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PostPosted: Fri Dec 18, 2015 3:24 am 
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A new officer in the Licensing Department of my council has noticed that a school run that I tendered the lowest price and won ( it was a good price because no one else wanted it) and which I drive in my H/C infringes the paragraph 67 pasted below as it is more than the meter price. If this is the case there must be hundreds across the country in a similar position. Does anyone know if County council school contracts are somehow exempt and if so where I could find this ruling? She is also saying that as I use another H/C for a school contract in my name that this should go through an Operators Private Hire licence but I've said that H/c to H/c doesn't need one. She has referred me to paragraph 67 below regarding the "overcharge" issue.
Any help would be useful.


The 1976 Miscellaneous Provisions Act,

67 Hackney carriages used for private hire.

(1)No hackney carriage shall be used in the district under a contract or purported contract for private hire except at a rate of fares or charges not greater than that fixed by the byelaws or tables mentioned in section 66 of this Act, and, when any such hackney carriage is so used, the fare or charge shall be calculated from the point in the district at which the hirer commences his journey.

(2)Any person who knowingly contravenes this section shall be guilty of an offence.

(3)In subsection (1) of this section “contract” means—

(a)a contract made otherwise than while the relevant hackney carriage is plying for hire in the district or waiting at a place in the district which, when the contract is made, is a stand for hackney carriages appointed by the district council under section 63 of this Act; and

(b)a contract made, otherwise than with or through the driver of the relevant hackney carriage, while it is so plying or waiting


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PostPosted: Fri Dec 18, 2015 11:05 am 
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Virtually every hackney does school contracts without the meter on, a hackney can be hackney and PH, a PH can only be PH


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PostPosted: Fri Dec 18, 2015 11:27 am 
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skippy41 wrote:
a hackney can be hackney and PH, a PH can only be PH

I thought that a hackney was always a hackney but it can also do advanced bookings.

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PostPosted: Fri Dec 18, 2015 12:04 pm 
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Our tariff sheet had a section stating:
"This vehicle may be hired for special occasions which may be subject to an extra charge agreed by the hirer. Prior written agreement to the additional charge must be recieved from the hirer in advance of the journey. In all cases, this must be made at least 48 hours prior to the commencement of the journey "


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PostPosted: Fri Dec 18, 2015 5:37 pm 
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Our Tariff includes this:

"Hirings may be undertaken without the use of the meter where there is prior contract with a public authority or for a period in excess of one hour."

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PostPosted: Fri Dec 18, 2015 7:20 pm 
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bazz3244 wrote:
If this is the case there must be hundreds across the country in a similar position.

I would say you are correct, and that includes several of my mates. :-$

But you don't need an operator's license for a hackney, not today, not tomorrow, not never.

Does you school run go outside of your licensing area?

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PostPosted: Fri Dec 18, 2015 7:47 pm 
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Sussex wrote:
bazz3244 wrote:
If this is the case there must be hundreds across the country in a similar position.

I would say you are correct, and that includes several of my mates. :-$

Quote:
But you don't need an operator's license for a hackney, not today, not tomorrow, not never.


Does you school run go outside of your licensing area?


You do in Scotland


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PostPosted: Sat Dec 19, 2015 11:14 pm 
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Thank you everybody for your replies.

Chris the Fish tariff sheet would be the answer. Sadly our LA doesn't have that on ours.

Sussex; the contract starts in my licensing District.

Regards


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PostPosted: Sat Dec 19, 2015 11:50 pm 
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Totally unfair to expect you to do a school run at standard rates because you are committing your self to be at a certain spot at a specified time twice a day (I assume) which restricts your earnings in the hour or so before before your pick up times for example you would have to turn down any long lucrative runs which came your way and any runs at all which were going in the wrong direction in the half hour before your pick up time, the amount you earn on a school run should include a premium to reflect this.


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PostPosted: Sun Dec 20, 2015 12:28 am 
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How can they go by a single Metered price, the route may alter on a daily basis for lots of different reasons, Weather, Traffic, Roadworks, Accidents, Icebergs...lots of reasons.

You cant price a contract based on no two journies costing exactly the same price every day of the contract period.


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PostPosted: Sun Dec 20, 2015 10:27 am 
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bazz3244 wrote:
Thank you everybody for your replies.

Chris the Fish tariff sheet would be the answer. Sadly our LA doesn't have that on ours.

Sussex; the contract starts in my licensing District.

Regards


Starts...but, does it go outside? (meter can be off once clear of your LA)

and how does a licensing officer gain access to county council contract details?

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PostPosted: Sun Dec 20, 2015 10:50 am 
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obviously some LOCAL district officers dont have enough to do, then again, if they want to tell county i should charge meter rates for mine id back em up 100%

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PostPosted: Sun Dec 20, 2015 10:59 am 
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skippy41 wrote:
a hackney can be hackney and PH, a PH can only be PH



or... a Hack is a hack in its own LA and can accept pre-booked jobs....

where a hack = public hire


once out of its own LA it cant be flagged or rank

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PostPosted: Sun Dec 20, 2015 1:31 pm 
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wannabeeahack wrote:
obviously some LOCAL district officers dont have enough to do, then again, if they want to tell county i should charge meter rates for mine id back em up 100%


If all hacks had to charge meter rates then the whole Idea of tendering becomes a mockery, I'm sure all the EU rules on contract tendering rules flew out the window at the Councils offices.


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PostPosted: Sun Dec 20, 2015 2:30 pm 
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wannabeeahack wrote:

and how does a licensing officer gain access to county council contract details?

Public access. All Council contracts are avaiable for members of the public to see.

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