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Is it not clear.
50 Provisions as to proprietors (1) Without prejudice to the provisions of section 68 of this Act, the proprietor of any hackney carriage or of any private hire vehicle licensed by a district council shall present such hackney carriage or private hire vehicle for inspection and testing by or on behalf of the council within such period and at such place within the area of the council as they may by notice reasonably require:
Provided that a district council shall not under the provisions of this subsection require a proprietor to present the same hackney carriage or private hire vehicle for inspection and testing on more than three separate occasions during any one period of twelve months.

So a police officer or licensing officer says come with me my good man I wish to have you vehicle checked at the garage, sorry I say I'm on a booking and can't come at this time, but I'm free tommorow at 5am.

mancityfan wrote:

a Copper+LO+VOSA and I think you might night be able to refuse

wannabeeahack wrote:

mancityfan wrote:

a Copper+LO+VOSA and I think you might night be able to refuse

Are we debating this? Ok I will start it off

Most people probably do not know that VOSA examiners "MUST" if requested, allow any non commercial vehicle, i.e. any passenger car to have a deferred test.
That means you can tell them to shove it, and arrange a test of you car in the next month, at a convenient time.
See Road Traffic Act 1988

Most people probably do not know that VOSA examiners "MUST" if requested, allow any non commercial vehicle, i.e. any passenger car to have a deferred test.
That means you can tell them to shove it, and arrange a test of you car in the next month, at a convenient time.
See Road Traffic Act 1988

Let's look at ManCity's word "commercial". Look at the Lundberg case in recent EU law; that defines "commercial" and "non-commercial". In effect a taxi IS a commercial vehicle as it is being used for carrying passengers (or goods) for money. The Lundberg case is being used by the anti- s19 lobby to good effect at the moment to ensure that s19 minibuses are defined as "commercial" vehicles.

I'd say that VOSA/DVSA and the police can act on their own initiative to stop taxis and ph cars at any time and inspect them; they also have the right to issue an immediate prohibition to ANY defective vehicle, be it a private car or an articulated lorry regardless of use.

Author:	charles007 [ Sat Jul 12, 2014 2:14 pm ]
Post subject:	Lets
Lets start with when is a spot Check not a spot Check Sending a vehcile to the test center should be considered as a test. should it not.

Author:	Chris the Fish [ Sat Jul 12, 2014 4:17 pm ]
Post subject:	Re: lETS
No, let's start with thread titles, what is IETS? In all areas except Plymouth and London their can be 3 tests per year. Spot checks may require facilities such as ramps but are still not be full test. Plymouth can be 4 times, I don't know how many in London.

Author:	sasha [ Sat Jul 12, 2014 6:33 pm ]
Post subject:	Re: lETS
I'd say a quick roadside check of bulbs, tyres and general condition is not a test. A check of the above at a test centre plus extra basics such as a brake test I'd not call a test. However if they start checking bushes, bearings, pipes, cables etc, basically a full or close to a full pit test then I'd class that as a test and should be counted as such and the relevant paperwork issued, or not allowed if the annual limit for that vehicle has been reached. In short if it has to go on a ramp to check anything more than the lights, brakes and tyres just do a full pit test.

Author:	roythebus [ Sun Jul 13, 2014 9:01 am ]
Post subject:	Re: Lets
Based on my experience of a VOSA stop check with a bus, they can do a walk-round and interior inspection. Sometimes they have the facility to raise the vehicle and do a basic underside visual inspection at the roadside. Even a stop-check where the vehicle is escorted into a VOSA test facility isn't classed as an annual test, even thought they sometimes carry out what is in effect a full test. Basically, if your vehicle is defective, it shouldn't be on the road.

Author:	wannabeeahack [ Sun Jul 13, 2014 9:08 am ]
Post subject:	Re: Lets
A "test" is carried out at a "Test" station and is prebooked (ours is an MOT station) by its very definition a SPOT check is an undeclared (usually roadside) stop and check, of course it could be done and miscreants directed straight into a nearby waiting test station OR the LO could just stop you and send you to a waiting test station.

