| Taxi Driver Online http://www.taxi-driver.co.uk/phpBB2/ |
|
| Hackney/PH plates http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=29936 |
Page 1 of 2 |
| Author: | wannabeeahack [ Mon Sep 26, 2016 5:56 pm ] |
| Post subject: | Hackney/PH plates |
Can a LO remove a plate from a plated vehicle? i.e. where vehicle is not compliant with licensing requirements. |
|
| Author: | cabbyman [ Mon Sep 26, 2016 6:53 pm ] |
| Post subject: | Re: Hackney/PH plates |
They have done in our manor. It's the most effective way of encouraging compliance, IMHO. I'm not sure if it's legal or under what legislation they would be acting though. |
|
| Author: | jimbo [ Mon Sep 26, 2016 7:05 pm ] |
| Post subject: | Re: Hackney/PH plates |
cabbyman wrote: They have done in our manor. It's the most effective way of encouraging compliance, IMHO. I'm not sure if it's legal or under what legislation they would be acting though. The Town Police Clauses Act 1847 |
|
| Author: | wannabeeahack [ Mon Sep 26, 2016 9:12 pm ] |
| Post subject: | Re: Hackney/PH plates |
|
|
|
| Author: | Blueknight [ Tue Sep 27, 2016 8:15 am ] |
| Post subject: | Re: Hackney/PH plates |
Local Government (Miscellaneous Provisions) Act 1976 Section 58 - Return of identification plate or disc on revocation or expiry of licence etc. (1) On— (a) the revocation or expiry of a vehicle licence in relation to a hackney carriage or private hire vehicle; or (b) the suspension of a licence under section 68 of this Act; a district council may by notice require the proprietor of that hackney carriage or private hire vehicle licensed by them to to return them within seven days after the service on him of that notice the plate or disc which— (a) in the case of a hackney carriage, is required to be affixed to the carriage as mentioned in section 38 of the Act of 1847; and (b) in the case of a private hire vehicle, was issued for the vehicle under section 48(5) of this Act. (2) If any proprietor fails without reasonable excuse to comply with the terms of a notice under subsection (1) of this section— (a) he shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F1level 3 on the standard scale] and to a daily fine not exceeding ten pounds; and (b) any authorised officer of the council or constable shall be entitled to remove and retain the said plate or disc from the said hackney carriage or private hire vehicle. |
|
| Author: | mancityfan [ Tue Sep 27, 2016 2:30 pm ] |
| Post subject: | Re: Hackney/PH plates |
Removal of plate = section 58 applies therefore a formal section 68 notice MUST have been issued or section 58 would not apply unless licence had expired or been revoked. (if revoked then formal notice should also have been given in writing to include the right of appeal). So no 68 = no 58 and if 68 was issued then a formal 58 notice would also have been required |
|
| Author: | wannabeeahack [ Tue Sep 27, 2016 5:24 pm ] |
| Post subject: | Re: Hackney/PH plates |
mancityfan wrote: Removal of plate = section 58 applies therefore a formal section 68 notice MUST have been issued or section 58 would not apply unless licence had expired or been revoked. (if revoked then formal notice should also have been given in writing to include the right of appeal). So no 68 = no 58 and if 68 was issued then a formal 58 notice would also have been required BUT....a LO on a rank visit seeing an infringement can take a plate |
|
| Author: | grandad [ Tue Sep 27, 2016 5:51 pm ] |
| Post subject: | Re: Hackney/PH plates |
wannabeeahack wrote: mancityfan wrote: Removal of plate = section 58 applies therefore a formal section 68 notice MUST have been issued or section 58 would not apply unless licence had expired or been revoked. (if revoked then formal notice should also have been given in writing to include the right of appeal). So no 68 = no 58 and if 68 was issued then a formal 58 notice would also have been required BUT....a LO on a rank visit seeing an infringement can take a plate Only in your manor. As stated above, a section 68 notice has to have been issued and that requires a period of time to permit an appeal. |
|
| Author: | wannabeeahack [ Tue Sep 27, 2016 6:28 pm ] |
| Post subject: | Re: Hackney/PH plates |
grandad wrote: wannabeeahack wrote: BUT....a LO on a rank visit seeing an infringement can take a plate Only in your manor. As stated above, a section 68 notice has to have been issued and that requires a period of time to permit an appeal. So if im on our rank, with (say) a busted headlamp, faulty meter or bald tyres the LO cant remove my plate? surely thats his only real power? |
|
| Author: | mancityfan [ Tue Sep 27, 2016 6:30 pm ] |
| Post subject: | Re: Hackney/PH plates |
wannabeeahack wrote: mancityfan wrote: Removal of plate = section 58 applies therefore a formal section 68 notice MUST have been issued or section 58 would not apply unless licence had expired or been revoked. (if revoked then formal notice should also have been given in writing to include the right of appeal). So no 68 = no 58 and if 68 was issued then a formal 58 notice would also have been required BUT....a LO on a rank visit seeing an infringement can take a plate No he can't not even in your manor, he has taken the plate illegally  I feel a claim coming on 
|
|
| Author: | Sussex [ Tue Sep 27, 2016 6:32 pm ] |
| Post subject: | Re: Hackney/PH plates |
wannabeeahack wrote: So if im on our rank, with (say) a busted headlamp, faulty meter or bald tyres the LO cant remove my plate? surely thats his only real power? He can suspend your vehicle license until it's sorted. |
|
| Author: | mancityfan [ Tue Sep 27, 2016 6:48 pm ] |
| Post subject: | Re: Hackney/PH plates |
Sussex wrote: wannabeeahack wrote: So if im on our rank, with (say) a busted headlamp, faulty meter or bald tyres the LO cant remove my plate? surely thats his only real power? He can suspend your vehicle license until it's sorted. Only by serving a section 68 notice, but he still can't take his plate. |
|
| Author: | grandad [ Tue Sep 27, 2016 6:50 pm ] |
| Post subject: | Re: Hackney/PH plates |
Sussex wrote: wannabeeahack wrote: So if im on our rank, with (say) a busted headlamp, faulty meter or bald tyres the LO cant remove my plate? surely thats his only real power? He can suspend your vehicle license until it's sorted. But not remove the plate. |
|
| Author: | wannabeeahack [ Tue Sep 27, 2016 7:12 pm ] |
| Post subject: | Re: Hackney/PH plates |
mancityfan wrote: Sussex wrote: wannabeeahack wrote: So if im on our rank, with (say) a busted headlamp, faulty meter or bald tyres the LO cant remove my plate? surely thats his only real power? He can suspend your vehicle license until it's sorted. Only by serving a section 68 notice, but he still can't take his plate. which he can do there and then? |
|
| Author: | mancityfan [ Wed Sep 28, 2016 8:51 am ] |
| Post subject: | Re: Hackney/PH plates |
Quote: Quote: Only by serving a section 68 notice, but he still can't take his plate. which he can do there and then? Yes he can do it there and then. hope he's a trained in mechanics though. |
|
| Page 1 of 2 | All times are UTC [ DST ] |
| Powered by phpBB® Forum Software © phpBB Group http://www.phpbb.com/ |
|