Taxi Driver Online

i am a 1 man band who has applied for an opperators license in london,i am being told that i cannot divert the calls from my opperating centre to my mobile to accept jobs if i am out of the centre ....is this true and is there any way around this.

Who is going to be checking up on you?

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Grandad,

Not sure if London has any special rules but my LA allow diverted calls as long as it is not to a building outside the licensing area that is used in connection with the a taxi/Phire business.

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you can check out any time you like, but you can never leave.

There is nothing stopping you from doing that, or handing out your cards to punters, just make sure they are the ones that booked you before you pick up.
You could cut down on diversion costs by getting them to call your mobile number
And keep a record of all bookings

Try prestige-printing.co.uk they will do you a deal on 10,000,000 cards.

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Former taxi driver

If the calls are Diverted its fine as the divert is transferred Via your Operating base and is no different to say having a Telephone with a bloody long flex..its all booked through your Base Telephone number irrespective of what handset you use.

10 million cards that would keep me going for ever.

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Grandad,

Under the 1976 act (i.e. outside of London) that would be ok, London clearly is another matter.

I would ask them where it says in their rules you can't receive via call divert, and what's the difference between you receiving via call divert and the 1000s of drivers receiving work via PDAs?

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IDFIMH

my LA states "no mobile numbers on cars or cards" and any signage for the vehicle must be submitted to them for approval first

the gestapo live on......

Well firstly I think he is wrong, and you should ask him where in any act it says that, and secondly, it doesn't really matter anyway cos you can give a land line number and get that phone to auto divert to your mobile.

Still this is an LO that has licensed a horse in the belief it is a motorised vehicle.

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IDFIMH

dont laugh, i have to live here, not bloody funny......

Interesting question and yes there is a limited amount of related case law which one might say is a second cousin to the information you require.

My own advice would be for you to ask MR T who's local organisation is associated to the National Taxi association. Or Mr GA who should also be familiar with this aspect of case law.

Mr T should be able to tell you the law on this matter and he should also be able to advise you on the law "IF AND WHEN THE PROPOSALS OF THE MEETING OF MINDLESS" are ever implemented.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Lets examine the legislation.

Requirement for London operator's licence.

No person may in London make provision for the invitation or acceptance of, or accept, private hire bookings unless he is the holder of a private hire vehicle operator's licence for London (a 'London PHV operator's licence').

A person who makes provision for the invitation or acceptance of private hire bookings, or who accepts such a booking, in contravention of this provision is guilty of an offence.

'Private hire booking' means a booking for the hire of a private hire vehicle for the purpose of carrying one or more passengers (including a booking to carry out as sub-contractor a private hire booking accepted by another operator): Private Hire Vehicles (London) Act 1998 s 1(4).

"'Operator' means a person who makes provision for the invitation or acceptance of, or who accepts, private hire bookings: s 1(1)(b)."

Any reference in the Private Hire Vehicles (London) Act 1998 to the operator of a vehicle which is being used as a private hire vehicle is a reference to the operator who accepted the booking for the hiring or to whom the vehicle is immediately available, as the case may be: s 1(3).
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I think the definition of operator is quite explanatory all you need do now is investigate whether or not a diverted call is the same as making provision in the same place as the licensed unit?

Lets face it, you are making provision for the booking away from your licensed unit and on your mobile phone even considering the fact that the call has been diverted,

In reality you could be anywhere?.
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Now let's examine the "Grant of London operator's licence."

"Any person may apply to the licensing authority for a London PHV operator's licence. The application must state the address of any premises in London which the applicant proposes to use as an operating centre. The licensing authority must grant a London PHV operator's licence to the applicant if it is satisfied that the applicant is a fit and proper person to hold a London PHV operator's licence, and that any further requirements that may be prescribed (which may include requirements relating to operating centres) are met.

A London PHV operator's licence is to be granted subject to such conditions as may be prescribed and such other conditions as the licensing authority may think fit, and is to be granted for five years or such shorter period as the licensing authority may consider appropriate in the circumstances of the case. A London PHV operator's licence must specify the address of any premises in London which the holder of the licence may use as an operating centre; and is to be in such form and contain such particulars as the licensing authority may think fit.

An applicant for a London PHV operator's licence may appeal to a magistrates' court against a decision not to grant such a licence, or against a decision not to specify an address proposed in the application as an operating centre, or against any condition (other than a prescribed condition) to which the licence is subject.

1 'The licensing authority' means Transport for London: Private Hire Vehicles (London) Act 1998 s 36 (amended by the Greater London Authority Act 1999 s 254(3), Sch 21 para 17). The functions of the Secretary of State under the Private Hire Vehicles (London) Act 1998 as originally enacted (except ss 37, 38, 40) were transferred to Transport for London by the Greater London Authority Act 1999 s 254(1), (2). References in the Private Hire Vehicles (London) Act 1998 to the Secretary of State are replaced by references to the licensing authority (except in ss 37, 38, 40): Greater London Authority Act 1999, Sch 21 para 2. See also para 1500 text and notes 7–8 ante. As to the Secretary of State see para 236 ante. As to Transport for London see para 246 ante; and london government vol 29(2) (Reissue) para 269 et seq. As to the delegation of functions of the licensing authority see para 1529 post.

