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Manchester enter into consultation over repeal of S75(b)
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Author:  GA [ Sat Apr 12, 2008 9:42 am ]
Post subject:  Manchester enter into consultation over repeal of S75(b)

Manchester Council have drafted a set of proposals to allow those firms effected by the repeal of S75(b) to become licensed with certain "concessions".

This is the covering letter, the whole document is about 9 pages long.

Dear Sir,

Consultation - Licensinq of Non-Standard Private Hire Vehicles
The Road Traffic Safety Act 2006, Section 53, repealed part of the Section 75 of the Local Government( Miscellaneous Provisions) Act 1976, which exempted certain categories of drivers and vehicles from the need to be licensed, if they conducted their business by having hire contracts of not less than 7 days. As you are aware this change in legislation has resulted in the need for all vehicles, up to a maximum of 8 passengers, used for non-standard private hire, to be licensed.
There are a wide range of vehicles, drivers and operators who now need to be licensed.As a general guide this includes vehicles used for executive hire, chauffeur services, park and ride for private car parks, airport travel and vehicles used to transport employees to work.
Manchester City Council accepts that, whilst these vehicles have to be licensed,it may not be necessary for them to comply with all aspects of the standard private hire vehicle policy and conditions.
The Council proposes that all applications for non-standard private hire are accompanied by a detailed business plan. The business plan will be required to contain sufficient detail to enable the Council to consider both the nature of the business as well as the type of vehicle being used.
At a meeting of the Council's Licensing & Appeals Committee on 17 March 2008, members agreed that the draft policy outlining the criteria , which will be used to determine whether a vehicle is a non standard private hire , together with a set of draft non-standard private hire vehicle conditions, should be subject to a 6 week consultation period with affected businesses.
To ensure compatibility in light of the change in legislation the Council are also reviewing the current policy and licence conditions in respect of private hire drivers and operators.
I would therefore be grateful if you could take a few minutes to read the enclosed draft policy and conditions. Should you wish to respond to the consultation, please complete and return the enclosed
questionnaire (free post envelope provided) no later than 9 May 2008.

Yours faithfully

A Marku


What exactly is a non-standard PH ????????????

I suppose since Manchester Council "coined the phraze" they will expect only to be able to answer the question after this period of consultation.

It will be interesting to see what comes of it.

B. Lucky :D

Author:  JD [ Sat Apr 12, 2008 1:35 pm ]
Post subject: 

Manchester already license limos and I understand they require an identification plate of sorts on the front and back. Many other localised authorities have told me they have adopted Manchester's system of licensing these vehicles. I can only assume this report is in consideration of wider implications and licensing irregularities such as the illegal taxi rank and illegal plying for hire at the print works over xmas.

Regards

JD

Author:  GA [ Sat Apr 12, 2008 2:23 pm ]
Post subject: 

It does seem that the actual policy of Manchester is that vehicles used for transporting passengers, in the majority of circumstances, will require licensing in the way that every other PH vehicle is licensed .................. it just seems that they are writing their policies to allow for certain dispensations which will, or may, be allowed for vehicles not doing conventional PH type work. Providing they can show the council that they don't.

I think its a good thing, it just would have been better if it had been finalised prior to the date of implimentation of the law.

Do you agree?

B. Lucky :D

Author:  Sussex [ Sat Apr 12, 2008 6:22 pm ]
Post subject: 

Where in any act does it say you need to produce a business plan to gain an operator's license? :?

Just license them as PH, or don't license them. In other words stop f***ing around. [-(

Author:  GA [ Sun Apr 13, 2008 9:11 am ]
Post subject: 

I think your right my little southern softy mate.

The problem is that they address the consultees as "effected companies" when we know that many companies have operated under this section of the law because they couldn't obtain a licence ................. even if they applied for one.

The need for a business plan doesn't become a "condition" of licence unless the application seeks dispensations, and with the inclusion of "childminders" and certain other "services" I can understand why such a request was being made.

It will be interesting to see what happens and what actions Manchester take.

B. Lucky :D

Author:  JD [ Sun Apr 13, 2008 12:56 pm ]
Post subject: 

REPORT

1.0 Background


1.1 Members have previously approved a Policy and Private Hire Licence Conditions for the Licensing of Stretched Limousines.

1.2 The Committee asked for a further report on the recommended fees to be charged.

2.0 Licensing Update

2.1 The original report recommended that stretched limousines would be tested at the Council’s testing station, Hammerstone Road, Gorton. It had originally been anticipated that the facilities at Hammerstone Road could be adapted to meet the requirements for testing limousines but on investigation this was not an economically viable proposition.

2.2 Arrangements have now been made for the stretched limousines to be tested by the VOSA Vehicle Testing Stations at Bredbury or Chadderton. They will issue the vehicle with a Class IV MOT Test Certificate. The proprietor will arrange and pay for this test direct with the testing station.

