Taxi Driver Online
http://www.taxi-driver.co.uk/phpBB2/

Another abuse of section 52
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=14722		 Page 1 of 3
Author:  captain cab [ Tue Aug 17, 2010 9:38 pm ]
Post subject:  Another abuse of section 52
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
Author:  captain cab [ Tue Aug 17, 2010 10:05 pm ]
Post subject: 
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
Author:  grandad [ Tue Aug 17, 2010 10:31 pm ]
Post subject: 
I take it that the bog cleaner got his promotion then. :lol:
Author:  Chris the Fish [ Tue Aug 17, 2010 10:33 pm ]
Post subject: 
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.
Author:  captain cab [ Tue Aug 17, 2010 10:34 pm ]
Post subject: 
grandad wrote:
I take it that the bog cleaner got his promotion then. :lol:


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
Author:  MR T [ Tue Aug 17, 2010 10:35 pm ]
Post subject: 
I think the licensing officer was right .
Author:  Chris the Fish [ Tue Aug 17, 2010 10:35 pm ]
Post subject: 
Seems some should get sacked for their misplaced zeal.
Author:  captain cab [ Tue Aug 17, 2010 10:38 pm ]
Post subject: 
MR T wrote:
I think the licensing officer was right .


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
Author:  MR T [ Tue Aug 17, 2010 10:45 pm ]
Post subject: 
ha ha gotyeah :wink:
Author:  captain cab [ Tue Aug 17, 2010 10:48 pm ]
Post subject: 
"operate" means in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle;

CC
Author:  captain cab [ Tue Aug 17, 2010 11:08 pm ]
Post subject: 
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.
Author:  captain cab [ Tue Aug 17, 2010 11:14 pm ]
Post subject: 
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!!
Author:  captain cab [ Tue Aug 17, 2010 11:16 pm ]
Post subject: 
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
Author:  MR T [ Tue Aug 17, 2010 11:18 pm ]
Post subject: 
The Sefton one says that you can smoke in a petition hackney
Author:  captain cab [ Tue Aug 17, 2010 11:21 pm ]
Post subject: 
MR T wrote:
The Sefton one says that you can smoke in a petition hackney


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

CC
Page 1 of 3 All times are UTC [ DST ]
Powered by phpBB® Forum Software © phpBB Group
http://www.phpbb.com/