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Letter received from our lot today regarding over ranking.
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Author:  Nigel [ Wed May 19, 2010 6:24 pm ]
Post subject:  Letter received from our lot today regarding over ranking.
Dear Mr Marchant

Thank you for your letter that I received via e-mail on 19 May 2010.

Could I please refer you to the letter sent to you by Kevin Neale on the 22 February 2010 regarding use of the CCTV camera. May I reinforce the fact that the use of Public CCTV equipment is not Covert use but rather Overt use as you are aware that the system is being used.

Regarding conditions attached to your Hire Vehicle Drivers Licence, under the Local Government (Miscellaneous Provisions) Act 1976, Section 57(1), which states:-

“A District council may require any applicant for a licence under the Act of 1847 or under this part of this Act to submit to them such information as they may reasonably consider necessary to enable them to determine whether the licence should be granted and whether conditions should be attached to any such licence”

This indicates that conditions can be attached to any licence granted under the Town Police Clauses Act 1847, and therefore conditions could be attached to a Hackney Carriage Drivers Licence.

The Department for Transport’s view is detailed in their note to Local Authorities dated July 2005:-

“The Departments view is that the power to grant a licence to a Hackney Carriage driver under S46 of the Town Police Clauses Act 1847, implies a power to attach conditions to that licence”

The warning letters issued to drivers state that further action “MAY” be taken and not “WILL”. This is to advise drivers of what action could be taken and not that action will be taken.

Regarding the suspension of a Hire Vehicle Drivers Licence. Should this action be seen as being necessary for causing a danger to other road users by over-ranking, then it may be considered to suspend the licence under Section 61(2)(b) of the LG(MP)Act 1976 which states:-


“If it appears that in the interests of public safety require the suspension or revocation of the licence to have immediate effect, and the notice given to the driver under subsection(2)(a) of this section includes a statement that is so and a explanation why, the suspension or revocation takes effect when the notice is given to the driver”.

This would mean that the licence is suspended with immediate effect and will remain suspended during the time of appeal and until any such appeal has been heard.

Regarding rank space, may I point out again that your own Taxi Association has stated that the Council has provided more than sufficient rank space for the number of licensed vehicles within Ashfield.

We would be pleased to meet with you to discuss any problems you perceive to have, let us know when a time a place has been arranged during the working day, between 8am and 4pm, and we will endeavour to attend.

Yours sincerely



Joanne Lindley
Licensing Enforcement Officer
Author:  Sussex [ Wed May 19, 2010 6:45 pm ]
Post subject:  Re: Letter received from our lot today regarding over rankin
Nigel wrote:
Regarding conditions attached to your Hire Vehicle Drivers Licence, under the Local Government (Miscellaneous Provisions) Act 1976, Section 57(1), which states:-

“A District council may require any applicant for a licence under the Act of 1847 or under this part of this Act to submit to them such information as they may reasonably consider necessary to enable them to determine whether the licence should be granted and whether conditions should be attached to any such licence”

This indicates that conditions can be attached to any licence granted under the Town Police Clauses Act 1847, and therefore conditions could be attached to a Hackney Carriage Drivers Licence.

The Department for Transport’s view is detailed in their note to Local Authorities dated July 2005:-

“The Departments view is that the power to grant a licence to a Hackney Carriage driver under S46 of the Town Police Clauses Act 1847, implies a power to attach conditions to that licence”

Really not happy with that response. :sad:

Wathan-v-Neath and Port Talbot clearly states that there are no powers to impose conditions on a hackney carriage driver's license.

The circular she mentions has been rubbished by our good friend Mr Button in his latest licensing book, and I'm not convinced even the DfT believe it any more.

