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 Post subject: Qualifying Criterion
PostPosted: Fri Nov 05, 2004 12:27 pm 
I have a driver hes 18, passed tests in army including HGV aDVANCED
HES LEAVING THE ARMY ON MEDICAL GROUNDS.

Council say law says he must have held license 12 months b4 they can intervene

is it? which act and part?


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 Post subject: Re: Qualifying Criterion
PostPosted: Fri Nov 05, 2004 3:04 pm 
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Joined: Tue Oct 14, 2003 10:45 am
Posts: 913
Location: Plymouth, i think, i'll just check the A to Z!
Yorkie wrote:
I have a driver hes 18, passed tests in army including HGV aDVANCED
HES LEAVING THE ARMY ON MEDICAL GROUNDS.

Council say law says he must have held license 12 months b4 they can intervene

is it? which act and part?


dunno, but you cant be a driver unless you 21 & over down here. same at least 12 months with licence applies to that as well.

getting insured to drive your own car at 18 is bad enough.
getting insured to drive a HC or PH any age is bad enough.
put the two together and the lad will be driving 20 hours a week just to pay the insurance.


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 Post subject: Re: Qualifying Criterion
PostPosted: Fri Nov 05, 2004 3:41 pm 
Yorkie wrote:
I have a driver hes 18, passed tests in army including HGV aDVANCED
HES LEAVING THE ARMY ON MEDICAL GROUNDS.

Council say law says he must have held license 12 months b4 they can intervene

is it? which act and part?


18 and got his HGV?? I thought you had to be 21 even in the Army??


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 Post subject: Re: Qualifying Criterion
PostPosted: Fri Nov 05, 2004 5:09 pm 
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Joined: Sat Sep 25, 2004 4:31 pm
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Location: Grim North, Carrot Crunchers and Codhead Country, North of Watford Gap
Nidge wrote:
Yorkie wrote:
I have a driver hes 18, passed tests in army including HGV aDVANCED
HES LEAVING THE ARMY ON MEDICAL GROUNDS.

Council say law says he must have held license 12 months b4 they can intervene

is it? which act and part?


18 and got his HGV?? I thought you had to be 21 even in the Army??


NO :-o I was driving military trucks, buses, fuel tankers and tracked vehicles at the age of 17/18 years old in the army after military driving tests, the magic words are, FOR MILITARY USE ONLY
The age factor only comes to light in civvy street, remember the overaul average age of a squadie in the army or RAF is around 19 years old, someones got to drive the equipment

while still on the subject of licences, re hackney carriage licence, wasn't there a bit of a hoo ah and a court case a few years to the fact that it was only the insured hack driver could drive the hack vehicle, that also took in the vehicle repair garage [mechanics] could not even drive your vehicle on to their ramps as they held no licence to drive the taxi, you will notice that the council will not attempt to drive or move your vehicle when on council test

anyone still got details of this case???


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 Post subject: Re: Qualifying Criterion
PostPosted: Fri Nov 05, 2004 6:16 pm 
highwayman wrote:
Nidge wrote:
Yorkie wrote:
I have a driver hes 18, passed tests in army including HGV aDVANCED
HES LEAVING THE ARMY ON MEDICAL GROUNDS.

Council say law says he must have held license 12 months b4 they can intervene

is it? which act and part?


18 and got his HGV?? I thought you had to be 21 even in the Army??


NO :-o I was driving military trucks, buses, fuel tankers and tracked vehicles at the age of 17/18 years old in the army after military driving tests, the magic words are, FOR MILITARY USE ONLY
The age factor only comes to light in civvy street, remember the overaul average age of a squadie in the army or RAF is around 19 years old, someones got to drive the equipment

while still on the subject of licences, re hackney carriage licence, wasn't there a bit of a hoo ah and a court case a few years to the fact that it was only the insured hack driver could drive the hack vehicle, that also took in the vehicle repair garage [mechanics] could not even drive your vehicle on to their ramps as they held no licence to drive the taxi, you will notice that the council will not attempt to drive or move your vehicle when on council test

anyone still got details of this case???

]
At our test centre the mechanices have badges so they can road test the car.


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 Post subject: Re: Qualifying Criterion
PostPosted: Fri Nov 05, 2004 6:48 pm 
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Joined: Wed Sep 03, 2003 7:30 pm
Posts: 57341
Location: 1066 Country
Yorkie wrote:
I have a driver hes 18, passed tests in army including HGV aDVANCED
HES LEAVING THE ARMY ON MEDICAL GROUNDS.

Council say law says he must have held license 12 months b4 they can intervene

is it? which act and part?