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Author:	jimbo [ Sun Jul 13, 2014 1:26 pm ]
Post subject:	Re: Lets
Charlie, a privately owned car is only required to be tested once a year, for a MOT. But a police officer can stop and check that vehicle at any time, and a check could deem it unroadworthy. So what is your point? Do you really think a Taxi in an unroadworthy condition should be allowed to continue on its way because it's already had three checks in the last twelve months?

Author:	skippy41 [ Sun Jul 13, 2014 3:28 pm ]
Post subject:	Re: Lets
One job at a time Charles, how are you getting on with your colour disagreement

Author:	mancityfan [ Sun Jul 13, 2014 5:56 pm ]
Post subject:	Re: Lets
Is it not clear. 50 Provisions as to proprietors (1) Without prejudice to the provisions of section 68 of this Act, the proprietor of any hackney carriage or of any private hire vehicle licensed by a district council shall present such hackney carriage or private hire vehicle for inspection and testing by or on behalf of the council within such period and at such place within the area of the council as they may by notice reasonably require: Provided that a district council shall not under the provisions of this subsection require a proprietor to present the same hackney carriage or private hire vehicle for inspection and testing on more than three separate occasions during any one period of twelve months. So a police officer or licensing officer says come with me my good man I wish to have you vehicle checked at the garage, sorry I say I'm on a booking and can't come at this time, but I'm free tommorow at 5am.

Author:	wannabeeahack [ Sun Jul 13, 2014 7:21 pm ]
Post subject:	Re: Lets
mancityfan wrote: Is it not clear. 50 Provisions as to proprietors (1) Without prejudice to the provisions of section 68 of this Act, the proprietor of any hackney carriage or of any private hire vehicle licensed by a district council shall present such hackney carriage or private hire vehicle for inspection and testing by or on behalf of the council within such period and at such place within the area of the council as they may by notice reasonably require: Provided that a district council shall not under the provisions of this subsection require a proprietor to present the same hackney carriage or private hire vehicle for inspection and testing on more than three separate occasions during any one period of twelve months. So a police officer or licensing officer says come with me my good man I wish to have you vehicle checked at the garage, sorry I say I'm on a booking and can't come at this time, but I'm free tommorow at 5am. a Copper+LO+VOSA and I think you might night be able to refuse

Author:	mancityfan [ Sun Jul 13, 2014 9:06 pm ]
Post subject:	Re: Lets
wannabeeahack wrote: mancityfan wrote: Is it not clear. 50 Provisions as to proprietors (1) Without prejudice to the provisions of section 68 of this Act, the proprietor of any hackney carriage or of any private hire vehicle licensed by a district council shall present such hackney carriage or private hire vehicle for inspection and testing by or on behalf of the council within such period and at such place within the area of the council as they may by notice reasonably require: Provided that a district council shall not under the provisions of this subsection require a proprietor to present the same hackney carriage or private hire vehicle for inspection and testing on more than three separate occasions during any one period of twelve months. So a police officer or licensing officer says come with me my good man I wish to have you vehicle checked at the garage, sorry I say I'm on a booking and can't come at this time, but I'm free tommorow at 5am. a Copper+LO+VOSA and I think you might night be able to refuse Are we debating this? Ok I will start it off Most people probably do not know that VOSA examiners "MUST" if requested, allow any non commercial vehicle, i.e. any passenger car to have a deferred test. That means you can tell them to shove it, and arrange a test of you car in the next month, at a convenient time. See Road Traffic Act 1988

