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PostPosted: Tue Apr 18, 2017 7:44 pm 
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Joined: Thu Mar 25, 2010 8:08 am
Posts: 57
Location: Wirral
This is a bit of an unusual one, but bear with me...

I am a PH driver (badged, insured...) and have noticed quite often on Facebook selling groups and similar outlets classified adverts for people offering 'lifts'. As far as most of us are concerned, surely, this amounts to simply advertising an unlicensed taxi / PH business.

Now I know what the implications would be if I went out tonight to work in my plated car and with my badge on but no current valid insurance. I'd be fined, I'd no doubt get points for driving without insurance... and my badge would be revoked.

My question though is this. What would happen to Mr X who works in Asda but offers lifts as a sideline if he were caught? What is the offence he's committing?
I've been communicating with one man who offers his services and he's admitted to me by text that he's not an official taxi driver but that he has 'public indemnity and added insurance'. He says he's all above board, but if I'm worried in any way then I can cancel my booking with him beforehand.

Now I'll be honest, I'm not well up in this sort of thing (I just do things the correct way!) but could somebody tell me if there is an insurance policy available that would cover this guy to do what he's doing... and cover any passengers! Personally I can't see what insurance he can have in place to cover this activity, apart from proper taxi or PH insurance... but then you'd have to actually be licensed in order to obtain that?

I hate seeing this sort of thing going on and to be honest I am considering trying to do something about. Even if I can stop just one of these people I'll be pleased.

Has anybody got any advice for me? Should I contact the police? ... or the licensing office in the relevant area?

I'm pretty sure that he must be uninsured as I say, but insurance aside is there another offence being committed?

As I say, I know what is required of me as a licensed driver and I stay within the law... but as a member of the public what is this guy doing wrong? Would the police or licensing be interested? He is possibly endangering his customers and providing unlicensed and possibly uninsured competiton for all of us within the law.

Thanks for any input.


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PostPosted: Tue Apr 18, 2017 8:11 pm 
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Joined: Mon Jan 18, 2016 7:56 pm
Posts: 2469
Report it to licensing officers,he is committing numerous offences.


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PostPosted: Tue Apr 18, 2017 8:45 pm 
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Joined: Thu Sep 07, 2006 8:26 pm
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heathcote wrote:
Report it to licensing officers,he is committing numerous offences.

Ditto.

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Tue Apr 18, 2017 9:34 pm 
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Joined: Wed Sep 03, 2003 7:30 pm
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Location: 1066 Country
WirralPH wrote:
My question though is this. What would happen to Mr X who works in Asda but offers lifts as a sideline if he were caught? What is the offence he's committing?

Touting.
Invalid insurance.
Operating without a PH license.
Driving a PH without a PH vehicle license.
Driving a PH without a PH driver's license.
Trading standards matters.

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IDFIMH


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PostPosted: Thu Apr 20, 2017 9:42 pm 
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Joined: Sat Aug 04, 2012 11:17 pm
Posts: 2612
There's been enough case law on this sort of thing over the years. On here there's the "pink ladies" case; Rout-v-Swallow Hotels established that even free lifts are hire and reward where part of the price paid for a hotel meal includes travel costs. Other cases will come along later.

There was also the Motor Insurance Bureau-v-someone whose name I forget that established that any form of regular lift for payment is hire and reward, the claim was from a docker's widow. the docker was given a regular lift by his workmate, they shared the costs. He died in a crash, insurers said he wasn't insured for H&R, so the MIB had to pay out.


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