Scrapping the bottom of the barrel methinks. [-X

I would ask her if she has taken professional advice or if she is making it up as she goes along.
Author:  Sussex [ Wed May 19, 2010 6:50 pm ]
Post subject:  Re: Letter received from our lot today regarding over rankin
Nigel wrote:
Regarding the suspension of a Hire Vehicle Drivers Licence. Should this action be seen as being necessary for causing a danger to other road users by over-ranking, then it may be considered to suspend the licence under Section 61(2)(b) of the LG(MP)Act 1976 which states:-

“If it appears that in the interests of public safety require the suspension or revocation of the licence to have immediate effect, and the notice given to the driver under subsection(2)(a) of this section includes a statement that is so and a explanation why, the suspension or revocation takes effect when the notice is given to the driver”.

This would mean that the licence is suspended with immediate effect and will remain suspended during the time of appeal and until any such appeal has been heard.

So now this stupid woman is saying that drivers can be put off the road for weeks, maybe months, for over ranking.

FFS didn't many brave folks fight a war against people like her? [-(
Author:  bloodnock [ Wed May 19, 2010 10:18 pm ]
Post subject:  Re: Letter received from our lot today regarding over rankin
Sussex wrote:
Nigel wrote:
Regarding the suspension of a Hire Vehicle Drivers Licence. Should this action be seen as being necessary for causing a danger to other road users by over-ranking, then it may be considered to suspend the licence under Section 61(2)(b) of the LG(MP)Act 1976 which states:-

“If it appears that in the interests of public safety require the suspension or revocation of the licence to have immediate effect, and the notice given to the driver under subsection(2)(a) of this section includes a statement that is so and a explanation why, the suspension or revocation takes effect when the notice is given to the driver”.

This would mean that the licence is suspended with immediate effect and will remain suspended during the time of appeal and until any such appeal has been heard.

So now this stupid woman is saying that drivers can be put off the road for weeks, maybe months, for over ranking.

FFS didn't many brave folks fight a war against people like her? [-(


Yes..but sadly not actually her.
Author:  mancityfan [ Thu May 20, 2010 7:34 am ]
Post subject: 
Quote:
Could I please refer you to the letter sent to you by Kevin Neale on the 22 February 2010 regarding use of the CCTV camera


WHAT DOES THIS LETTER SAY?
Author:  Nigel [ Thu May 20, 2010 9:28 am ]
Post subject: 
mancityfan wrote:
Quote:
Could I please refer you to the letter sent to you by Kevin Neale on the 22 February 2010 regarding use of the CCTV camera


WHAT DOES THIS LETTER SAY?


It's regarding using CCTV to get our number plates when we are over ranking. If you PM me an email address I'll mail it off to you.
Author:  GBC [ Thu May 20, 2010 12:58 pm ]
Post subject: 
In London they use the cameras to send you PCN's at £60 a go for over ranking.

That's because London has no crime or terrorism to worry about.

Just nasty vehicles parking on the streets.
Author:  Nigel [ Thu May 20, 2010 1:06 pm ]
Post subject: 
Just got this back.


Mr Marchant

The badges that we issue to Hackney Carriage drivers are Hire Vehicle
Drivers Licences which are in actual fact joint badges issued under the
Local Government (Miscellaneous Provisions) Act 1976.

We are fully aware of what the Port Talbot case states, this refers to
Hackney Carriage Licences issued under the Town Police Clauses Act 1847.

We have consulted Legal Services.

Also we have taken account of the Department of Transport Circular and
Section 57(1) under the Local Government (Miscellaneous Provisions) Act
1976.

I take exception to your comment.

Joanne Lindley
Author:  Sussex [ Thu May 20, 2010 8:16 pm ]
Post subject: 
Nigel wrote:
I take exception to your comment.

Image

However the stupid cow still doesn't address the suggestion of hers that drivers can be put of the road for weeks, maybe months, for simple parking infringements.

If cars/taxis/buses etc etc are violating parking restrictions then give them a ticket, don't take away their livelihoods.

I hope she isn't in a union as I would insist she got chucked out. :sad:
Author:  captain cab [ Thu May 20, 2010 10:59 pm ]
Post subject: 
Interesting stuff.

CC
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