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PostPosted: Fri Dec 15, 2017 11:12 am 
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Location: Miles away from paradise, not far from hell.
Mr Fitzgerald emailed TDO asking for this to be put up on here, for advice.

Alex

I wanted to ask some legal questions that I thought you may have knowledge of, particularly on the right of a driver using a substitute.

For eg, the legislation, for ph, is only concerned that a ph booking must be made to a licensed operator who then can only pass that on to a licensed driver.

Now, is there any lawful reason as to why if a job was allocated to me that I then cannot pass on that job to another ph driver that I may want to and inform the operator with the substitutes driver number (we are both contracted to the same operator)?

Of course, the operator will not allow it as all jobs allocated must be performed by the driver they give it to in the first instance and will penalise a driver for not carrying out that job.

They have stated in submissions that this was due to legislation but I don’t believe that to be strictly true as it is a commercial decision, less admin obviously.

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PostPosted: Fri Dec 15, 2017 1:52 pm 
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I think if a ph driver passes a booking on to another ph driver he would need an operators licence, obviously a hackney driver can do what he wants, that’s me. Surely if the base gives you a job and you don’t want it, you give it back to the base, it’s there job after all. Now if I was a ph vehicle owner/driver I would have my own ops licence even though I was working through a base, why? Because this allows me to take my own bookings. So to answer your question I don’t think a ph driver can pass work to another ph driver working on the same base without going through the base itself.


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PostPosted: Fri Dec 15, 2017 8:30 pm 
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mancityfan wrote:
I think if a ph driver passes a booking on to another ph driver he would need an operators licence, obviously a hackney driver can do what he wants, that’s me. Surely if the base gives you a job and you don’t want it, you give it back to the base, it’s there job after all. Now if I was a ph vehicle owner/driver I would have my own ops licence even though I was working through a base, why? Because this allows me to take my own bookings. So to answer your question I don’t think a ph driver can pass work to another ph driver working on the same base without going through the base itself.


I believe you're correct, the contract is between the operator and the passenger, the driver has little to do with it apart from doing the job.

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PostPosted: Fri Dec 15, 2017 8:36 pm 
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mancityfan wrote:
I think if a ph driver passes a booking on to another ph driver he would need an operators licence, obviously a hackney driver can do what he wants, that’s me. Surely if the base gives you a job and you don’t want it, you give it back to the base, it’s there job after all. Now if I was a ph vehicle owner/driver I would have my own ops licence even though I was working through a base, why? Because this allows me to take my own bookings. So to answer your question I don’t think a ph driver can pass work to another ph driver working on the same base without going through the base itself.

If a PH operator gives a PH driver a job, then that PH driver cannot merely pass that on to another PH driver without a proper booking record of that job.

So either that job is returned to the operator for them to re issue, or the operator makes a record that the job has been passed onto another PH driver. But there needs to be a record kept of that job in accordance with local licensing conditions.

I suppose if the first PH driver also has his own operator's license then that could be legal, although I'm pretty certain it would be against the rules of the operator.

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PostPosted: Mon Dec 25, 2017 3:29 pm 
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I had my own ops icence and never worked through a base, there was no base covering the Romney Marsh. Sheep don't go out very often.


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PostPosted: Wed Jan 03, 2018 12:05 pm 
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roythebus wrote:
I had my own ops icence and never worked through a base, there was no base covering the Romney Marsh. Sheep don't go out very often.



plenty of tourists though for your little steam trains and a few workers at the power station or did they glow in the dark a bit too much :lol:

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