Taxi Driver Online :: View topic - Non licensed spouse driving HC/PHV

I know this question has been asked before but I can't find a thread on it anywhere. It's also raised it's head locally since the LA put a comment in a newsletter.

So, I know s47 TPCA provides a penalty for an unlicensed driver but can anyone point me towards a court case to illustrate the point to my colleagues locally?

A lot of owners are under the misapprehension that their spouse can drive the vehicle provided they have SD&P insurance, remove the roof sign, etc., etc.

I would appreciate any help that any of you can proffer on this subject.

One guy I know got collared by the Council because he didn't have a badge, he was a mechanic working for a Hack firm and was testing cars at the time.

One guy I know got collared by the Council because he didn't have a badge, he was a mechanic working for a Hack firm and was testing cars at the time.

He's got a badge now as have the Council Mechanics who test the cars.

PH cars are licensed under a section 50 exemption. If an unlicesed driver is driving one they must remove plates and have a current MOT for the vehicle.

this may be an good earner (for either a LA or DVLA+insurers) but is ludicrous and a drain on finances

wannabeeahack wrote:

this may be an good earner (for either a LA or DVLA+insurers) but is ludicrous and a drain on finances

The reason both these judgements are helpful for the licensed trade is that it stops unlicensed drivers from doing our work.

Yes it is inconvenient for Mrs Cabby and Mrs PH, but can you imagine the scams the limo mob would do in licensed vehicles using unlicensed driver.

Nigel wrote:

why would a mechanic/tester need a badge to TEST a vehicle inside a MOT test centr?

Nigel wrote:

One guy I know got collared by the Council because he didn't have a badge, he was a mechanic working for a Hack firm and was testing cars at the time.

There are provisions in the act which allows mechanics to carry out tests in taxis on the road.

Author:	cabbyman [ Fri Oct 01, 2010 7:37 pm ]
Post subject:	Non licensed spouse driving HC/PHV
I know this question has been asked before but I can't find a thread on it anywhere. It's also raised it's head locally since the LA put a comment in a newsletter. So, I know s47 TPCA provides a penalty for an unlicensed driver but can anyone point me towards a court case to illustrate the point to my colleagues locally? A lot of owners are under the misapprehension that their spouse can drive the vehicle provided they have SD&P insurance, remove the roof sign, etc., etc. I would appreciate any help that any of you can proffer on this subject.

Author:	Sussex [ Fri Oct 01, 2010 8:33 pm ]
Post subject:	Re: Non licensed spouse driving HC/PHV
cabbyman wrote: I know this question has been asked before but I can't find a thread on it anywhere. It's also raised it's head locally since the LA put a comment in a newsletter. So, I know s47 TPCA provides a penalty for an unlicensed driver but can anyone point me towards a court case to illustrate the point to my colleagues locally? A lot of owners are under the misapprehension that their spouse can drive the vehicle provided they have SD&P insurance, remove the roof sign, etc., etc. I would appreciate any help that any of you can proffer on this subject. Hackney carriage. Yates-v-Gates Private hire. Benson-v-Boyce

Author:	Brummie Cabbie [ Fri Oct 01, 2010 11:52 pm ]
Post subject:
Thanks for that Mr Sussex; I will use both of those in due course. The only council that I know of that have taken positive steps to eradicate this epidemic, is Leeds, who some years ago decided to make their own in-house stick-on PH plates. They can only be stuck on once, because by removing them the plate is almost distroyed & cannot be re-attached. And if the proprietor removes the plate before expiry, there's a big 'steward's enquiry'. I tried to get our council to do that, but they have opted for the same idea only using rear door stickers that are almost like the PH plate & again can't be re-used once removed. That scheme started today, so we'll wait & see if PH get round it.

Author:	Nigel [ Sat Oct 02, 2010 6:34 am ]
Post subject:
One guy I know got collared by the Council because he didn't have a badge, he was a mechanic working for a Hack firm and was testing cars at the time. He's got a badge now as have the Council Mechanics who test the cars.