2 Private Hire Vehicles (London) Act 1998 s 3(1) (amended by the Greater London Authority Act 1999 Sch 21 para 2). 'London PHV operator's licence' means a licence under the Private Hire Vehicles (London) Act 1998 s 2 (see para 1501 ante): s 36. As to applications for licences, and as to fees, see paras 1514–1515 post.

3 For the meaning of 'London' see para 1500 note 1 ante.

**4 Private Hire Vehicles (London) Act 1998 s 3(2). 'Operating centre' means premises at which private hire bookings are accepted by an operator: ss 1(5), 36. For the meanings of 'private hire booking' and 'operator' see para 1501 note 2 ante. **

5 (amended by the Greater London Authority Act 1999 Sch 21 paras 2, 3).

6 Private Hire Vehicles (London) Act 1998 s 3(3)(a).

7 'Prescribed' means prescribed by regulations made under ibid s 32(1) (see para 1530 post): s 36.

8 Where the decision has been made to approve an application for the grant of a licence, the licensing authority, provided that any fee prescribed for such a grant is received within the specified time limit, must grant the licence and send it to the applicant: Private Hire Vehicles (London) (Operators' Licences) Regulations 2000, SI 2000/3146, reg 6(1).

9 Private Hire Vehicles (London) Act 1998 s 3(4) (amended by the Greater London Authority Act 1999 Sch 21 paras 1, 2). Every licence must be granted subject to prescribed conditions, which include requirements as to insurance, agreement or estimation of fares, giving the licensing authority notice of certain matters, wireless telegraphy apparatus, the keeping of records, and maintaining a procedure as to complaints and lost property: Private Hire Vehicles (London) (Operators' Licences) Regulations 2000, SI 2000/3146, reg 9.

The licensing authority must issue a replacement licence where an operator notifies it that: (1) he has adopted, altered or dispensed with a business name; (2) he has changed his name; or (3) his licence has been lost, destroyed or defaced: reg 18(1). Except where a licence has been lost or destroyed, no replacement may be issued until the original licence has been returned to the licensing authority: reg 18(2). In relation to a licence granted in the sole name of an individual, if that individual dies, becomes bankrupt or becomes a person who lacks capacity under the Mental Capacity Act 2005, the licensing authority may direct that a person carrying on the business of the operator is to be treated for the purposes of the Private Hire Vehicles (London) Act 1998 as if he were the operator for such purpose and to such extent as is specified in the direction for a period not exceeding six months from the date of the coming into force of that direction or, if less, the remainder of the period of the licence: Private Hire Vehicles (London) (Operators' Licences) Regulations 2000, SI 2000/3146, reg 19(1), (3). These provisions refer to a patient under the Mental Health Act 1983 Pt VII (ss 93–113), but that Part has been repealed by the Mental Capacity Act 2005 and replaced by provisions of that Act relating to persons who lack capacity.

As to persons who lack capacity see mental health vol 30(2) (Reissue) para 641 et seq. In the event of the individual's death, the licensing authority may direct that the licence is not to be treated as terminated when the individual died but suspended until the date when the direction comes into force: Private Hire Vehicles (London) (Operators' Licences) Regulations 2000, SI 2000/3146, reg 19(2). Temporary permits could be issued where an application for the grant of a licence was received by the licensing authority before 22 August 2001 but no determination had been made in relation to that application before 22 October 2001: reg 20.
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**Obligations of London operators.

The holder of a London PHV operator's licence (a 'London PHV operator') may not in London accept a private hire booking other than at an operating centre specified in his licence. A London PHV operator must secure that any vehicle which is provided by him for carrying out a private hire booking accepted by him in London is either a vehicle for which a London PHV licence is in force driven by a person holding a London PHV driver's licence, or a London cab driven by a person holding a London cab driver's licence.**

A London PHV operator must:

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(1) display a copy of his licence at each operating centre specified in the licence;
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(2) keep at each specified operating centre a record in the prescribed form of the private hire bookings accepted by him there;
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(3) before the commencement of each journey booked at a specified operating centre, enter in the record kept under head (2) above the prescribed particulars of the booking;
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(4) keep at each specified operating centre such records as may be prescribed of particulars of the private hire vehicles and drivers which are available to him for carrying out bookings accepted by him at that centre;
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(5) at the request of a constable or authorised officer, produce for inspection any record required by these provisions to be kept;
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(6) keep at each operating centre specified in his licence a record containing: (a) specified details of any complaint made in respect of a private hire booking accepted by him at that centre; and (b) specified details of any other complaint made in respect of his undertaking as an operator at that centre; and
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(7) keep at each operating centre specified in his licence a record containing specified details of: (a) any lost property found at that centre or in any private hire vehicle used to carry out a booking accepted by him there; and (b) any property reported to him at that centre as having been lost.

