Taxi Driver Online :: View topic - Is This Council Correct? I Have My Doubts

A driver took out a policy with us on a PH. As is common, we asked for a copy of his badge. Below is my email to council, then their reply. Anyone any thoughts?

You must make sure you are bomb-proof regardless of any possible niceties in interpretation.

"We the Lichfield District Council in accordance with the provisons of the Town, Police Clauses act 1847 and the Local Government (Miscellaneous Provisions) act 1976 and upon application

Of...................
of address.......................

Hereby licence the above person as a driver of any hackney carriage licensed to ply for hire with in the area of the District Council , or any private hire vehicle licensed by Lichfield District Council"

heres the first paragraph of my dual badge licence

Quote:

My new badge is due in the next couple of weeks. I can fax it to you if you have a fax number.

Author:	2 Jobs [ Wed Nov 07, 2012 2:02 pm ]
Post subject:	Is This Council Correct? I Have My Doubts
A driver took out a policy with us on a PH. As is common, we asked for a copy of his badge. Below is my email to council, then their reply. Anyone any thoughts? Me "Good Morning We act as insurance brokers for Mr XXXX with regard to his Private Hire Vehicle VW Passat XX10XXX. One of the insurance company’s requirements is that a copy of the driver badge or license is provided. Mr XXXX has presented us with his Hackney Carriage drivers badge 999. It makes no mention that he is entitled to drive a private hire vehicle under the 1976 Miscellaneous Provisions Act. He tells us this is the only badge he has and it would appear therefore he is not licensed to drive a PH under current legislation. Could you please clarify? We normally see dual purpose badges where both types of vehicle are to be driven and specific reference is made to both the 1847 Act and the 1976 Act. Many thanks" Council " Dear Mr 2 Jobs, XXXXX XXXXXXX Hackney Carriage driver’s licence is a dual purpose licence, therefore, our hackney drivers can drive both hackney and private hire licenced vehicles. I can confirm that Mr XXXX is licensed to drive HC and PH vehicles licensed with XXXXXX XXXXX. I hope this helps. If you have further queries please do not hesitate to contact me. Kind regards" I had a similar issue with a Kent LA a few years back and the [edited by admin] hit the fan when the local trade found out and it was considered PH drivers were not correctly licensed.

Author:	cabbyman [ Wed Nov 07, 2012 4:08 pm ]
Post subject:	Re: Is This Council Correct? I Have My Doubts
I would: 1) Write to them snail mail and get a reply the same way. I'm not sure how far the court system has caught up with using E mails in evidence. 2) Ask for a certified copy of his paper hc licence from the council (Ours issue a paper licence and a badge), and reference to the bye law/ condition confirming the dual use of the badge. LAs can only do that which they are authorised to do. Therefore, there must be a council resolution of some sort, somewhere.

Author:	bloodnock [ Wed Nov 07, 2012 6:54 pm ]
Post subject:	Re: Is This Council Correct? I Have My Doubts
Wheres the problem? If you've seem his Taxi Drivers Licence which as the council says covers PH as well...That's the norm is it not.

Author:	Sussex [ Wed Nov 07, 2012 8:51 pm ]
Post subject:	Re: Is This Council Correct? I Have My Doubts
2 Jobs wrote: A driver took out a policy with us on a PH. As is common, we asked for a copy of his badge. Below is my email to council, then their reply. Anyone any thoughts? Dual licenses are used in many areas, so it will be ok. I have my doubts about the legality of these things, but if a council combines two licenses into one I can't see a problem for the insurance company. Just a problem for the council.

Author:	2 Jobs [ Wed Nov 07, 2012 9:26 pm ]
Post subject:	Re: Is This Council Correct? I Have My Doubts
I just wondered cos my badge says Licensed Hackney Carriage & Private Hire Driver. My paper license states "We the Council of XXJFCKGLKJH:LLYUF in pursuence of the powers vested in us by Setions 46 and 51 of the Local Government Miscellaneous Provisions) Act 1976 , Section 46 of the Town Police Clauses Act 1847 and all other powers enabling us in this behalf do hereby license Mr 2 Jobs 0f sdsdfwqwwwf to act as the driver of any Hackney Carriage //// and also to act within the said Borough as the driver of any Private Hire Vehicle etc etc. Surely the licence must specifically state both acts, not just a bye law? Maybe his paper license does go into more detail? I'm probably being too much of a 2 jobsworth but I do get to be a bit of a dog with a bone on such things. Sad really. Haven't had a comment from the is co yet though. I wonder if a cop would notice and pick up the point?