2.3 Once the stretched limousine proprietor has obtained the relevant certificate from the VOSA testing station (s)he will be required to submit an application for a private hire vehicle licence to the Licensing Unit. An appointment for the vehicle to attend an interior inspection at Hammerstone Road, Gorton MOT Test Centre will be made.

2.4 The vehicle may need to be subject to alterations and further inspection where the examiner deems this necessary for the vehicle to meet the Council’s current stretched limousines private hire licensing conditions.

2.5 Once the vehicle has passed the inspection, the vehicle owner will be required to produce a current insurance certificate or valid cover note for the vehicle and its intended use as a licensed limousine. All documentation produced must be original documents. The licence plate and identification sticker will then be issued at the Test Centre Reception.

2.6 A 6-month licence will be issued. This is because the MOT certificate is issued separately by VOSA and is valid for twelve months. For the Council to licence for twelve months the MOT certificate would have to be issued on the same day.

2.7 A stretched limousine private hire vehicle licensing fee of £105 is recommended. This is for a 6 month licence and is comparable with the standard private hire vehicle licensing fee of £207 per annum.

3.0 Conclusion

3.1 Subject to Committee’s approval of the recommended £105 licence fee, stretched limousines complying with the Council's licensing conditions and other appropriate legal requirements will be issued with a six monthly private hire vehicle licence.
____________________

Author:  JD [ Sun Apr 13, 2008 1:32 pm ]
Post subject:  Re: Manchester enter into consultation over repeal of S75(b)

GA wrote:
Manchester Council have drafted a set of proposals to allow those firms effected by the repeal of S75(b) to become licensed with certain "concessions".

This is the covering letter, the whole document is about 9 pages long.

[i]Dear Sir,

Consultation - Licensinq of Non-Standard Private Hire Vehicles
The Road Traffic Safety Act 2006, Section 53, repealed part of the Section 75 of the Local Government( Miscellaneous Provisions) Act 1976, which exempted certain categories of drivers and vehicles from the need to be licensed, if they conducted their business by having hire contracts of not less than 7 days.

**As you are aware this change in legislation has resulted in the need for all vehicles, up to a maximum of 8 passengers, used for non-standard private hire, to be licensed**.


I think people should realise that limos and the like are not standard private hire vehicles and this is how licensing authorities categorise them. Not many people think they are standard private hire vehicles but those that do should take a step a back and consider the obvious.

Quote:
There are a wide range of vehicles, drivers and operators who now need to be licensed.


Manchester city council has never prosecuted any so called executive car or 8 seater limo all the time these vehicles have operated illegally on contracts that didn't last for 7 days or more. The chances of them improving on that dismal record now that section 75 1b has gone, is remote.

Quote:
As a general guide this includes vehicles used for executive hire, chauffeur services, park and ride for private car parks, airport travel and vehicles used to transport employees to work.


If I was an operator who supplied one of these services I wouldn't be overly concerned about Manchester's involvement in licensing because their track record proves that they aren't going to police any of those illegal activities mentioned above.

Quote:
Manchester City Council accepts that, whilst these vehicles have to be licensed, it may not be necessary for them to comply with all aspects of the standard private hire vehicle policy and conditions.


I suppose that means the same policy and conditions that Manchester city council allowed private operators and drivers to illegally ply for hire at an illegal taxi rank at the "print works".

Quote:
The Council proposes that all applications for non-standard private hire are accompanied by a detailed business plan. The business plan will be required to contain sufficient detail to enable the Council to consider both the nature of the business as well as the type of vehicle being used.


Asking for this information is quite within their rights.

Quote:
At a meeting of the Council's Licensing & Appeals Committee on 17 March 2008, members agreed that the draft policy outlining the criteria, which will be used to determine whether a vehicle is a non standard private hire , together with a set of draft non-standard private hire vehicle conditions, should be subject to a 6 week consultation period with affected businesses.


Again take note of the word non standard because limos cannot be classed as standard private hire vehicles because they don't operate in the same way.

Quote:
To ensure compatibility in light of the change in legislation the Council are also reviewing the current policy and licence conditions in respect of private hire drivers and operators.


But I bet these limos don't have to be all the same colour as private hire vehicles do or even have to conform to the conditions of right hand drive? Perhaps private hire owners now have a case for getting rid of the standard vehicle colour and using left hand drive vehicles?

If its not unreasonable to license limos with left hand drive then the same should apply to normal private hire vehicles.

Quote:
I would therefore be grateful if you could take a few minutes to read the enclosed draft policy and conditions.


That's asking too much of Manchester councillors because even if they did read it they wouldn't understand it.

Regards

JD

Author:  GA [ Mon Apr 14, 2008 8:53 am ]
Post subject: 

JD the report contains very little, I would send you the full consultation document but I have no email address for you .................... so I'll send it to Alex and he can pass it on ................... or post it on here.

The problem I have is that it is not detailed enough, it skips through issues instead of addressing them.

The email is on its way.

B. Lucky :D

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