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Which rule is it specifically for hiring for 7 days?
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Author:  smiffyz (geoff) [ Sun Feb 11, 2007 4:26 pm ]
Post subject:  Which rule is it specifically for hiring for 7 days?
Which is it for the 7 day rule where you can be hired for a certain time and not display doorsigns? or have i dreampt it?
Author:  JD [ Sun Feb 11, 2007 5:22 pm ]
Post subject:  Re: Which rule is it specifically for hiring for 7 days?
smiffyz (geoff) wrote:
Which is it for the 7 day rule where you can be hired for a certain time and not display doorsigns? or have i dreampt it?


It applies to plates and badges it says nothing about signs. The case you need to study carefully for both plates and signs is the Hussain v Bradford case. If you contact the Bradford LO I'm sure he will give you the benefit of his understanding of that case. I have posted the case and if you pay particular attention to the parts I have highlighted you will see the judge goes out of his way to emphasise that the condition in his opinion did not apply while the vehicle was not being used to ply for hire. In other words when it was being used for domestic purposes.

http://taxi-driver.co.uk/phpBB2/viewtopic.php?p=67774

(3) Where a licence under section 48 of this Act is in force for a vehicle, the council which issued the licence may, by a notice in writing given to the proprietor of the vehicle, provide that paragraph (a) of subsection (6) of that section shall not apply to the vehicle on any occasion specified in the notice or shall not so apply while the notice is carried in the vehicle; and on any occasion on which by virtue of this subsection that paragraph does not apply to a vehicle section 54(2)(a) of this Act shall not apply to the driver of the vehicle.

54 Issue of drivers' badges (1) When granting a driver's licence under section 51 of this Act a district council shall issue a driver's badge in such a form as may from time to time be prescribed by them.

(2) (a) A driver shall at all times when acting in accordance with the driver's licence granted to him wear such badge in such position and manner as to be plainly and distinctly visible.

48. (6) (a) Subject to the provisions of this Part of this Act, no person shall use or permit to be used in a controlled district as a private hire vehicle a vehicle in respect of which a licence has been granted under this section unless the plate or disc issued in accordance with subsection

(5) of this section is exhibited on the vehicle in such manner as the district council shall prescribe by condition attached to the grant of the licence.
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Author:  smiffyz (geoff) [ Sun Feb 11, 2007 6:20 pm ]
Post subject: 
So, if i'm reading this correctly (and i'm by no means certain i am) if the vehicle is clearly not being used as a Private Hire vehicle, then the signs required by the local council do not need to be displayed although the license plate must?
Further, if the council rules dont state "must be displayed at all times" it's reasonable to assume that just "must be displayed" means just that, that they must be displayed when the vehicle is being used for taking hirings?
Author:  JD [ Sun Feb 11, 2007 7:07 pm ]
Post subject: 
smiffyz (geoff) wrote:
So, if i'm reading this correctly (and i'm by no means certain i am) if the vehicle is clearly not being used as a Private Hire vehicle, then the signs required by the local council do not need to be displayed although the license plate must?
Further, if the council rules dont state "must be displayed at all times" it's reasonable to assume that just "must be displayed" means just that, that they must be displayed when the vehicle is being used for taking hirings?



Youve not read the Husain case properly, the judge said this.

On the other hand, given condition 4(3) which I have read, and the terms of section 48(6)(a) of the Act, which I have no doubt was intended to be reflected in the Council's conditions, I am wholly unable to accept that the requirement to display the sign had effect at a time when the driver, and thus the car, were off duty altogether.

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Author:  smiffyz (geoff) [ Sun Feb 11, 2007 7:53 pm ]
Post subject: 
Thanks JD.
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