Taxi Driver Online

But what is stopping them licensing (as PH) somewhere a bit cheaper?

They can still work your manor.

_________________
IDFIMH

So you're saying that a minicab is the appropriate terminology before licensing but thereafter the term PHV is appropriate?

I would agree that it's appropriate to only use the term PHV to vehicles since licensing came in, but I'm not so sure if the term minicab can be pinned down so precisely, because it doesn't really have any legal basis.

So I think it might be appropriate to use the term PH in London in relation to the situation after licensing came in, I'm not so sure if you could confine the use of 'minicab' to beforehand.

For example, if you referred to an incident involving a London PHV, then I would assuming that this was post-licensing, whereas if you referred to an incident involving a London minicab then I wouldn't make any assumptions as regards when this happened in relation to the introduction of licensing.

Of course, terminology can mean different things to different people and/or in different contexts, but that's how I see it.

_________________
Taxi Driver Online
www.taxi-driver.co.uk

We've decided its the franchise selling thats making them do this.It's easier to sell the franchise if there's no licencing problems involved, the next thing is that the drivers wont be badged or CRB checked, then it will hit the fan!!

Your quite correct Jeffrey, but what would 95% of the population, including TFL's own website, refer to them as?

The Liverpool John Moores University New Business of the Year award was won by Pink Ladies, a women-only taxi firm that the judges thought had good potential for the future and could offer great franchise opportunities. It has a niche in the market and provides a service that offers a unique spin on the traditional taxi business.

In relation to Warrington, does anyone know if these vehicles are owned by the individual drivers or are they all owned by the Pink Lady franchise holder? If they are owned by the individual drivers then any contract for a vehicle on a one to one basis, would have to be between the owner of the vehicle and the hirer. The Ovenden case refers to "exclusivity", having several individuals contracted to the same vehicle at the same time will probably make any contract under section 75 1. b. Invalid.

It is also a fact that both Ovenden and the case of Azam distinguish between the hire of a vehicle and the provision of a service? Where the exclusive hire of a vehicle over seven days under a contract is legal, the offering of a service under the guise of a contract for vehicle hire, over and above seven days, is illegal?

So anyone offering a "service" for hire or reward will find themselves outside the confines of section 75 1.b.

Regards

JD

in warrington and st helens the cars are owned by the company themselves and its has to stay that way as there is a deal with the car maker to supply x amount of the same car done at cost price because off buying so many.

Your quite correct Jeffrey, but what would 95% of the population, including TFL's own website, refer to them as?
-------------------------------------------------------
Hello GBC I can't disagree with you, but for the sake of clarity it would be in our interest to maintain the distinction during our own discourse.
Regards,
Jeff

Hackney carriage licensing

Where a vehicle is used for carrying passengers for hire or reward under a contract for the hire of the vehicle for a period of at least seven days, no licence is required under the Local Government (Miscellaneous Provisions) Act 1976 (see s 75(1(b)).

An agreement for the provision of a vehicle on a continuing basis, but where there is no agreed minimum or maximum length of the contract term nor any agreed period of notice, does not fall within the provisions of s 75(1)(b) (Crawley BC v Ovenden [1992] RTR 60).

Regards

JD

Private hire car licensing

A licence is required under Pt II of the Local Government (Miscellaneous Provisions) Act 1976 for the use of a private hir car (other than a hackney carriage) in a controlled district (as defined). An exception to this requirement is provided by s.75(1)(b) in respect of a vehicle used only for carrying passengers for hire or reward under a contract for the hire of the vehicle for a period of not less than seven days. In order to take advantage of this exception, a vehicle owner must show not merely that there was a contract for a minimum period of seven days, but also that the contract related to a secifically identifiable vehicle (ie that there would be a breach of the contract if the vehicle other than that contemplated by the contract were provided under it) (Pitts v Lewis [1988] The Times, 10 June).

In the same case, the court made it clear that s.75(1)(b) could apply even when the car was not in the posession or under the control of the hirer when it was not in use; also, that it was not necessary (before the exemption under that provision could be claimed) that the vehicle should be hired for a fixed fee.

The onus of showing that he falls within the provisions of s.75 is borne by the operator of the vehicle and, if he claims to fall within the terms of s.75 as a defence to a charge under pt II of the 1976 Act, he must satisfy the court on the balance of probabilities (Leeds City Council v Azam [1988] The Times, 13 July).

who is the hirer though? member? or memebers club? and do they can they provide every vehicle on contract for more than seven days to every member?

Presumably the club was interposed between the punters and the vehicles so that the vehicle could be regarded as solely contracted to the club, thus they could be taking umpteen different punters but would still only be contracted to the club. But very contrived, obviously.

_________________
Taxi Driver Online
www.taxi-driver.co.uk

thats how it s working :

the members are on contract to pink ladies members club

the cars are on contract to the members club aswell so the members are not on contract with the cars they are on crontract to the club ( so there is 3 partys )

members---- members club ---- the cars

we should all do it all you need is a second business name and we have no LA to answer too ............................................. and everyone thought de reg would be a problem. i dont think some people have worked out what damage allowing this to go on will do to the trade both p/h , hack and the joe bloggs punters on the street who will in the end see too many corners cut....

But whether the courts would allow this to happen is another question, but that's certainly what the Pink Ladies are trying to do.

_________________
Taxi Driver Online
www.taxi-driver.co.uk

see the pink ladies are now into wheelchair friendy, well their on the list, it says accept credit card, is that done in the car or when phoning to the office
http://www.disabilitypartnership.org.uk ... taxi.shtml

I bet [any bets] they take cash payment in the car, who else is to know, and tips, who absorbs the credit card company charges then, most retailers now wont accept a credit card for less than a fiver or is it a tenner now,
its been such a nice drive/journey driver, you have been so sweet, you got me home safely unlike other taxi firms,I wasn't scared [got to get out more] as I know you are qualified in self defence, here you are my dear, accept this fiver as a tip..