Author:	grandad [ Sun Jul 13, 2014 10:06 pm ]
Post subject:	Re: Lets
mancityfan wrote: wannabeeahack wrote: mancityfan wrote: Is it not clear. 50 Provisions as to proprietors (1) Without prejudice to the provisions of section 68 of this Act, the proprietor of any hackney carriage or of any private hire vehicle licensed by a district council shall present such hackney carriage or private hire vehicle for inspection and testing by or on behalf of the council within such period and at such place within the area of the council as they may by notice reasonably require: Provided that a district council shall not under the provisions of this subsection require a proprietor to present the same hackney carriage or private hire vehicle for inspection and testing on more than three separate occasions during any one period of twelve months. So a police officer or licensing officer says come with me my good man I wish to have you vehicle checked at the garage, sorry I say I'm on a booking and can't come at this time, but I'm free tommorow at 5am. a Copper+LO+VOSA and I think you might night be able to refuse Are we debating this? Ok I will start it off Most people probably do not know that VOSA examiners "MUST" if requested, allow any non commercial vehicle, i.e. any passenger car to have a deferred test. That means you can tell them to shove it, and arrange a test of you car in the next month, at a convenient time. See Road Traffic Act 1988 This is something that we were advised upon by Bill Bowling from the National Limousine Association years ago. I have even told our enforcement officers that we are able to "request" a deferment. Next time they ask for my vehicle to go in at one in the morning I will be using this part of the act and they know it.

Author:	wannabeeahack [ Sun Jul 13, 2014 10:14 pm ]
Post subject:	Re: Lets
mancityfan wrote: Most people probably do not know that VOSA examiners "MUST" if requested, allow any non commercial vehicle, i.e. any passenger car to have a deferred test. That means you can tell them to shove it, and arrange a test of you car in the next month, at a convenient time. See Road Traffic Act 1988 and what do you tell the copper?.....who can you stop checking your car if stopped....

Author:	roythebus [ Mon Jul 14, 2014 8:13 am ]
Post subject:	Re: Lets
Let's look at ManCity's word "commercial". Look at the Lundberg case in recent EU law; that defines "commercial" and "non-commercial". In effect a taxi IS a commercial vehicle as it is being used for carrying passengers (or goods) for money. The Lundberg case is being used by the anti- s19 lobby to good effect at the moment to ensure that s19 minibuses are defined as "commercial" vehicles. I'd say that VOSA/DVSA and the police can act on their own initiative to stop taxis and ph cars at any time and inspect them; they also have the right to issue an immediate prohibition to ANY defective vehicle, be it a private car or an articulated lorry regardless of use. Personally I wish there were more spot checks to get more defective vehicles off the road. Ha, just found a précis of the case: Case C-317/12: Judgment of the Court (Sixth Chamber) of 3 October 2013 (request for a preliminary ruling from the Svea hovrätt — Sweden) — Criminal proceedings against Daniel Lundberg (Road transport — Regulation (EC) No 561/2006 — Obligation to install recording equipment — Derogations in respect of the non-commercial carriage of goods — Concept — Carriage of goods by a private individual as part of his leisure activity as an amateur rally driver, financed in part by sponsorship from third parties) A further letter in my possession from an EU official which I have been asked not to disclose yet says that the outcome of this judgement, although referring to the carriage of goods can also be applied to the carriage of passengers for money.

Author:	wannabeeahack [ Mon Jul 14, 2014 5:53 pm ]
Post subject:	Re: Lets
roythebus wrote: Let's look at ManCity's word "commercial". Look at the Lundberg case in recent EU law; that defines "commercial" and "non-commercial". In effect a taxi IS a commercial vehicle as it is being used for carrying passengers (or goods) for money. The Lundberg case is being used by the anti- s19 lobby to good effect at the moment to ensure that s19 minibuses are defined as "commercial" vehicles. I'd say that VOSA/DVSA and the police can act on their own initiative to stop taxis and ph cars at any time and inspect them; they also have the right to issue an immediate prohibition to ANY defective vehicle, be it a private car or an articulated lorry regardless of use. add a HMRC officer they do anything, they all carry a copy of the AOP and you cant stop em...

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Author:	Sussex [ Mon Jul 14, 2014 7:23 pm ]
Post subject:	Re: Lets
mancityfan wrote: Are we debating this? Ok I will start it off Most people probably do not know that VOSA examiners "MUST" if requested, allow any non commercial vehicle, i.e. any passenger car to have a deferred test. That means you can tell them to shove it, and arrange a test of you car in the next month, at a convenient time. See Road Traffic Act 1988 I think the concern members of the trade will express is that the LO can suspend your vehicle license until the vehicle has been deemed safe. Now they would have to have good reasons to do so, but even if they don't how long will it take to fight them over it?