I have sympathy, but it would appear the council are right. Unless of course he was authorised to drive on the road by the Army. :-k

59 Qualifications for drivers of hackney carriages
(1) Notwithstanding anything in the Act of 1847, a district council shall not grant a licence to drive a hackney carriage—
(a) unless they are satisfied that the applicant is a fit and proper person to hold a driver's licence; or
(b) to any person who has not for at least twelve months been authorised to drive a motor car, or is not at the date of the application for a driver's licence so authorised.
(1A) For the purposes of subsection (1) of this section a person is authorised to drive a motor car if—
(a) he holds a licence granted under Part III of the Road Traffic Act 1988(not being a provisional licence) authorising him to drive a motor car, or
(b) he is authorised by virtue of section 99A(1) [or section 109(1)] of that Act to drive in Great Britain a motor car.
(2) Any applicant aggrieved by the refusal of a district council to grant a driver's licence on the ground that he is not a fit and proper person to hold such licence may appeal to a magistrates' court.

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 Post subject:
PostPosted: Fri Nov 05, 2004 8:40 pm 
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Joined: Sat Oct 23, 2004 3:55 pm
Posts: 277
Location: In the Merc
Stevo wrote:

Quote:
dunno, but you cant be a driver unless you 21 & over down here. same at least 12 months with licence applies to that as well.


As stated before only Private Hire in London have cars, hackney is black cabs only and we all know about the three year knowledge test for those guys eusasmiles.zip

PCO regulations state that not only a PH driver needs to be over 21 but that he/she has held a full driving license to drive a car for at least 3 years. :? ](*,)

This came up with a pal of mine who had driven a motorcycle for all his life and never bothered to get a car license, got one to be a chauffeur and was advised by the PCO to apply for his temp permit at the last possible oportunity as by time his application for a full PCO license came up he would have served his three years, so it could not be refussed. :D

I thought all Local Authorities were working from the same basic statutes as far as licensing was concerned, but the more I learn the more it becomes clear they are not.

No wonder drivers in London are getting as scarce as virgins in a brothel :-s


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 Post subject: Re: Qualifying Criterion
PostPosted: Fri Nov 05, 2004 8:47 pm 
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Joined: Wed Sep 03, 2003 7:30 pm
Posts: 57341
Location: 1066 Country
highwayman wrote:
while still on the subject of licences, re hackney carriage licence, wasn't there a bit of a hoo ah and a court case a few years to the fact that it was only the insured hack driver could drive the hack vehicle, that also took in the vehicle repair garage [mechanics] could not even drive your vehicle on to their ramps as they held no licence to drive the taxi, you will notice that the council will not attempt to drive or move your vehicle when on council test

anyone still got details of this case???

All qualified mechanics, and the like, can drive HCs whilst they are working on them.

It's slightly greyer with the PH trade since the Benson/Boyce judgement. But the Gov did say following that judgement that qualified mechanics could do the same with PH, as with HC.

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IDFIMH


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 Post subject:
PostPosted: Fri Nov 05, 2004 8:59 pm 
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Joined: Sat Oct 23, 2004 3:55 pm
Posts: 277
Location: In the Merc
We can have any driver for PH but nobody can drive the vehicle for any other purpose unless they have their own insurance. Of course the named driver is insured for private use, but NOT ANYONE ELSE!!

That is quite clesr


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 Post subject: Re: Qualifying Criterion
PostPosted: Sat Nov 06, 2004 4:26 am 
highwayman wrote:
Nidge wrote:
Yorkie wrote:
I have a driver hes 18, passed tests in army including HGV aDVANCED
HES LEAVING THE ARMY ON MEDICAL GROUNDS.

Council say law says he must have held license 12 months b4 they can intervene

is it? which act and part?


18 and got his HGV?? I thought you had to be 21 even in the Army??


NO :-o I was driving military trucks, buses, fuel tankers and tracked vehicles at the age of 17/18 years old in the army after military driving tests, the magic words are, FOR MILITARY USE ONLY
The age factor only comes to light in civvy street, remember the overaul average age of a squadie in the army or RAF is around 19 years old, someones got to drive the equipment

while still on the subject of licences, re hackney carriage licence, wasn't there a bit of a hoo ah and a court case a few years to the fact that it was only the insured hack driver could drive the hack vehicle, that also took in the vehicle repair garage [mechanics] could not even drive your vehicle on to their ramps as they held no licence to drive the taxi, you will notice that the council will not attempt to drive or move your vehicle when on council test

anyone still got details of this case???


yes I have, a mechanic can take a taxi to test and drive whilst testing it.

but they never put it in the misc prov act so they cannot do the same for private hire.

its one of those things that the magazine mob of Rowlands and co keep bringing up

thats what you are on about.


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 Post subject:
PostPosted: Fri Dec 10, 2004 10:42 pm 
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Location: Wayneistan
wasnt that case benson-v-boyce?

regards

captain cab


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 Post subject:
PostPosted: Sat Dec 11, 2004 7:22 pm 
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Location: 1066 Country
captain cab wrote:
wasnt that case benson-v-boyce?

That was the one where the judge said that only a licensed PH could drive a licensed PH.

Although the gov gave a statement at the time saying that a mechanic could also drive one in the course of his work, that still goes against the broad thrust of Benson-v-Boyce.

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