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PostPosted: Fri Sep 01, 2006 1:49 pm 
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This is an article regarding Taxi/PH license plates being affixed to the vehicle.

When reading the article you might scratch your head in bewilderment at the fiasco in Congleton but In order to get the full picture I phoned Congleton and asked them to explain it. It turns out that the problem arises from the fact Congleton never stipulated in their conditions whether the plate should be affixed "inside" or "outside" the vehicle? I have posted the old Congleton condition below, followed by both relative acts for Hackney and P/H vehicles.

Not withstanding the fact that a Taxi and P/H vehicle is always a licensed vehicle until such time they are unlicensed and the fact that the 1847 act stipulates the plate shall be "fixed Upon" the vehicle then for Taxis at least it is the national law which applies and the condition of a council can only stipulate where upon the vehicle that license plate is to be attached? So if the council say it should be affixed to the front and rear then it means the plate should be fixed "upon" the vehicle at the front and rear. The mischief in this particular section of the act are the words "Fixed" and "Upon". If parliament had meant the plates to be fixed inside the vehicle then they would have given that option. Therefore I really can't see why in the case of Hackney carriages that Congleton allowed drivers to get away with displaying plates inside their windscreen?

Congleton licensing has recently changed hands but it makes you wonder why this has gone on for so long?

Section 48.6 of the 1976 act could in all intents and purposes possibly be construed as being a little ambiguous if local conditions are not defined? It says.

The plate or disc issued in accordance with subsection (5) of this section is "exhibited" on the vehicle in such manner as the district council shall prescribe by condition attached to the grant of the licence.

If the council is not clear in specifying where the plate is to be exhibited then ambiguity may manifest itself as an excuse to put the plate anywhere you like, as long as it is visible? However even section 48.6 states the plate is to be placed "on" the vehicle? I have no doubt a court of law would define the difference to the meaning of "on" the vehicle and "in" the vehicle?

The conditions and legislation are offered below followed by the article.
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Congleton Condition 5. There shall be "affixed" prominently to the front and rear of the vehicle, a plate issued by the Council bearing the name of the Licensing Authority, and the licence number.

1847 act, Section 38 What vehicles to be deemed hackney carriages Every wheeled carriage, whatever may be its form or construction, used in standing or plying for hire in any street within the prescribed distance, and every carriage standing upon any street within the prescribed distance, having thereon any numbered plate required by this or the special Act to be fixed "upon" a hackney carriage.

1976 act Section 48. (6) (a) Subject to the provisions of this Part of this Act, no person shall use or permit to be used in a controlled district as a private hire vehicle a vehicle in respect of which a licence has been granted under this section unless the plate or disc issued in accordance with subsection (5) of this section is "exhibited" on the vehicle in such manner as the district council shall prescribe by condition attached to the grant of the licence.

If any person without reasonable excuse contravenes the provisions of this subsection he shall be guilty of an offence.

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UK Newsquest Regional Press - This is Cheshire

August 31, 2006 Thursday

HEADLINE: A licence to be taken seriously

BYLINE: Gina Bebbington

DATELINE: Middlewich Guardian

TAXI licensing plates are booked in for a timely change that has been welcomed by a Middlewich taxi boss.

Chris Jones, owner of Sid's Cars, said the plates, which will be introduced across Congleton, will stop the borough's taxis being seen as a joke when they are operating in other areas.


Congleton Borough Council will change the style of Hackney carriage and private hire plates so they contain much more information, including the council's name, licence number, expiry date of the council test, vehicle details and registration number, and they will be permanently fixed to the outside of the vehicle.

This will enhance public safety, as passengers will know the vehicle is licensed, insured and roadworthy, and will allow licensing to be enforced more effectively.

Chris said: "When we're operating out of area people think we're not proper taxis.

"With the new plates everyone will have to comply and all vehicles will be identified properly - out of the area people think we're a joke."

He said current regulations did not insist on plates being fixed to the vehicle and many firms just place them in windows so they can be removed, which allows the vehicle to be used as a normal car by an unbadged driver. This causes problems in areas such as Manchester, which has a greater problem with unlicensed vehicles.

Chris said: "I'm not having a go at Congleton because there's never really been a big taxi industry here but now more and more operators are trying to work in Congleton as it builds up so it's time to up the standards for the plates."

He added: "I promote the fact that our drivers are police checked and badged and I want my cars safe too."
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PostPosted: Sat Sep 02, 2006 4:37 pm 
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Joined: Sat Apr 01, 2006 10:47 pm
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Location: Stamford Britains prettiest town till SKDC ruined it
Round my way the council issues "mogo" plates these can be difficult to attach to the vehicle as they require a frame to be fitted behind the car number plate so some drivers do put the plate in the back window which means that if your an Asian driver then that is acceptable but if your non asian then the asian drivers pester the council with complaints untill the driver is given a sever ticking off. as racist as that might sound it is true and factual


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