Taxi Driver Online

Indeed it is.

But if we followed your line of thought then no-one would need license a PH in England and Wales.

But the exemption was/is for vehicles, not operators. So an offence of operating (English version) without a license is still available for prosecuting authorities to use should they be bothered.

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IDFIMH

A claim no-doubt accepted by your clueless gutless council.

You must do what you deem suitable for you, but you have politely asked for legal clarification.

In my view the set up is 100% illegal.

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IDFIMH

The question asked was about this chap being a driver. Not about if the chap running it has an operators license. Anyway if the set up is correct then I don't believe that any licensing is required. Before the exemption was removed in England and Wales, most airport cars were run this way. And yes, if people want to have their operating address in Scotland and a Scottish phone number, they can still get away without any licensing at all. Whether you think it is legal or not is irrelevent.

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Grandad,

Maybe the way forward is to get the job and if you get caught, wait till it goes to court and lets the courts decide what is legal and what isn't.

I have a friend who live in a house which is rented from a company he personally owns; illegal in England, where the company is based, but the property is in Scotland, where such a renting is legal, even though the company is based in England. Applying reverse logic, the same should apply to the p/h company.

AIUI there is nothing to stop any EU company running anywhere in the EU, of which the UK is part.

But and here is the crux they do not have an operation based in Scotland nor do they have a Scotish phone number, the number is an 0845 that goes through to the office in Cheshire.

It is probably legal in Outer Mongolia, but that has no relevance either.

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http://wingsoverscotland.com/ http://www.newsnetscotland.com/

All that matters, in law, is where the call is answered.

Yesterday's High Court judgement gives a good overview of PH operating law.

Blueline -v- Newcastle upon Tyne Sept 2012

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IDFIMH

Sussex, thanks for that link.

I have read all that, thought it would be heavy going at first but it makes it quite clear.

The only conclusion I can come to is the company in Cheshire are operating illegally and the local licensing authority are doing nothing about it.

If anyone can explain otherwise please do.

As things stand I would not take a position with them.

As some one stated earlier get a job if you get caught go to court and see what the magistrate says. I am not prepared to do that.

Makes we wonder with all the ducking and diving are the vehicles insured properly if they are not licensed properly?

Probably opened up a can of worms here but I would like to get to the bottom of all this.

I was at a meeting in london yesterday attended by the director of Blueline (won't go into details of that case here) and another chap who runs an international transport operation.

He has an office based in Cheshire; cars licenced in London and mainly based in Scotland as it is the only legal way he can carry on in business under the present laws. The stupidity is that his cars obviously have to go to London every year for their test! Manchester based drivers have to do the Manchester knowledge even though all their work is long-distance and they rarely go into Manchester!

He has offices in New York, Dubai, Shanghai etc and a turnover of over £50million, so not a cowboy outfit! He said it's easier licencing in Shanghai than it is here.

Could it be this company that raised the original question?

No, the company in question do not licence any of their drivers or cars.

They claim this scotish exemption means they do not have to.

I went to Manchester airport this morning and spoke to a chauffeur, hopefully by monday I will have the exact wording of how it is they claim to be exempt.

I'm curious as to what the Scottish connection actually is

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There's a company licensed in Scotland with vehicles operating at both Newcastle and Manchester Airport I think its this lot;

http://www.pcslimited.org/

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

If they're licensed here, this will apply

CIVIC GOVERNMENT (SCOTLAND) ACT 1982

Offences

21(1) If any person -

(a) operates, or permits the operation of, a taxi within an area in respect of which its operation requires to be but is not licensed or the driver
requires to be but is not licensed; or
(b) picks up passengers in, or permits passengers to be picked up by, a
private hire car within an area in respect of which its operation requires
to be but is not licensed or the driver requires to be but is not licensed, that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding £2,500.
(2) Subsection (1) above does not apply to the operation of a taxi or private hire car within an area in respect of which its operation or its driver is not licensed if the request for its hiring was received by its driver (otherwise than in a public place from the person to be conveyed in it, or a person acting on his behalf, for a journey beginning there and then) whilst -
(a) in the area or in that part thereof in respect of which its operation and
its driver are licensed;
(b) engaged on hire on a journey which began in that area or part or will
end there; or
(c) returning to that area or part immediately following

Do they return to Scotland between hires?

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http://wingsoverscotland.com/ http://www.newsnetscotland.com/

No, that is not the company I know. The London regs allow TfL licenced cars to operate anywhere. this company takes a large proportion of its bookings from abroad and the London regime allows them to operate in the way they do quite legally. Drivers do not take bookings.

I was refering to the companies CC mentioned

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