opportunity to either retract your claims or show clearly where I stated that all PH vehicles should be WAV's.

B. Lucky :D

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Skull on TDO

TF pi$$ed on his chips.


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PostPosted: Sun Feb 18, 2007 3:23 pm 
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GA wrote:
JD I have never said that I believe all PH hire should be WAVs.

What I have said is that if a PH operator claims there is a demand for WAV's then that operator should consider licensing a WAV as a PH vehicle.

I will give you the opportunity to either retract your claims or show clearly where I stated that all PH vehicles should be WAV's.

B. Lucky :D


Didn't you say this?

Quote:
No, at the moment, they cannot .................... however if we are going to have a level playing field and all be treated equally do you not agree that PH operators should have the same legal obligation as the HC trade. Or are you condoning a "one rule for some and a different rule for someone else" scenario.


And this?

Quote:
people are trying to change the laws that don't suit.


So if your not trying to change the laws that don't suit you, what are you trying to change?

Likewise, you said,

"you wan't a level playing field" and PH operators should have the same legal obligation as the HC trade.

If you did not mean you didn't want private hire vehicles to be obligated to wheelchair provision in the same way hackney carriages are, then what did you mean? Furthermore, whats the point of your argument if you are happy the way private hire operate?

Didn't MR T say, "he was going to put it on the list of things to change".

How do you expect us to understand your argument, if you don't understand it yourself? lol

Regards

JD


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PostPosted: Sun Feb 18, 2007 5:49 pm 
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Five-pound of King Eddie's
2 Nice carrots
2lb bag of sugar
change the laws on private hire
1 packet of Persil
large packets of crisps

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Sun Feb 18, 2007 5:50 pm 
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The comment to which you refer was made to show that the playing field is unlevel on signifigantly more points than whether or not a person should be allowed to have a HC plate.

Indeed the legal requirements enforced on the HC side of the trade are far greater than that placed on our PH brothers who seek to exploit the law rather than working within it.

My point, that obviously you don't understand is that if a PH operator claims massive demand for WAV's should seek to licence a WAV as a PH vehicle.

I suggest the reason they do not is because of the extra rental they could charge for a HC .................... I know you will not accept this as a fact as you would like everyone to percieve the "plateholder" as some kind of gangster exploiting the driver when in many cases the plateholder is also a PH operator seeking more plates to increase their profits.

B. Lucky :D

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Skull on TDO

TF pi$$ed on his chips.


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PostPosted: Sun Feb 18, 2007 6:12 pm 
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GA wrote:
My point, that obviously you don't understand is that if a PH operator claims massive demand for WAV's should seek to licence a WAV as a PH vehicle.


Make up your mind, you've gone from owners to operator, which is it? You're probably that confused by all the nonsense you've spouted that you don't know what you've said?

I think you better have another go and start from the beginning because no one has a clue what you're talking about and if by chance they do, then they are probably bored stiff.

Why don't you change the subject to a topic you know something about, other than Taxis? lol

Regards

JD


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PostPosted: Sun Feb 18, 2007 8:46 pm 
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MR T wrote:
Five-pound of King Eddie's
2 Nice carrots
2lb bag of sugar
change the laws on private hire
1 packet of Persil
large packets of crisps


Don't let JD see your shopping list Mr T, he will have you in Court for attempting to purchase groceries in Imperial measures with intent!

Unless you are the new "Metric Martyr"? :lol: :lol: :wink:

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PostPosted: Sun Feb 18, 2007 11:24 pm 
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