Taxi Driver Online

I have received reports that a Hackney Carriage driver in Tunbridge Wells has had his license immediately suspended following a swoop by the local authority.

Apparently the driver set up his own website with his own phone number.

The council called him for a cab, he went to pick the fare up and was swooped on upon termination of the hire.

The LA are allegedly saying he should have had a PH operators license to accept pre bookings.

The driver is a driver, not a proprietor.

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

I have referred the people involved to Wathan vs Neath Port Talbot, the Brentwood vs Gladen judgement and the model byelaws which state;

The proprietor or driver of a hackney carriage who has agreed or has been hired to be in attendance with the carriage at an appointed time and place shall, unless delayed or prevented by some sufficient cause, punctually attend with such carriage at such appointed time and place.

Lets face facts here.......that is a pretty big f*cking clue that a HC driver can accept a pre-booking!!!!!!

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

I take it that the bog cleaner got his promotion then.

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Grandad,

I have always been assured that a Hackney Driver is de facto his/her own operator and does not need to license as an operator seperately.

A Hackney only firm which takes bookings needs no operator licence, but if they have even one PH then they do need an operator licence.

But, I might be wrong.

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Chris The Fish

http://www.youtube.com/watch?v=Gdlyi5mc ... re=related

I suspect your right.......is it just me or are there a lot of people in licensing departments going around merely justifying their job worthyness at the moment?

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

I think the licensing officer was right .

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

Seems some should get sacked for their misplaced zeal.

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Chris The Fish

http://www.youtube.com/watch?v=Gdlyi5mc ... re=related

You would, but please read section 80 of the 1976 act, look at the description of 'operate' and then wonder why the chap turned up in a Hackney Carriage.

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

ha ha gotyeah

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

"operate" means in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle;

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

From Brentwood vs Gladen

35. The district judge posed this question for the opinion of the High Court:

"Whether it is necessary to hold a licence under section 55 of the Local Government (Miscellaneous Provisions) Act 1976, in an area where that Act is in force, to operate a hackney carriage duly licensed as such under the Town Police Clauses Act 1847 as a private hire vehicle."

36. The answer to that question is: no. Accordingly, I would dismiss this appeal.

37. MR JUSTICE SILBER: I agree that this appeal must be dismissed.

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

I have reached the clear view that the district judge in this case was correct and that section 46(1)(d) is not breached where a licensed hackney carriage and a licensed hackney carriage driver is provided for the relevant conveyance of a passenger, albeit it is provided through an operator. In those circumstances, an operator's licence under section 55 of the Act is not appropriate, since that section does not cover hackney
carriages.

Nearly missed that important paragraph!!

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Thinking on, I wonder how effing stupid this council actually is.

They have made a rulebook for HC drivers that actually orders them to break a High Court judgement!

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

The Sefton one says that you can smoke in a petition hackney

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

sefton council say many things, what they actually do is a mystery to us all

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin