Taxi Driver Online

So it seems my LO will refuse to relicence my 55 reg Chrysler because they have a 7 year age limit on any car that isn't a London type taxi.

Quite why they choose this arbitary age is a mystery. My car has passed its latest compliance check 4 weeks ago; is in excellent condition for its age, yet because it's now 7 years old, is deemd unfit for further service!

The "rules" give the LO discretion to relicence; but contrary the rules also say in an earlier paragraph that they will not relicence anything over 7 years old. So it seems there's a conflict on how to inetrpret the rules! The only appeal mentioned in "the rules" is to the local magistrates, yet when I spoke to the LO this morning he said there may be an appeal to the licencing committee but isn't sure! Hohum.

So, I then suggested that as I have requested an appeal, I am allowed to relicence the car pending an appeal either through the LC or the local magistrates to which he had to agree.

Age limits are a bit of a hotch potch as other LAs round here vary; Tonbridge-no age limit, likewise at Rother; Ashford and Dover 10 years...roll on the Law commission review!

If all else fails, I'll simply use one of my spare PSV operators licences and keep running anyway!

daft, just plain daft

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

Lichfield (non purpose built) age limits (hack or PH) are:-

1st grant maximum 4 years
last plate 6 years
the age exempt over 6 years with 3 tests a year and a 4 month plate costing 2 x £85 fees

BUT there is a 200k absolute mileage limit

our junior LO said theres no mileage limit and they go on condition till i pointed out she had just sent me the 200k limit paperwork, then silence.....................

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Of all the things ive lost, i miss my mind the most

it isnt a conflict, its inbuilt to smudge the issue

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Of all the things ive lost, i miss my mind the most

Ive just seen a Merc Vito plated for Solihull, 1st plate, 2004 reg

i could spit

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Of all the things ive lost, i miss my mind the most

Raving mad pal!! Especially as I've just had a lot of bits replaced like front suspension arms & bushes, track rod ends (3rd time), front wheel bearings etc and the car is immaculate!

My view is that the quicker the Law Commission Review comes into effect the better. I told the LO I was currently running a 60 year old bus on a psv licence and that is now exempt from ANY form of testing apart from my 8-weekly safety check! He said well, yes...

Plain daft some of these regs. I suspect Shepway's regs are not fit for purpose as I feel they should have an appeal to the Licencing Committee without having to go to the mags at the first instance.

My appeal was heard by the "committee" here.

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Grandad,

So what's the age limit thing about Roy?

Is there some immutable rule whereby the vehicle will go from one day being in perfect working order - to the next when it suddenly becomes a deathtrap?

Why 7 years of age - why not 6 or 8?

What about the vehicles track record - has it a history of failing tests - if it hasn't why would that change once it gets to a certain age? Indeed, the LA can test the vehicle up to 3 times per year and perhaps insist you produce evidence of servicing and maintenance.

I don't think these age policies are anything more than a few councillors getting a wee stiffy because they have the power to put them in place - and I'd like to see their defence.

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

Its a shame that london let the age restriction through,even though they said it was about emissions whats the difference between 16 year old fairway and 12 year old tx1 same engine ? Its all about what some councilors see as upgrading image,whereas in reality we all know you can have a immaculate 15 year old cab and a shed of 5 years old We can licence over 15 years but its tested three times a year and has to pass a exceptional condition requirement.

Simply because it's in the rules. 7 years and out. Like I said earlier, the car was tested on 28th February this year, and a month later is "unfit" for purpose because it's 7 years old. In fact it was 7 years and 4 months old when that test was done, so they were quite happy for me to run a vehicle 4 months over the age limit until the end of the licence. Suddenly it's a death trap.

As I'm also a bus operator, I'm used to "doing things right" or I have an enforced visit to Eastbourne to see the Traffic Commissioner. I apply the same criteria to my private hire car: regular servicing at the local garage, anything wrong, fix it, no expense spared, public safety must come first. It failed a test about a year ago with play on a track rod end; the previous failure was a number plate light out.

I've sent a copy of the service history to the LO aong with the renewal documents. Having read through the TDO court database, the only reference I can find to vehicle age was in Swansea in 2006. The case I had in mind involved a Gloucestershire opertor who had something like a Transit and the space between the front centre seat was something like 10mm too narrow. He won a Crown Court appeal on the grounds that the rules were "not fit for purpose". I actually met that operator at the LC meetin we had in London last year but can't remember his name.

My LO reckons "someone" has already tried an appeal at dover Magistrates on this issue and has lost, but hasn't yet provided me with case details. So, if anyone here has any similar case details, let me know.

I might well FOI the council to see if they consulted the trade before they changed the regs again. I don't recall being invited to give comments, even though I met with one of the licencing committee councillors to try to bring him up to speed on certain things. He didn't even bother replying to my letter either.

Ask them what their criteria is for allowing older vehicles.

They must show flexibility, else they are in breach of umpteen laws, so insist they say what will be allowed past 7 years, and what wont, and why?

Remind them what the Gov Best Practise says;

Age Limits.
It is perfectly possible for an older vehicle to be in good condition. So the setting of an age limit beyond which a local authority will not license vehicles may be arbitrary and inappropriate. But a greater frequency of testing may be appropriate for older vehicles - for example, twice-yearly tests for vehicles more than five years old.

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IDFIMH

and remind them they cannot 'fetter' their discretion;

Hyndburn BC vs Rauf & Kasim
viewtopic.php?t=5356

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

http://www.shepway.gov.uk/UserFiles/Fil ... 202012.pdf is their handbook. I've never been issued this copy.

Section 5.2.2 gives the maximum age limit of 7 years, end of, no discretion, bugger off you're finished.
S 12 gives exceptional condition This contradicts S5.2.2 somewhat.
S18 gives the appeal process. No appeal to the licencing committee. Is this lawful?

I'd say it needs challenged - no doubt their response will be go ahead - it has to be done via judicial review

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

Ask them to define that, and who decides on it.

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IDFIMH