Taxi Driver Online :: View topic - All W.A.V's at next change.

A friend who works in Beverley has just told me that their L.A, has just informed them that at their next change of vehicle they have to have a Wheel chair accessible vehicle or they will not get renewed, I thought I read on here somewhere that is not legal can anyone advise please.

No its not legal, it can only apply to new application's, existing licences cannot be changed regardless of what the council says.

skippy41 wrote:

No its not legal, it can only apply to new application's, existing licences cannot be changed regardless of what the council says.

Did you not read the Sneddon judgement?

No its not legal, it can only apply to new application's, existing licences cannot be changed regardless of what the council says.
Once you have been granted a licence they cannot impose any conditions on that licence other than any changes in the law, and they cannot remove your licence unless you have committed an offence
You have to let the council know this and possibly take out an injunction to prevent it, as you know to well that councils are a law unto themselves
and they don't know the laws of the land
If they even try to impose this they will find themselves in deep sheit

Ah but that was a Scottish judgement :wink:

And it only applies to new operators, not existing ones

So one day you can drive a saloon the next your out of a job all because some jobs-worth says you have to spend 22 to 35K on a wav when you can only afford a saloon. yes get real Jimbo
If they try to bring this in I can see a lot of court action

I would probably be correct that around 70% of wav owners have never carried a wheelchair

So one day you can drive a saloon the next your out of a job all because some jobs-worth says you have to spend 22 to 35K on a wav when you can only afford a saloon.

It happened in tamworth years ago (with notice) when all hacks had to be "london cabs", about the same time the DIS-DIS act came in, but im sure then it required only 25% of fleets to be WAVs, I think its crazy to insist on a full-WAV hack fleet, who promotes this, WAV-producers?....

wannabeeahack wrote:

Yup! The only folks who want WAVS are the producers. Not even the Wheelchair users want em. Stinks of brown stuff & brown envelopes.

Author:	the thinker [ Sat Jul 04, 2009 10:02 am ]
Post subject:	All W.A.V's at next change.
A friend who works in Beverley has just told me that their L.A, has just informed them that at their next change of vehicle they have to have a Wheel chair accessible vehicle or they will not get renewed, I thought I read on here somewhere that is not legal can anyone advise please.

Author:	skippy41 [ Sat Jul 04, 2009 1:53 pm ]
Post subject:
No its not legal, it can only apply to new application's, existing licences cannot be changed regardless of what the council says. Once you have been granted a licence they cannot impose any conditions on that licence other than any changes in the law, and they cannot remove your licence unless you have committed an offence You have to let the council know this and possibly take out an injunction to prevent it, as you know to well that councils are a law unto themselves and they don't know the laws of the land If they even try to impose this they will find themselves in deep sheit

Author:	Sussex [ Sat Jul 04, 2009 3:54 pm ]
Post subject:	Re: All W.A.V's at next change.
the thinker wrote: A friend who works in Beverley has just told me that their L.A, has just informed them that at their next change of vehicle they have to have a Wheel chair accessible vehicle or they will not get renewed, I thought I read on here somewhere that is not legal can anyone advise please. It's legal if the policy has been consulted on and agreed by the council, in the same way as every other licensing condition. Unless of course a court says different. But if the council want to go 100 WAV, they can.

Author:	Sussex [ Sat Jul 04, 2009 3:55 pm ]
Post subject:
skippy41 wrote: No its not legal, it can only apply to new application's, existing licences cannot be changed regardless of what the council says. Did you not read the Sneddon judgement?

Author:	skippy41 [ Sat Jul 04, 2009 6:29 pm ]
Post subject:
Sussex wrote: skippy41 wrote: No its not legal, it can only apply to new application's, existing licences cannot be changed regardless of what the council says. Did you not read the Sneddon judgement? Ah but that was a Scottish judgement And it only applies to new operators, not existing ones

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Author:	wannabeeahack [ Sat Jul 04, 2009 6:44 pm ]
Post subject:
There must be WAVs somewhere which have never carried a wheelchair...

Author:	Brummie Cabbie [ Sat Jul 04, 2009 7:19 pm ]
Post subject:
Apparently, Stratford-upon Avon Council have recently decided to have an all WAV fleet of Hackney Cariages, but I don't know the time scale. It apparently applies to all existing licences.

