Taxi Driver Online :: View topic - Are waiting list's legal.

Are waiting list's legal.

But I don't wear a white wig. :wink:

Are waiting list's legal. think about what is required to legally make an application for a licence, and then the procedure the council is legally required to take to process that application, your views please would be appreciated...

Sussex and BC..... what I am interested in is the procedure that you have to follow to be placed on the list.... what it is you actually have to do and produce..... waiting lists are mentioned all the time but are they the same.... and are they legal.... I wait with bated breath for your Response......

MR T wrote:

IMO, you have to produce two things.

A written request for a HCVL & a CRB check to prove 'Fit & Proper' status.

What else would you need to produce at the application stage, except perhaps the vehicle to be licensed.

But then, what's has all that to do with a waiting list?

However, if I come along and ask about a HC license and am told I must go on a waiting list.....isnt that tantamount to a refusal?

You most certainly do have to produce the details of the vehicle you intend to license otherwise the application is legally invalid...... and if you have made an application then the council is duty bound to process that application as quickly as possible in a reasonable time period...... failure to do so is unlawful.....

Sussex and BC..... what I am interested in is the procedure that you have to follow to be placed on the list....

MR T wrote:

Sussex and BC..... what I am interested in is the procedure that you have to follow to be placed on the list....

The procedure locally is drivers fill in a form every year confirming that they are a full-time taxi/PH driver, that they have never had a taxi plate and they live locally.

Once completed they gain a year's credit and take there place on the waiting list. If new plates are issued they go to the lads with the highest number of years/credits.

If there is an equal number of years/credits the plate goes to when the driver was first licensed.

Author:	MR T [ Fri Mar 12, 2010 10:43 am ]
Post subject:	Are waiting list's legal.
Are waiting list's legal. think about what is required to legally make an application for a licence, and then the procedure the council is legally required to take to process that application, your views please would be appreciated...

Author:	Sussex [ Fri Mar 12, 2010 5:18 pm ]
Post subject:	Re: Are waiting list's legal.
MR T wrote: Are waiting list's legal. Yes. But the issue is if it's legal to issue new plates to those at the top of the waiting list. Manchester were told no by the courts, but I believe a proper fairly constituted waiting list system is legal. But I don't wear a white wig.

Author:	grandad [ Fri Mar 12, 2010 5:33 pm ]
Post subject:	Re: Are waiting list's legal.
Sussex wrote: But I don't wear a white wig. What colour wig do you wear?

Author:	Brummie Cabbie [ Fri Mar 12, 2010 8:13 pm ]
Post subject:	Re: Are waiting list's legal.
MR T wrote: Are waiting list's legal. think about what is required to legally make an application for a licence, and then the procedure the council is legally required to take to process that application, your views please would be appreciated... Waiting lists . . . I think they are legal. The question I think is, does the council have to issue licences in the date / time order in which the applicants placed their names on the waiting list? And I think the answer to that is NO. IMO they can issue licences to applicants on the waiting list in order of merit, PROVIDED that they have a clear policy for such issuing of licences, which has been properly adopted by the licensing committee. I don't think 'Waiting List' is somehow the right terminology. Perhaps ' List of persons or parties declaring an interest in becoming a proprietor of a licensed Hackney Carriage' might be more apt. Long winded I know, but sure to stimulate debate.

Author:	MR T [ Fri Mar 12, 2010 10:51 pm ]
Post subject:
Sussex and BC..... what I am interested in is the procedure that you have to follow to be placed on the list.... what it is you actually have to do and produce..... waiting lists are mentioned all the time but are they the same.... and are they legal.... I wait with bated breath for your Response......

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Author:	captain cab [ Sat Mar 13, 2010 12:12 am ]
Post subject:
It depends upon your definition of a waiting list. Is it a list of people interested in being allocated a hackney carriage proprietors license? If so that maybe legal. However, if I come along and ask about a HC license and am told I must go on a waiting list.....isnt that tantamount to a refusal? CC

Author:	Brummie Cabbie [ Sat Mar 13, 2010 12:26 am ]
Post subject:
MR T wrote: Sussex and BC..... what I am interested in is the procedure that you have to follow to be placed on the list.... what it is you actually have to do and produce..... waiting lists are mentioned all the time but are they the same.... and are they legal.... I wait with bated breath for your Response...... IMO, you have to produce two things. A written request for a HCVL & a CRB check to prove 'Fit & Proper' status. What else would you need to produce at the application stage, except perhaps the vehicle to be licensed. But then, what's has all that to do with a waiting list?

