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| When is an operator not an operator ? http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=23552 |
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| Author: | ozthecoz [ Thu Dec 05, 2013 11:43 am ] |
| Post subject: | When is an operator not an operator ? |
Quick Question that some of the more knowledgable members on here may be able to answer. A company who has an office and a radio set up - but ONLY has owner driver hackney plate cars - Do they need an operators license at the law stands ? Ive been told they dont but my argument is surely - unless the people on the telephones / radio all have hackney driver badges then what they are doing is "operating" - ie, taking calls and handing them out to drivers out of an office that has planning permision to be used as a taxi office |
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| Author: | wannabeeahack [ Thu Dec 05, 2013 12:01 pm ] |
| Post subject: | Re: When is an operator not an operator ? |
some LA's will try for the extra income....but its a PH outfit that should have an Ops licence, then again the council could hit them with a planning issue/restriction and get the money that way |
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| Author: | captain cab [ Thu Dec 05, 2013 12:08 pm ] |
| Post subject: | Re: When is an operator not an operator ? |
Brentwood Borough Council -v- Gladen; Admn 28-Oct-2004 The defendant taxi operator was telephoned, and cabs were booked, and those bookings were fulfilled by providing licensed hackney carriages with licensed hackney carriage drivers. He was accused of knowingly operating the vehicles as private hire vehicles in a controlled district without a current operator’s licence under section 55 of the 1976 Act contrary to section 46(1)(d) and (2). The council appealed by way of case stated dismissal of their prosecutions under the Act of Mr Gladen for providing pre-booked private hire. The prosecution claimed he needed a license as a private hire operator in addition to the license he had under the 1847 Act. Held: The District Judge had been correct. 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. http://www.bailii.org/ew/cases/EWHC/Adm ... /2500.html |
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| Author: | ozthecoz [ Thu Dec 05, 2013 12:15 pm ] |
| Post subject: | Re: When is an operator not an operator ? |
interesting thanks. So essentially ANYBODY can open a booking office without needing any kind of license in place (other than relevant planning permission) as long as they only use the service of hackney badged drivers in hackney plated cars . Taxi laws are far too complicated for their own good lol |
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| Author: | wannabeeahack [ Thu Dec 05, 2013 12:49 pm ] |
| Post subject: | Re: When is an operator not an operator ? |
of course had the base OWNED just 1 hack then the case may not have been brought, any hack can give any hack a job legally....in the same LA |
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| Author: | roythebus [ Thu Dec 05, 2013 7:30 pm ] |
| Post subject: | Re: When is an operator not an operator ? |
Any hack can also give a ph a job. It happens round here quite openly every Friday. |
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| Author: | cabbyman [ Thu Dec 05, 2013 9:22 pm ] |
| Post subject: | Re: When is an operator not an operator ? |
We are 100% hacks. No op licence! |
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| Author: | Sussex [ Thu Dec 05, 2013 11:35 pm ] |
| Post subject: | Re: When is an operator not an operator ? |
ozthecoz wrote: A company who has an office and a radio set up - but ONLY has owner driver hackney plate cars - Do they need an operators license at the law stands ? No. |
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| Author: | Sussex [ Thu Dec 05, 2013 11:37 pm ] |
| Post subject: | Re: When is an operator not an operator ? |
ozthecoz wrote: unless the people on the telephones / radio all have hackney driver badges then what they are doing is "operating" - ie, taking calls and handing them out to drivers out of an office that has planning permision to be used as a taxi office I think any new Cab Act will address the matter, but to me it's not a massive issue. |
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| Author: | Sussex [ Thu Dec 05, 2013 11:37 pm ] |
| Post subject: | Re: When is an operator not an operator ? |
ozthecoz wrote: So essentially ANYBODY can open a booking office without needing any kind of license in place (other than relevant planning permission) as long as they only use the service of hackney badged drivers in hackney plated cars . Yes. |
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| Author: | Sussex [ Thu Dec 05, 2013 11:38 pm ] |
| Post subject: | Re: When is an operator not an operator ? |
roythebus wrote: Any hack can also give a ph a job. It happens round here quite openly every Friday. It may happen, but it's not legal. |
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