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Scant hope of naming firms using defective cabs
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Author:  captain cab [ Tue Feb 12, 2013 1:06 pm ]
Post subject:  Scant hope of naming firms using defective cabs
Scant hope of naming firms using defective cabs


More defective taxis and private hire vehicles have been taken off Northampton’s roads – but there seems little prospect of the firms being named and shamed.

The latest round of surprise safety checks saw 11 private hire vehicles and one Hackney cab either taken off the road or ordered to fix faults.

But Northampton Borough Council has been advised by its lawyers that it cannot name the firms involved, for fears of leaving itself open to litigation.

During Friday’s spot checks, seven cars were taken off the road for failing to meet safety standards, with offences including serious mechanical faults, dangerous tyres and problems with lights.

Another five were issued with delayed prohibitions, giving them four days to rectify the faults.

As well as spot checks, licensed vehicles must pass two scheduled safety tests a year. Vehicles can be taken off the road for something as minor as not having a full set of spare bulbs onboard.

Councillor Christopher Malpas (Con, Billing), chairman of the licensing committee, explained the reasons why the firms were not named.

He said: “A private hire vehicle driver is self-employed. The operator does not employ them, they just work for them for a commission.

“Because they have been taken off the road for a misdemeanour, we don’t name and shame them, as we leave ourselves open to litigation. If we have owner-operators we can name them. It is a minefield.”

On the test, he said: “It just proves that the equivalent of two MOT tests a year is necessary. But I think most of the drivers are law-abiding. This keeps them on their toes. By putting it in the press, it is not about scaring the public, we just want them to realise we are doing it.”

The Chron was unable to contact anyone from the Private Hire Association for comment.

source: http://www.northamptonchron.co.uk/news/ ... -1-4770606
Author:  captain cab [ Tue Feb 12, 2013 1:12 pm ]
Post subject:  Re: Scant hope of naming firms using defective cabs
Quote:
Councillor Christopher Malpas (Con, Billing), chairman of the licensing committee, explained the reasons why the firms were not named.

He said: “A private hire vehicle driver is self-employed. The operator does not employ them, they just work for them for a commission.

“Because they have been taken off the road for a misdemeanour, we don’t name and shame them, as we leave ourselves open to litigation. If we have owner-operators we can name them. It is a minefield.”


really :roll:
Author:  edders23 [ Tue Feb 12, 2013 1:30 pm ]
Post subject:  Re: Scant hope of naming firms using defective cabs
to be honest I agree with that I have little or no control over maintenance standards of my drivers cars other than ordering them off the road when something obvious is wrong like no road tax because the leasing firm didn't receive the renewal notices (for both cars really !) It is with many firms the drivers responsibility to ensure his car is fit and proper
Author:  captain cab [ Tue Feb 12, 2013 1:32 pm ]
Post subject:  Re: Scant hope of naming firms using defective cabs
edders23 wrote:
to be honest I agree with that I have little or no control over maintenance standards of my drivers cars other than ordering them off the road when something obvious is wrong like no road tax because the leasing firm didn't receive the renewal notices (for both cars really !) It is with many firms the drivers responsibility to ensure his car is fit and proper


I take it you've never heard of either 'vicarious liability' or the corporate manslaughter act?
Author:  toots [ Tue Feb 12, 2013 1:33 pm ]
Post subject:  Re: Scant hope of naming firms using defective cabs
edders23 wrote:
to be honest I agree with that I have little or no control over maintenance standards of my drivers cars other than ordering them off the road when something obvious is wrong like no road tax because the leasing firm didn't receive the renewal notices (for both cars really !) It is with many firms the drivers responsibility to ensure his car is fit and proper


I can't agree with you on that Edders, I think the operator should be held responsible for at least checking the vehicles regularly.
Author:  grandad [ Tue Feb 12, 2013 2:07 pm ]
Post subject:  Re: Scant hope of naming firms using defective cabs
I don't have any owner drivers. The drivers drive my cars. They have a daily check sheet to fill in and they are told to report any defects to me. If a fault requires immediate rectification, the driver brings it in. If it isn't urgent, the mainenance is planned for the next available time. Simples.
Author:  captain cab [ Tue Feb 12, 2013 2:16 pm ]
Post subject:  Re: Scant hope of naming firms using defective cabs
grandad wrote:
I don't have any owner drivers. The drivers drive my cars. They have a daily check sheet to fill in and they are told to report any defects to me. If a fault requires immediate rectification, the driver brings it in. If it isn't urgent, the mainenance is planned for the next available time. Simples.


=D> =D> =D>
Author:  edders23 [ Tue Feb 12, 2013 4:39 pm ]
Post subject:  Re: Scant hope of naming firms using defective cabs
captain cab wrote:
edders23 wrote:
to be honest I agree with that I have little or no control over maintenance standards of my drivers cars other than ordering them off the road when something obvious is wrong like no road tax because the leasing firm didn't receive the renewal notices (for both cars really !) It is with many firms the drivers responsibility to ensure his car is fit and proper


I take it you've never heard of either 'vicarious liability' or the corporate manslaughter act?



Yes but apart from pointing out obvious things like tyres bulbs etc. I don't have the right to inspect someone elses property
Author:  captain cab [ Tue Feb 12, 2013 4:45 pm ]
Post subject:  Re: Scant hope of naming firms using defective cabs
edders23 wrote:


Yes but apart from pointing out obvious things like tyres bulbs etc. I don't have the right to inspect someone elses property


I think you'll find that you have a liability for those under your control - I would advise you to have systems in place.
Author:  edders23 [ Tue Feb 12, 2013 4:50 pm ]
Post subject:  Re: Scant hope of naming firms using defective cabs
captain cab wrote:
edders23 wrote:


Yes but apart from pointing out obvious things like tyres bulbs etc. I don't have the right to inspect someone elses property


I think you'll find that you have a liability for those under your control - I would advise you to have systems in place.


I certainly need to improve cleanliness standards for 2 of the drivers !!!!
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