Sussex wrote:
edders23 wrote:
I DON'T EMPLOY ANYONE I do rent cars out to SELF EMPLOYED drivers
The act says permits or employs.
48 Proprietor to retain licences of drivers, and to produce the same before justices
on complaint
In every case in which the proprietor of any such hackney carriage permits
or employs any licensed person to act as the driver thereof, such proprietor shall cause to
be delivered to him, and shall retain in his possession, the licence of such driver, while
such driver remains in his employ; and in all cases of complaint, where the proprietor of a
hackney carriage is summoned to attend before a justice, or to produce the driver, the
proprietor so summoned shall also produce the licence of such driver, if he be then in his
employ; and if any driver complained of be adjudged guilty of the offence alleged against
him, such justice shall make an endorsement upon the licence of such driver, stating the
nature of the offence and amount of the penalty inflicted; and if any such proprietor
neglect to have delivered to him and to retain in his possession the licence of any driver
while such driver remains in his employ, or if he refuse or neglect to produce such
licence as aforesaid, such proprietor shall for every such offence be liable to a penalty not
exceeding [level 1 on the standard scale].Not sure if the word 'employ' is of huge significance anyway, and doubt if it has any relevance in the employee/freelancer context.
Reading the section above, it says 'permits or employs' initially but later simply says 'remains in employ'.
Which maybe suggests that 'permits or employs' is simply referring to much the same thing, but using slightly different words to ensure it covers everything. So suspect all it means is that if someone other than the proprietor is driving the HC then the proprietor must retain the driver's licence.
Of course, no doubt there is case law saying something completely different