Author:	jimbo [ Sat Jul 04, 2009 7:21 pm ]
Post subject:
skippy41 wrote: No its not legal, it can only apply to new application's, existing licences cannot be changed regardless of what the council says. Once you have been granted a licence they cannot impose any conditions on that licence other than any changes in the law, and they cannot remove your licence unless you have committed an offence You have to let the council know this and possibly take out an injunction to prevent it, as you know to well that councils are a law unto themselves and they don't know the laws of the land If they even try to impose this they will find themselves in deep sheit Wrong again Skippy. Engage brain before operating mouth. I know from personal experience that a council can indeed introduce a wav only policy if they see fit. So STFU till you know what you are talking about.

Author:	GBC [ Sun Jul 05, 2009 5:54 am ]
Post subject:
skippy41 wrote: Ah but that was a Scottish judgement And it only applies to new operators, not existing ones JD's back.

Author:	skippy41 [ Sun Jul 05, 2009 5:56 am ]
Post subject:
So one day you can drive a saloon the next your out of a job all because some jobs-worth says you have to spend 22 to 35K on a wav when you can only afford a saloon. yes get real Jimbo If they try to bring this in I can see a lot of court action I would probably be correct that around 70% of wav owners have never carried a wheelchair

Author:	jimbo [ Sun Jul 05, 2009 6:35 am ]
Post subject:
skippy41 wrote: So one day you can drive a saloon the next your out of a job all because some jobs-worth says you have to spend 22 to 35K on a wav when you can only afford a saloon. yes get real Jimbo If they try to bring this in I can see a lot of court action I would probably be correct that around 70% of wav owners have never carried a wheelchair Wrong again Skippy. Lincoln introduced a WAV only policy in 1994, and so have many other towns and cities. Not saying it was right, but it happens. Drivers applied to the high court for a judicial review and were refused leave. So there. So yes indeed, you can drive a saloon one day, and have to drive a WAV the next. Not only can it happen, it has happened. Get real skippy. The High Court ruling is buried away somwhere on here btw.

Author:	Sussex [ Sun Jul 05, 2009 1:42 pm ]
Post subject:
skippy41 wrote: So one day you can drive a saloon the next your out of a job all because some jobs-worth says you have to spend 22 to 35K on a wav when you can only afford a saloon. About sums the acts up.

Author:	wannabeeahack [ Sun Jul 05, 2009 2:37 pm ]
Post subject:
It happened in tamworth years ago (with notice) when all hacks had to be "london cabs", about the same time the DIS-DIS act came in, but im sure then it required only 25% of fleets to be WAVs, I think its crazy to insist on a full-WAV hack fleet, who promotes this, WAV-producers?....

Author:	Smoked Glass [ Sun Jul 05, 2009 7:26 pm ]
Post subject:
wannabeeahack wrote: It happened in tamworth years ago (with notice) when all hacks had to be "london cabs", about the same time the DIS-DIS act came in, but im sure then it required only 25% of fleets to be WAVs, I think its crazy to insist on a full-WAV hack fleet, who promotes this, WAV-producers?.... Yup! The only folks who want WAVS are the producers. Not even the Wheelchair users want em. Stinks of brown stuff & brown envelopes.

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Author:	wannabeeahack [ Sun Jul 05, 2009 7:28 pm ]
Post subject:
Smoked Glass wrote: wannabeeahack wrote: It happened in tamworth years ago (with notice) when all hacks had to be "london cabs", about the same time the DIS-DIS act came in, but im sure then it required only 25% of fleets to be WAVs, I think its crazy to insist on a full-WAV hack fleet, who promotes this, WAV-producers?.... Yup! The only folks who want WAVS are the producers. Not even the Wheelchair users want em. Stinks of brown stuff & brown envelopes. I wonder how much HCs have forked out for WAVs with no chance of recouping the extra over the last 10 years, how many have over-extended themselves on HP and maybe gone without or gone bust struggling to pay for that nice new shiny WAV that gets 5 WAV jobs a year... Thankfully PHV seem protected from this nonesense, for now...