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PostPosted: Mon Feb 19, 2018 12:18 pm 
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Oh but there is,Section 48,TPC Act 1847 makes it abundantly clear that a proprietor has to retain possession of the paper license and by not doing so commits a criminal offence.


They did not have driving licences or driving tests in 1847.....

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PostPosted: Mon Feb 19, 2018 2:45 pm 
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heathcote wrote:
edders23 wrote:
MR T wrote:
Sussex wrote:
I also think a hack proprietor has a duty to ensure any drivers of his cab act accordingly.

In fact they have to keep hold of their driver's license.



Qh no no no no no......No



Is the right answer

we have to SEE the license (paper bit) but there is no requirement to retain it and the badge has to remain with the driver and be on display whilst working


Oh but there is,Section 48,TPC Act 1847 makes it abundantly clear that a proprietor has to retain possession of the paper license and by not doing so commits a criminal offence.


Is the right answer....

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PostPosted: Mon Feb 19, 2018 3:13 pm 
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Heathcote and Jimbo which bit of this clause do you not understand could it be this bit

Proprietor to retain licences of drivers when in his employ

I DON'T EMPLOY ANYONE I do rent cars out to SELF EMPLOYED drivers

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PostPosted: Mon Feb 19, 2018 4:01 pm 
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I love the English language. It has so many words which enable us to communicate with each other. For example - driving licence, which to me means the national licence you acquire by passing a driving test, which is yours and nobody elses, and has to stay in your possession. And then there is a hackney or private hire driving licence which is required for a driver already holding a British driving licence. Now some councils, not all, require a Ph/ hackney proprietor to keep hold of the hackney licence of any driver who is driving his vehicle, but Sussex refers to a driving licence which is why I said no, no, no, no. If he had said hackney/ph licence then I obviously would have replied differently, but because I was bored I decided to nitpick. :D :D :D :D

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PostPosted: Mon Feb 19, 2018 5:25 pm 
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MR T wrote:
I love the English language. It has so many words which enable us to communicate with each other. For example - driving licence, which to me means the national licence you acquire by passing a driving test, which is yours and nobody elses, and has to stay in your possession. And then there is a hackney or private hire driving licence which is required for a driver already holding a British driving licence. Now some councils, not all, require a Ph/ hackney proprietor to keep hold of the hackney licence of any driver who is driving his vehicle, but Sussex refers to a driving licence which is why I said no, no, no, no. If he had said hackney/ph licence then I obviously would have replied differently, but because I was bored I decided to nitpick. :D :D :D :D



Some times your nit picking stimulates conversation on here as it is obvious quite a few contributors do not understand the Regulations we work under,for example;renting TAXI (hackney carriage)to a driver does not mean that section 48 relieves the proprietor from abiding by it.


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PostPosted: Mon Feb 19, 2018 7:45 pm 
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edders23 wrote:
Heathcote and Jimbo which bit of this clause do you not understand could it be this bit

Proprietor to retain licences of drivers when in his employ

I DON'T EMPLOY ANYONE I do rent cars out to SELF EMPLOYED drivers


Your paraphrasing of the act would be the death of you in a court of law, young Edders.

“PERMITS OR EMPLOYS” I mean, you do permit your serfs to drive the cars you rent to them, don’t you?

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PostPosted: Mon Feb 19, 2018 8:30 pm 
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serfs ????

this isn't 18th century Russia

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PostPosted: Mon Feb 19, 2018 8:47 pm 
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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].

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PostPosted: Mon Feb 19, 2018 9:52 pm 
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edders23 wrote:
serfs ????

this isn't 18th century Russia


I thought I would use 19th century terminology because we are discussing a 19th century LAW.

Many think that the badge is the most important legal requirement. It isn’t. It’s the paper licence.

Which must be retained by the proprietor.

But serf is a fair analogy for someone who rents a plated vehicle. You could take it off them anytime you felt like it. After all, they’re not employed by you, are they?

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PostPosted: Mon Feb 19, 2018 9:52 pm 
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edders23 wrote:
serfs ????

this isn't 18th century Russia


I thought I would use 19th century terminology because we are discussing a 19th century LAW.

Many think that the badge is the most important legal requirement. It isn’t. It’s the paper licence.

Which must be retained by the proprietor.

But serf is a fair analogy for someone who rents a plated vehicle. You could take it off them anytime you felt like it. After all, they’re not employed by you, are they?

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PostPosted: Mon Feb 19, 2018 9:55 pm 
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jimbo wrote:
edders23 wrote:
serfs ????

this isn't 18th century Russia


I thought I would use 19th century terminology because we are discussing a 19th century LAW.

Many think that the badge is the most important legal requirement. It isn’t. It’s the paper licence.

Which must be retained by the proprietor.

But serf is a fair analogy for someone who rents a plated vehicle. You could take it off them anytime you felt like it. After all, they’re not employed by you, are they?


So good I said it twice.

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PostPosted: Wed Feb 21, 2018 4:56 pm 
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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 :cry:


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PostPosted: Wed Feb 21, 2018 9:52 pm 
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StuartW wrote:
[Of course, no doubt there is case law saying something completely different :cry:

Nothing that I have read.

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