Author:	captain cab [ Sat Mar 13, 2010 12:32 am ]
Post subject:
IMO a written request for a HC license is an application, a refusal or placing on a waiting list will trigger the appeals mechanism. To be legitimate it must be an informal enquiry. However, If a person actually applies and triggers the mechanism, IMO the waiting list itself wouldnt actually matter as the application would have to be considered. CC

Author:	captain cab [ Sat Mar 13, 2010 12:34 am ]
Post subject:
Public Health Acts Amendment Act 1907 7 Appeals to quarter sessions, &c.(1)Except where this Act otherwise expressly provides any person aggrieved—. (a)By any order, judgment, determination, or requirement of a local authority under this Act; . (b)By the withholding of any order, certificate, licence, consent, or approval, which may be made, granted, or given by a local authority under this Act;. (c)By any conviction or order of a court of summary jurisdiction under any provision of this Act; . may appeal, to the Crown Court

Author:	captain cab [ Sat Mar 13, 2010 12:59 am ]
Post subject:
Regina -v- Tower Hamlets London Borough Council, ex parte Kayne-Levenson [1975] QB 431 CC

Author:	MR T [ Sat Mar 13, 2010 3:24 am ]
Post subject:
Brummie Cabbie wrote: MR T wrote: Sussex and BC..... what I am interested in is the procedure that you have to follow to be placed on the list.... what it is you actually have to do and produce..... waiting lists are mentioned all the time but are they the same.... and are they legal.... I wait with bated breath for your Response...... IMO, you have to produce two things. A written request for a HCVL & a CRB check to prove 'Fit & Proper' status. What else would you need to produce at the application stage, except perhaps the vehicle to be licensed. But then, what's has all that to do with a waiting list? You most certainly do have to produce the details of the vehicle you intend to Licence otherwise the application is legally invalid...... and if you have made an application then the council is duty bound to process that application as quickly as possible in a reasonable time period...... failure to do so is unlawful.....

Author:	Sussex [ Sat Mar 13, 2010 8:47 am ]
Post subject:
captain cab wrote: However, if I come along and ask about a HC license and am told I must go on a waiting list.....isnt that tantamount to a refusal? Yes.

Author:	Brummie Cabbie [ Sat Mar 13, 2010 8:47 am ]
Post subject:
MR T wrote: You most certainly do have to produce the details of the vehicle you intend to license otherwise the application is legally invalid...... and if you have made an application then the council is duty bound to process that application as quickly as possible in a reasonable time period...... failure to do so is unlawful..... Even if the council has had an independent survey which has found that there is NUD, has then followed due process & decided not to issue any more HCVL?

Author:	Sussex [ Sat Mar 13, 2010 8:52 am ]
Post subject:
MR T wrote: Sussex and BC..... what I am interested in is the procedure that you have to follow to be placed on the list.... The procedure locally is drivers fill in a form every year confirming that they are a full-time taxi/PH driver, that they have never had a taxi plate and they live locally. Once completed they gain a year's credit and take there place on the waiting list. If new plates are issued they go to the lads with the highest number of years/credits. If there is an equal number of years/credits the plate goes to when the driver was first licensed.

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Author:	Brummie Cabbie [ Sat Mar 13, 2010 9:07 am ]
Post subject:
Sussex wrote: MR T wrote: Sussex and BC..... what I am interested in is the procedure that you have to follow to be placed on the list.... The procedure locally is drivers fill in a form every year confirming that they are a full-time taxi/PH driver, that they have never had a taxi plate and they live locally. Once completed they gain a year's credit and take there place on the waiting list. If new plates are issued they go to the lads with the highest number of years/credits. If there is an equal number of years/credits the plate goes to when the driver was first licensed. So, has your LA had a survey in the last three years, which established NUD?