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PostPosted: Mon Jan 12, 2009 8:13 am 
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meltingsmoke wrote:
This is where it gets a bit of a big mess. Emails can be sent from anywhere. It's a open source, so how do you know where the booking was taken

If you are a lone operator and take bookings via a mobile, then you note where the bookings were taken in accordance with your operator's conditions of license.

If those conditions say you can't take bookings out of your area, then you have a problem.

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PostPosted: Mon Jan 12, 2009 8:17 am 
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All that said, there are a few councils who take the view that it's the telephone exchange that matters, not necessarily the location of the booking office. Although in most cases that will still be the same.

What added help this could give is that you could have a internal phone system with one of those phones, outside of the district, taking bookings. :shock:

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PostPosted: Mon Jan 12, 2009 9:39 am 
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captain cab wrote:
meltingsmoke wrote:
yes its a big worthy question

there's is nothing said about the New Technology

you can have a staff working from home which could be outside your license area answer your phone from your office or premises for which the operator license is in force.

its just a big mess

companys that don't need a o license can sub contract out , but the ones with o license can't ... its so silly

thanks l


Errm IMO you cant have staff working outside the area



CC


the reson i said answering the phone working outside your area is that when i started 17yrs old the office was shut in the early hrs of the morning the drivers where using the two way radios to answering the callers i think it was call smart patch. there could have been outside the office area. Thats was old Technology


here the councils who take the view that it's the telephone exchange if the customer phones up froim they mobile then they can sent a car licence from the next area, because they say its not on landline / std code its on a mobile which means the customers can call in from anywhere ...

this is such a big mess


there's nothing about take bookings out of your area, i can put ads in a local rag in another area :shock:

opt means in course of business to make provision forthe invitation


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PostPosted: Mon Jan 12, 2009 12:02 pm 
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wannabeeahack wrote:
another bit of archaic legislation

i can take a job from a customer from LHR to here

if another firm from here books me to collect thier customer from LHR its illegal?

but hold on, if that firm pays me, arent THEY my customer?


None of the cases mentioned have really clarified that issue, essentially it relates to "at what stage does an operator become the customer," if indeed he ever does? Anyone accepting bookings for private hire vehicles needs a license so it would be unlawful for someone to set up an unlicensed booking agency for the purpose of offering private hire services. On the other hand as I previously stated in another post it is not unlawfull for private hire operators to have individual accounts with each other so what are the legal boundaries when it comes to requesting a service for an account customer that cannot be covered by the local operator? Even where the operator is paying the remote operator under a contract between themselves, the local operator is ultimately paid by the person making the original booking. Therefore the booking that was passed on remotely even though it was part of a contract still makes it a booking under the terms of the 1976 act.

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if they tell the passengers to ring me direct thats NOT illegal?


Thats right but we can only work within the confines of the legislation no matter how good or bad it is written.

Regards

JD

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PostPosted: Mon Jan 12, 2009 12:24 pm 
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captain cab wrote:
IMO the above allows a London Operator to sub contract to his provincial counterparts,


It does indeed and whats more the issue of the terms of sub contracts is clearly defined in the London act and yet there is no mention of sub contracts in the 1976 act. I am therefore of the opinion that because there is no clear instruction in the 1976 act specifically on the subject of sub contracting that there is scope in litigation for some serious legal argument on the matter.

Clarity is what is required and a simple case of an operator acting as customer on behalf of one of his clients would hopefully resolve the issue once and for all.

Regards

JD

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PostPosted: Mon Jan 12, 2009 12:46 pm 
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consider this then...

I went down to LHR saturday and dropped off

I was empty all the way back

now, logically i should have been available for a return loan, lets say (example only) Heathrow cars had 6 pax to take to birmingham and we could sort a price beneficial to Heathrow cars and me. (half price)

Ive had extra money I wouldnt have had
Ive not run back empty
Heathrow cars may have made more by using me than thier own car
Theyve kept use of a ca/driver locally
and THEY havent run back to LHR empty either...

saved money, saved fuel, saved emissions

everyones a winner....


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PostPosted: Mon Jan 12, 2009 12:46 pm 
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BTW


Im dropping LHR thursday at about 7pm returning empty...room for 7 pax.




:wink: :wink: :wink: :wink: :wink:


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PostPosted: Mon Jan 12, 2009 6:55 pm 
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JD wrote:
Anyone accepting bookings for private hire vehicles needs a license so it would be unlawful for someone to set up an unlicensed booking agency for the purpose of offering private hire services.


Presumably this is why Comcab run a huge booking centre in Aberdeen, which handles bookings for Aberdeen, Edinburgh, London, and a few other places in England? No PH Ops licence required here.

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PostPosted: Mon Jan 12, 2009 9:11 pm 
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What if a company has an operators license in 2 areas, can they accept bookings for either area in either office?

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PostPosted: Mon Jan 12, 2009 9:16 pm 
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grandad wrote:
What if a company has an operators license in 2 areas, can they accept bookings for either area in either office?


No thats what shanks tried to do and was found guilty.

Regards

JD

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PostPosted: Mon Jan 12, 2009 9:39 pm 
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only if the bookings come from landline.
There's so much diffrence's though the uk.
No wonder it's confusing.
Some are allow this and some are not
Dual opt licences


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PostPosted: Tue Jan 13, 2009 12:46 am 
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captain cab wrote:
I think JD would think I was being neglectful by not mentioning Bromsgrove vs. Powers;

Link to Bromsgrove vs. Powers!


In my opinion the Bromsgrove case explains the law on sub contracting as good as any if not better but overall every case we have highlighted collectively establish the current status of the law.

I suppose the issue of sub contracting could be made simpler but that would need a change in the law and a healthy discussion amongst everyone who has an interest in the statute as it stands.

In the meantime companies such as Fraser Eagle who accept private hire bookings and use remote operators are without doubt breaking the law. Also anyone using a website for bookings better make sure that the termination address of the communication is one that holds an operators license and that vehicles and drivers from that area are used.

Regards

JD

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PostPosted: Thu Jan 15, 2009 1:19 pm 
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Fraser Eagle aren't the only ones. You'll see Titan Hi-Tours (licensed by Reigate & Banstead) meeting local cabs all over the country to collect their passengers at a convenient location such as a bus/train stn or m-way services. These local cab trips are all subbed by Titan to local companies without an R & B license anywhere in sight.

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PostPosted: Thu Jan 15, 2009 4:46 pm 
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allo allo wrote:
Fraser Eagle aren't the only ones. You'll see Titan Hi-Tours (licensed by Reigate & Banstead) meeting local cabs all over the country to collect their passengers at a convenient location such as a bus/train stn or m-way services. These local cab trips are all subbed by Titan to local companies without an R & B license anywhere in sight.


Are they sub contracting the work to PH or HC?

CC

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PostPosted: Thu Jan 15, 2009 7:08 pm 
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Another one that's just been mentioned to me is http://www.roadrunnersonline.co.uk/

It appears that want more and more ops to join their gang. They even advertise in PHM. Is Roland complicit? :shock:

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