If a London PHV operator ceases to use an operating centre specified in his licence he must preserve any record he was required by this provision to keep there for such period as may be prescribed.

A London PHV operator who contravenes any of the above provisions is guilty of an offence. It is a defence in proceedings for an offence under this provision for an operator to show that he exercised all due diligence to avoid committing such an offence.

1 For the meaning of 'London PHV operator's licence' see para 1502 note 2 ante.

2 For the meaning of 'London' see para 1500 note 1 ante.

3 For the meaning of 'private hire booking' see para 1501 note 2 ante.

4 For the meaning of 'operating centre' see para 1502 note 4 ante.

5 Private Hire Vehicles (London) Act 1998 s 4(1).

6 For the meaning of 'vehicle' see para 1500 note 3 ante.

7 'London PHV licence' means a licence under the Private Hire Vehicles (London) Act 1998 s 7 (see para 1506 post): s 36.

8 Ibid s 4(2)(a). 'London PHV driver's licence' means a licence under s 13 (see para 1512 post): s 36.

9 For the meaning of 'London cab' see para 1500 note 4 ante.

10 Private Hire Vehicles (London) Act 1998 s 4(2)(b).

11 Ibid s 4(3)(a).

12 For the meaning of 'prescribed' see para 1502 note 7 ante. The record must be kept in writing or in other such form that the information contained in it can easily be reduced to writing: Private Hire Vehicles (London) (Operators' Licences) Regulations 2000, SI 2000/3146, reg 10.

13 Private Hire Vehicles (London) Act 1998 s 4(3)(b).

14 As to the prescribed particulars of the booking see the Private Hire Vehicles (London) (Operators' Licences) Regulations 2000, SI 2000/3146, reg 11. The operator must preserve such particulars for six months from the date from which the booking was accepted: reg 16(1)(a). Where an operator tape-records a private hire booking, he must preserve the tape-recording of that conversation for six months: reg 16(2).

15 For the meaning of 'private hire vehicle' see para 1500 ante.

16 Private Hire Vehicles (London) Act 1998 s 4(3)(d). As to the prescribed particulars of the private hire vehicles and drivers see the Private Hire Vehicles (London) (Operators' Licences) Regulations 2000, SI 2000/3146, regs 12, 13. The operator must preserve such particulars for 12 months from the date from which the vehicle or, as the case may be, the driver ceased to be available for carrying out bookings: reg 16(1)(b).

17 'Authorised officer' means an officer authorised in writing by the licensing authority for the purposes of the Private Hire Vehicles (London) Act 1998: s 36 (amended by the Greater London Authority Act 1999 Sch 21 para 2). As to the licensing authority see para 1502 note 1 ante.

18 Private Hire Vehicles (London) Act 1998 s 4(3)(e).

19 Private Hire Vehicles (London) (Operators' Licences) Regulations 2000, SI 2000/3146, reg 14.

20 The operator must preserve the particulars referred to in heads (6), (7) in the text for six months from the date from which they were entered into the record: reg 16(1)(c).

21 Private Hire Vehicles (London) Act 1998 s 4(4). An operator who has ceased to use a specified operating centre must, in relation to that centre, preserve records of private hire bookings accepted by him at the operating centre for six months and particulars of hire vehicles and drivers for 12 months: Private Hire Vehicles (London) (Operators' Licences) Regulations 2000, SI 2000/3146, reg 16(3).

22 Private Hire Vehicles (London) Act 1998 s 4(5). A person guilty of such an offence is liable on summary conviction to a fine not exceeding level 3 on the standard scale: s 4(5). As to the standard scale see para 230 note 3 ante. As to offences generally see para 1501 note 4 ante.

23 For the meaning of 'operator' see para 1501 note 2 ante.

24 Private Hire Vehicles (London) Act 1998 s 4(6).
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Before I post any more sections relating to London P/H operators license you might wish to digest or discuss the prohibit or expanded boundaries of these particular sections of the 1998 act accompanied with the definitions of the statutory instruments mostly made in 2000.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Hirings accepted on behalf of another operator.

A London PHV operator ('the first operator') who has in London accepted a private hire booking may not arrange for another operator to provide a vehicle to carry out that booking as sub-contractor unless:

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(1) the other operator is a London PHV operator and the sub-contracted booking is accepted at an operating centre in London;
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(2) the other operator is licensed by the council of a district and the sub-contracted booking is accepted in that district; or
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(3) the other operator accepts the sub-contracted booking in Scotland.

A London PHV operator who contravenes the above provision is guilty of an offence. It is a defence in proceedings for such an offence for an operator to show that he exercised all due diligence to avoid committing an offence. It is immaterial for the above purposes whether or not sub-contracting is permitted by the contract between the first operator and the person who made the booking.

For the avoidance of doubt (and subject to any relevant contract terms), a contract of hire between a person who made a private hire booking at an operating centre in London and the London PHV operator who accepted the booking remains in force despite the making of arrangements by that operator for another contractor to provide a vehicle to carry out that booking as sub-contractor.
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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

im glad im not in "london"

btw, whats the official definition of "london"?.....