Author:	Sussex [ Sat Oct 02, 2010 7:42 am ]
Post subject:
Nigel wrote: One guy I know got collared by the Council because he didn't have a badge, he was a mechanic working for a Hack firm and was testing cars at the time. There are provisions in the act which allows mechanics to carry out tests in taxis on the road.

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Author:	wannabeeahack [ Sat Oct 02, 2010 3:55 pm ]
Post subject:
apart from vehicles that a non-badged family member wouldnt wish to be seen dead driving this is just about the stupidest rule i can imagine if i work a car days and the wife wants to drive to work in an office 9-5pm mon-friday im supposed to either badge her or buy a 2nd vehicle? this may be an good earner (for either a LA or DVLA+insurers) but is ludicrous and a drain on finances "most" private hire vehicles are (or damn well should be) indistinguishable from a private car (whose gonna try flagging down a private car?...) so what exactly IS the problem?

Author:	tom2907 [ Sat Oct 02, 2010 6:30 pm ]
Post subject:
PH cars are licensed under a section 50 exemption. If an unlicesed driver is driving one they must remove plates and have a current MOT for the vehicle.

Author:	wannabeeahack [ Sat Oct 02, 2010 7:01 pm ]
Post subject:
tom2907 wrote: PH cars are licensed under a section 50 exemption. If an unlicesed driver is driving one they must remove plates and have a current MOT for the vehicle. Tell my LA that please.........

Author:	Sussex [ Sat Oct 02, 2010 7:08 pm ]
Post subject:
wannabeeahack wrote: this may be an good earner (for either a LA or DVLA+insurers) but is ludicrous and a drain on finances The reason both these judgements are helpful for the licensed trade is that it stops unlicensed drivers from doing our work. Yes it is inconvenient for Mrs Cabby and Mrs PH, but can you imagine the scams the limo mob would do in licensed vehicles using unlicensed driver.

Author:	wannabeeahack [ Sat Oct 02, 2010 7:13 pm ]
Post subject:
Sussex wrote: wannabeeahack wrote: this may be an good earner (for either a LA or DVLA+insurers) but is ludicrous and a drain on finances The reason both these judgements are helpful for the licensed trade is that it stops unlicensed drivers from doing our work. Yes it is inconvenient for Mrs Cabby and Mrs PH, but can you imagine the scams the limo mob would do in licensed vehicles using unlicensed driver. from what i read most limos are not plated nor drivers badged either, and who would use a 25ft stretch to nip to the office? i obviously refer to ordinairy saloons/estates/hatches and MPVs (to be found negotiating the office car park) so long as the drivers insured and car is taxed/tested preventing a licensed (dvla B) driving is utter nonsense if we are away on holiday and i meet with an accident and cant drive does this mean the wife cant drive my mondeo back home?

Author:	grandad [ Sat Oct 02, 2010 7:39 pm ]
Post subject:
When one of our local taxi drivers died at Stansted airport, The chap that went down to bring the car back had to prove that he was badged and insured to drive it before the police would release the car to him.

Author:	tom2907 [ Sat Oct 02, 2010 8:43 pm ]
Post subject:
Grandad, do not want to make light of one of your drivers dying at Stanstead, But, are the delay's that bad.

Author:	Nigel [ Sun Oct 03, 2010 6:57 am ]
Post subject:
wannabeeahack wrote: Nigel wrote: One guy I know got collared by the Council because he didn't have a badge, he was a mechanic working for a Hack firm and was testing cars at the time. He's got a badge now as have the Council Mechanics who test the cars. why would a mechanic/tester need a badge to TEST a vehicle inside a MOT test centr? Arsey Council mate.

Author:	Nigel [ Sun Oct 03, 2010 6:58 am ]
Post subject:
Sussex wrote: Nigel wrote: One guy I know got collared by the Council because he didn't have a badge, he was a mechanic working for a Hack firm and was testing cars at the time. There are provisions in the act which allows mechanics to carry out tests in taxis on the road. I think the Council wouldn't let him take them for testing without a badge.

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