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Cross border hiring/advertising
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=11811		 Page 1 of 6
Author:  Derby Ram [ Wed Jul 15, 2009 11:56 am ]
Post subject:  Cross border hiring/advertising
This is probably going over old ground for you.I've had a quick look round the site but not found anything specific.
I am a licensed Derby City Hack but live in a neighbouring district.I started advertising in a local magazine where I live for airports over a year ago.I then got sold a website,which took off quite quickly.I advertise both my mobile and home phone numbers.Everything has been fine and dandy until a couple of weeks ago,(4 days after the Vito burnt out!) when I received a letter from my local council wanting to speak with me regarding an illegal private hire business being run from my home address.
I went on Monday to see the enforcement officer who mentioned placing me under caution!He didn't,as I would have been straight out the door.Who the hell gave a council official these rights?We are heading for Communist Russia,but that's another subject!
His general gist was that I should not be advertising locally or taking bookings from my home address.The research I have done confirms that I shouldn't advertise outside my licensed borough but as I pointed out the www. sort of throws all these archaic laws out of the window.
I also mentioned his own taxis coming to Derby hospitals for example and taking the return booking when they drop off(out of their area)...it's a very grey area isn't it?
So how do I stand legally on this?
Do I have to lose the home phone number(which is a Derby code anyway) from my website etc?
Also what is the exact laws on picking up outside your boundary?
I have always understood that if any journey goes through the Derby City boundary then it is perfectly legal anyhow.Is this right?
As a hackney operator am I governed by the same rules as a private hire operator?
The upshot of the interview was for me to tone down the local angle of my website.He told me I had used some initiative in difficult times but he was duty bound to interview me.I have already pulled the next advert from the local magazine due to the fire and this issue.
I know everyone has their views on this but I would like to know how I stand LEGALLY.Would they have to set me up on a booking from my home phone to have any case?
Regards
Derby Ram
Author:  cabbyman [ Wed Jul 15, 2009 12:14 pm ]
Post subject: 
Have a look for threads on the 'Berwick' case. This wil give you some background before those who are able to give a definitive answer come along.

I'm pretty certain you can tell your LO to foxtrot oscar.
Author:  Smoked Glass [ Wed Jul 15, 2009 12:53 pm ]
Post subject: 
Derby all you have to do is get a 0800 number & your local council can then swivel :roll: :roll:
You can pick-up anywhere in the country on your license as a private hire booking. The local council are trying to say you are running your operation from home when in fact your not. They just want your cash for planning/operating centre/badge & plate. The 0800 number means that you could be anywhere in the world & out of their jurisdiction. You’re operating from your vehicle & there is nowt they can do about it.
A part of me suspects that councils are deliberately making folks buy £30k WAV vehicles to cull the hack numbers & therefore make the industry inaccessible to owner drivers who want to be independent.
Author:  cabby john [ Wed Jul 15, 2009 12:55 pm ]
Post subject: 
Having considered doing similar I binned it, although I did not follow it up I would think that you would need an "Operators License". One other thing! like yourself I live outside the L.A that I am licensed for, but what is there to stop you getting a badge for the one that you live in, and use it to suit.
Author:  Smoked Glass [ Wed Jul 15, 2009 12:57 pm ]
Post subject: 
YOU SAID>The research I have done confirms that I shouldn't advertise outside my licensed borough but as I pointed out the www. sort of throws all these archaic laws out of the window.
There is no law in the land to say you cannot advertise in another area!
You do however need to be licensed if your advertising a local area number.....so get an 0800 & divert to your mobile JOB DONE! :D :D
Author:  Smoked Glass [ Wed Jul 15, 2009 1:00 pm ]
Post subject: 
cabby john wrote:
Having considered doing similar I binned it, although I did not follow it up I would think that you would need an "Operators License". One other thing! like yourself I live outside the L.A that I am licensed for, but what is there to stop you getting a badge for the one that you live in, and use it to suit.
Local council required in excess of £800 to get licensed. If you just want to TAXI drive for someone else then its ok but throw in planning etc and it becomes messy.
Author:  Sussex [ Wed Jul 15, 2009 5:53 pm ]
Post subject:  Re: Cross border hiring/advertising
Derby Ram wrote:
So how do I stand legally on this?

1) You are a hackney carriage licensed under the 1847 act, your council has no powers to ensure you have an operator's license under the 1976 act.

2) A hackney carriage proprietor can advertise where he wants, in what ever way he wants without an operator's license under the 1976 act.

Ask the licensing officer what powers he has to insist you have an operator's license under the 1976 act.

Remind him of these parts in the 1976 act. TDO Legal Section
"operator's licence" means a licence under section 55 of this Act;

Section 55 Licensing of operators of private hire vehicles (1) Subject to the provisions of this Part of this Act, a district council shall, on receipt of an application from any person for the grant to that person of a licence to operate private hire vehicles grant to that person an operator's licence:

"private hire vehicle" means a motor vehicle constructed or adapted to seat [fewer than nine passengers], other than a hackney carriage or public service vehicle [or a London cab] [or tramcar], which is provided for hire with the services of a driver for the purpose of carrying passengers;
Author:  meltingsmoke [ Wed Jul 15, 2009 6:02 pm ]
Post subject: 
I would thought you would have to put a address and telphone no. on the opt licence, which has to be in the same district your are licence in. if you are a ph. as for a hack you don't need one

You can advertise any where.

As for email and voip :) its open source in the cloud any where on this planet.

You can pick up and drop off out of your area so long its booked though a opt,
Author:  wannabeeahack [ Wed Jul 15, 2009 6:14 pm ]
Post subject: 
meltingsmoke wrote:
I would thought you would have to put a address and telphone no. on the opt licence, which has to be in the same district your are licence in. if you are a ph. as for a hack you don't need one

You can advertise any where.

As for email and voip :) its open source in the cloud any where on this planet.

You can pick up and drop off out of your area so long its booked though a opt,


a hack is only a hack in his LO though....

anywhere else he is a PH....
Author:  tcabbie [ Wed Jul 15, 2009 6:24 pm ]
Post subject: 
Wannabbee a hack is a hack is a hack its not a private hire anywere its licensed as a TAXI.
Author:  Sussex [ Wed Jul 15, 2009 6:32 pm ]
Post subject: 
wannabeeahack wrote:
a hack is only a hack in his LO though....

A taxi is always a taxi, be it here, there or anywhere.

But, as we all know, he can only ply within his licensing district. :wink:
Author:  wannabeeahack [ Wed Jul 15, 2009 6:32 pm ]
Post subject: 
tcabbie wrote:
Wannabbee a hack is a hack is a hack its not a private hire anywere its licensed as a TAXI.


A hackney carriage may what?

ply for hire, and take a flag down

but ONLY in its own LO, elsewhere it cannot and is restricted to pre-booked jobs.... (i.e. - just like any other Private Hire vehicle)

lets call a spade a spade?

and its all cobblers anyway, i could have my tourneo flashed over in white, fit a meter+roof sign and be a TAXI......whoopeedoo
Author:  tcabbie [ Wed Jul 15, 2009 6:34 pm ]
Post subject: 
I agree but it does not make it a private hire car its still a TAXI
Author:  Sussex [ Wed Jul 15, 2009 6:35 pm ]
Post subject: 
wannabeeahack wrote:
A hackney carriage may what?

ply for hire, and take a flag down

What they do, where and when, is immaterial, a taxi is always a taxi. :wink:
Author:  tcabbie [ Wed Jul 15, 2009 6:37 pm ]
Post subject: 
Why does your touneo have to be flashed white to become a hackney
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