Taxi Driver Online

Yes, they're barmy.

A licensed driver can use the vehicle for SDP - but he can't let his/her significant other - behind the wheel at any time.

I can..

SWMBO can drive mine as her insurance covers her to drive any vehicle with the owners permission, sign into the boot and of she goes

. They also have a point system now deemed illegal by the Cardiff judgment.

Is Cannock Chase some kind of off shore dependency that does'nt need to conform to mainland law.

. Dear Mr Shilvock,

I have now had sight of the above document and it has been agreed with other members of the trade that a meeting will be held to determine our views on the proposed changes. It is intended to divide the proposals into four categories:

GREEN: We agree wholeheartedly with the proposals. YELLOW: Some members of the trade may have expressed concerns and we therefore may seek minor amendments.

ORANGE: We have concerns and are seeking legal advice. RED: At least one member of the trade will appeal in court against such change in the event of it being passed by the council.

It is with regret that I personally have already flagged two proposals as RED:-

1) The requirement that the use of licensed vehicles for social and domestic purposes be removed from the wording of our insurance policy documents. There is neither a legal nor a public interest basis for this proposal and therefore I personally would take the council to court on this matter.

You state that there is case law supporting this proposal. Could you please cite the relevant case law?

Furthermore, the Law Commission has recently published its own consultation document for proposed changes to primary legislation. In that document it is stated that licensed Hackney Carriage and Private Hire vehicles should continue to be allowed to be used privately, i.e. for social and domestic purposes but the onus would be on the driver to demonstrate that this is so in the event of enforcement.

I am the only person insured to drive my Hackney Carriage vehicle and this is because my wife does not hold a HC/PH driver's licence. When we go on holiday we take her vehicle as we wish to share the driving. However, on occasion when I am at home, although I have access to my wife's vehicle, I do use my HC vehicle for private use on as is permitted by my insurance policy. When this is so I always wear my HC/PH driver's badge in a manner that it is plainly and distinctly visible just as I do when the vehicle is being used for Hire and Reward.

Yates versus Gates 1970 states that a HC vehicle can only be driven by a licensed driver and that it cannot change its status from moment to moment in order that an unlicensed driver may use the vehicle for private purposes, even if he is the proprietor of said vehicle. This case law does NOT prohibit the use of HC vehicles for social and domestic purposes. It only requires that the driver of a HC vehicle always be licensed as a HC driver regardless of the status of use.

It is my view that this proposal is gratuitous, vindictive, is devoid of any public interest element and therefore serves no purpose. I would therefore appeal in the magistrates' court against this condition on this basis. Note also that Cannock Chase Council would likely be unique in imposing such a condition. I take this opportunity to remind you that Cannock Chase is a District within the United Kingdom and not some renegade fiefdom.

2) The requirement that in future all HC vehicles would have to be Wheelchair Accessible Vehicles. You may wish to consider why the government abandoned proposals to make this law by this year. The reason is that WAVs discriminate against the majority of disabled people who are not wheelchair-bound and who may find it difficult to step up into a WAV given its greater ground clearance. I suspect that this is simply the mealy-mouthed agenda of reintroducing mixed fleets of PH and HC vehicles rearing its ugly head.

I have just spoken to Mr Schiller [NPHA solicitor] and we are now in agreement that an appeal hearing before the courts would be inevitable in the event of the two proposals above being implemented by the council on the basis that these proposals are neither reasonable, necessary nor in the public interest.

Please note that the above objections are my own personal statement and this is not necessarily the view of the trade as a whole at this stage.

Yours sincerely,

Steven Toy.

So canI.

It does help when your SO is also licensed