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Author:	cabbyman [ Thu Nov 08, 2012 1:02 am ]
Post subject:	Re: Is This Council Correct? I Have My Doubts
You must make sure you are bomb-proof regardless of any possible niceties in interpretation.

Author:	2 Jobs [ Thu Nov 08, 2012 10:47 am ]
Post subject:	Re: Is This Council Correct? I Have My Doubts
Appreciate the feedback. I regurlaly see dual purpose badges and licenses and am in no doubt mine and many others are worded correctly. I just have doubts about the way this council is going about it.

Author:	wannabeeahack [ Thu Nov 08, 2012 11:34 am ]
Post subject:	Re: Is This Council Correct? I Have My Doubts
cabbyman wrote: You must make sure you are bomb-proof regardless of any possible niceties in interpretation. or payout avoidance by insurers

Author:	United Taxis 11 [ Thu Nov 08, 2012 11:08 pm ]
Post subject:	Re: Is This Council Correct? I Have My Doubts
in my district you can have a taxi driver licence and drive a private i do it as i used to own a taxi plate but you can't drive a taxi with a private hire licence because you can pick up at ranks off street ETC.with a taxi licence you go through more checks but with private dispatch know who you are picking up and when

Author:	Brummie Cabbie [ Fri Nov 09, 2012 4:22 am ]
Post subject:	Re: Is This Council Correct? I Have My Doubts
I have always believed that licensing authorities / councils offering 'dual-badged' driver licences are completely wrong and just trash the legislation in doing so. How can a 'dual-badged' driver licence be issued to cover both HC and PH driving when the individual licences are legislated for by two completely seperate Acts of Parliament enacted 129 years apart? The usual 'catch-all' reason why licensing authorities / councils issue 'dual-badged' driver licences is because they can't be ar$ed to go through the quite lengthy process of creating bye-laws for hackney carriage drivers, which is the only legal way of regulating hackney carriage drivers, but by creating a 'dual-badged' driver licence they can rely on Conditions of Private Hire Driver Licence to regulate the driver. We don't have them in Brum and any drivers that have stood for this scam in their area need to wake up & smell the coffee. For a start, hackney carriage bye-laws have to be approved by the lawyers at the DfT, whereas a licensing authority / council can invent all sorts of bizarre conditions [and many do so] for Conditions of Private Hire Driver Licence and all they have to do is approve those conditions at a licensing committee meeting. The poor private hire or 'dual-badged' driver can then fall foul of some obscure and unreasonable condition and has an uphill task of challenging that condition as unreasonable through the courts. And how many do? I would dearly love to see the wording on any 'dual-badged' HC and PH paper driver licence!! If anyone has one of these please email me a copy to brummiecabbie@hotmail.co.uk with all the personal details blocked out of course.

Author:	grandad [ Fri Nov 09, 2012 6:33 am ]
Post subject:	Re: Is This Council Correct? I Have My Doubts
My new badge is due in the next couple of weeks. I can fax it to you if you have a fax number.

Author:	wannabeeahack [ Fri Nov 09, 2012 10:52 am ]
Post subject:	Re: Is This Council Correct? I Have My Doubts
heres the first paragraph of my dual badge licence Quote: "We the Lichfield District Council in accordance with the provisons of the Town, Police Clauses act 1847 and the Local Government (Miscellaneous Provisions) act 1976 and upon application Of................... of address....................... Hereby licence the above person as a driver of any hackney carriage licensed to ply for hire with in the area of the District Council , or any private hire vehicle licensed by Lichfield District Council"

Author:	cabbyman [ Mon Nov 12, 2012 7:59 pm ]
Post subject:	Re: Is This Council Correct? I Have My Doubts
Did you get any more on this, 2 Jobs???

Author:	Brummie Cabbie [ Mon Nov 12, 2012 8:23 pm ]
Post subject:	Re: Is This Council Correct? I Have My Doubts
wannabeeahack wrote: heres the first paragraph of my dual badge licence Quote: "We the Lichfield District Council in accordance with the provisons of the Town, Police Clauses act 1847 and the Local Government (Miscellaneous Provisions) act 1976 and upon application Of................... of address....................... Hereby licence the above person as a driver of any hackney carriage licensed to ply for hire with in the area of the District Council , or any private hire vehicle licensed by Lichfield District Council" And do you have byelaws to regulate you as a hackney carriage driver and conditions of private hire driver licence to regulate you as a private hire driver?

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