John Davies wrote:
Anonymous wrote:
This whole thing is getting confusing.
Government recommendations are to derestrict the numbers or justify the restriction.
Therefore Councils that derestrict numbers but only allow WAVs and maintain their restriction on saloons are quite obviously operating a restrictive policy which could be legally challenged.
It's a fair point and as you quite rightly point out it could be legally challenged. I think what you have to bear in mind in this situation is that an Authority who exercises its right to de restrict numbers may also have a right to lay down conditions as to what is to be licensed as a hackney carriage from that day on.
I think you have a valid point but let me draw your attention to the only case Law that I know of which remotely resembles the point you are raising.
Mr Justice Simon-Brown decided in the case of R v Manchester City Council, on the 17th April 1989, on appeal. "That when granting new Hackney Carriage Licences, a District was entitled to impose a condition that the vehicles be wheelchair accessible, even though this condition was not imposed on current licence holders.
I think Simon Brown is saying that a council can exercise its right to determine what conditions it is going to apply to new licences, while it seems exempting current licence holders from those same conditions.
The anomaly arises when you have the old and the new, it could be argued that all renewals should have the same vehicle conditions as new vehicle licences. This may not be discriminatory but what if a council wished to exercise its right to have a mixed fleet of vehicles?
In September 2002 the Department of Transport wrote to remind local authorities that they could set their own wheelchair accessibility policies.
It may be that a council might stipulate the current fleet of saloon vehicles must convert or supply a vehicle, which has swivel chair access. That way a council is not discriminating but is giving a choice to the disabled.
Its hard one isn't it? It would certainly make an interesting court case but I haven't a clue which way the pendulum would swing.
Best wishes
John Davies
John.
a lad round here called Keach discovered a restricted number plate had been handed in for Todmorden zone of Calderdale council.
he applied for it arguing a survey had found demand in ballance and therefore without this it would be 12.5% unmet demand as one of 8 taxis had dissapeared.
worthy of note is the fact that 2 todmorden taxis work from private hire firms in Halifax.
the council refused his request. but said he could have one on a Wav as they could proove unmet demand for wavs.
this point is important or was at that time, as Todmorden is deemed suprisingly rural area, and the countryside commission would be prepared on evidence of unmet demand to consider an application for grant giving the difference between a salloon and a WAV.
He went to court Leeds Crown Court and was backed by Mr Rowlands, keech mistake no 1
in short he lost, he still wants a salloon the council will still give him a WAV
a dozen if he wishes.
I say to mick go to court, and I will tell him it will all out
yes your honour I had a sallon yes I sold it and bought a wav but now I want a saloon and although I belive in premiums you honour, I dont want to pay one.
yes your honour I believe in choice, except not them back loading Wavs that people crash into all day long in Gateshead, that will easily accomodate the type of passenger that would benefit from a saloon, although they are dearer than a salloon.
I am thE tAND g Rep in Gatehead and nobody dare disagree with me or I will land on thier doorsteps
your honour the council uses backloading vehicles but they have to back up to pavements
Mick the judge will be splitting his bloody sides off, dont go on about it take it to court use Tand G money.
bet you anything despite what john says you will lose, not only that loose badly
I told Keach the same, he went round to anybody that will listen and finished up paying the price that would have bought a bloody good WAV.
he says there is no work for wavs in todmorden I have letters fropm loads of people in todmorden who use wavs brought from Halifax to Todmorden at a cost of £15 a trip b4 a passenger enters
stop this argument now and put it to the test
but be warned Gatehead council are under ministerial order to remove salloons from the ranks this will have no effect on the judge?
and you want choice and refuse to loby for backloadings?
bloody ludicrous like lemmings jumping over the cliff.
your good buddy Geoff.
he wen
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