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PostPosted: Wed Jun 29, 2011 8:17 am 
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mancityfan wrote:
the police officer should serve you with a section 68 notice,it will say that you have a deffect with your vehicle,if he does not serve you with a section 68 notice you do not have to go with him.the police officer then has 2 choices he can arrest you or let you go.you hope that he arrests you,then you sue for wrongful arrest,which will net you about £2500.

Thanks for that, but from which Act are you quoting Section 68?

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PostPosted: Wed Jun 29, 2011 9:09 am 
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LG(MP)A 1976.this has been tested in the courts in the past?.with regard to passenger being in vehicle this probably comes under health and safety at work act 1974.I can remember a council a few years ago doing an inspection,the vehicle was up on a ramp with passengers in vehicle.


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PostPosted: Wed Jun 29, 2011 1:28 pm 
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Brummie Cabbie wrote:
grandad wrote:
Brummie Cabbie wrote:
grandad wrote:
You can always request a deferment.

Please explain in detail.

Is there any legislation to allow for this?

I am not sure which bit of legislation this comes under but it was something that was brought up at the National Limousine Association. For vehicles with 8 passenger seats or less, you can ask for a 48 hour deferment. I was requested to take one of my vehicles to an inspection just as I was leaving to go to Heathrow once. I spoke to the council offical and requested the 48 hour deferment and it was granted.

Council official versus police is perhaps quite a different scenario.


If the police are taking you for a council inspection then it is the councils call and they have to allow the 48 hour deferment unless there is an obvious safety related problem.

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PostPosted: Thu Jun 30, 2011 9:39 pm 
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The gentleman in question could have asked for a deferred inspection, and would have been given a slip to take to the testing station within 7 days. He should not have been stopped with passengers on board in the first instance


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PostPosted: Thu Jun 30, 2011 9:40 pm 
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Do you think it unreasonable for a West Midlands Policeman on motor-bike to corral a hired cab away from its route with passenger on board for an ad hoc vehicle inspection?



Happens all the time with coaches

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PostPosted: Fri Jul 01, 2011 6:40 am 
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Tulsablue wrote:
Do you think it unreasonable for a West Midlands Policeman on motor-bike to corral a hired cab away from its route with passenger on board for an ad hoc vehicle inspection?



Happens all the time with coaches


Coaches are different. Any vehicle that can carry 9 or more passengers come under different legislation and there is no deferment for these vehicles.

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PostPosted: Fri Jul 01, 2011 7:40 am 
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grandad wrote:
Tulsablue wrote:
Do you think it unreasonable for a West Midlands Policeman on motor-bike to corral a hired cab away from its route with passenger on board for an ad hoc vehicle inspection?

Happens all the time with coaches

Coaches are different. Any vehicle that can carry 9 or more passengers come under different legislation and there is no deferment for these vehicles.

I hear what everyone is telling me about requesting a 48-hour deferrment of the inspection, BUT;

• I have re-read section 68 of the LG(MP) Act 1976 and all that section relates to is, 'Any authorised officer of the council in question or any constable shall have power at all reasonable times to inspect and test, . . .'

• I have spoken to Bill Bowling as you suggested and he pointed me in the direction of the Public Passenger Vehicles Act 1981, none of which seems to apply to Hackney Carriages as it deals with vehicles licensed to carry more than 8 passengers.

So, where in any legislation does it state that the driver of a Hackney Carriage or a Private Hire Vehicle for that matter, may request a 48-hour deferment of an ad hoc vehicle spot check?

Anyone please?

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PostPosted: Fri Jul 01, 2011 10:42 am 
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Brummie Cabbie wrote:
• I have re-read section 68 of the LG(MP) Act 1976 and all that section relates to is, 'Any authorised officer of the council in question or any constable shall have power at all reasonable times to inspect and test, . . .'



Perhaps we need to consider whether delaying a passenger and causing them to incur waiting time is reasonable?

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