Fae Fife wrote:
http://www.scotland.gov.uk/publications/2007/12/18120453/0
The only problem with that link "FF" is that apart from the section on "quantity controls" it is an exact copy of the English and Welsh version of the best practice, therefore the document is not original but a mere copy.
I think we should examine not only the legislation but also those in the Scottish executive who have been given the task of overseeing Taxi licensing.
It is plain to me that the section relating to "vehicles" in the 1982 act is quite clear and from what we now know it was also clear to the Sheriff.
Obviously it is not so clear to those politicians in the Scottish executive who oversee Taxi licensing. If it was, then they certainly wouldn't have produced a carbon copy of the English best practice reasoning when Scottish law is entirely different.
It’s alright copying something if what you are copying mirrors the legislation that applies in the country from which the passages are copied. In the case of Scotland that was not the case.
The Scottish executive
"assumed" that English legislation was the same as there's and the reason for that is because they didn't have a clue what provisions the 1982 act contained, in respect of vehicle licensing?
They were under the "impression" that because councils had always decided on what type of vehicle they would license then that was accepted lawfull practice. It appears to me that they didn't understand the legislation, only the fact that since 1982 rightly or wrongly councils had always decided their own policy on vehicle criteria.
One of the reasons why they probably didn't understand the law was the fact that the Legislation was enacted in the Palace of Westminster and not in modern day Scotland. In other words the legislation was inherited and somewhat dated in consideration of legislation enacted through the Scottish Parliament.
In short we have a group of mediocre, lazy politicians and civil servants who thought it easier to copy all of the English best practice excepting the sections relating to Quantity controls.
If it was your intention to justify the link as being the legitimate aims of parliament to bestow a power on councils that gave them the right to decide what shall be licensed as taxis, then I think it falls short of originality. All references in the Scottish best practice including this one are near carbon copies of the English version. The only noticeable difference is the reference to “quantity controls”.
I might add I did actually mention this several weeks ago.
I understand a Mr Macaskill SMP is a leading light in the Scottish Taxi Governmental administration? I have to say I questioned his observations on the Dublin scenario which he completely falsified and which was published in a Scottish Newspaper. I say falsified but I should add that he just might have been out of his depth regarding the facts? However, it is now a matter of record that he did distort the facts, which does not surprise me in the least considering the position he takes on “Quantity controls”.
The fact remains that the Scottish best practice is not original and as I have already said, "a mere carbon copy of the English version". I don't need to provide any evidence of that because it is a published fact and all anyone has to do is read both documents.
Just for clarity here are the two versions of the sections referring to vehicles.
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English Version
Vehicles
Specification Of Vehicle Types That May Be Licensed
18. The legislation gives local authorities a wide range of discretion over the types of vehicle that they can license as taxis or PHVs. Some authorities specify conditions that in practice can only be met by purpose-built vehicles but the majority license a range of vehicles.
19. Normally, the best practice is for local licensing authorities to adopt the principle of specifying as many different types of vehicle as possible. Indeed, local authorities might usefully set down a range of general criteria, leaving it open to the taxi and PHV trades to put forward vehicles of their own choice which can be shown to meet those criteria. In that way there can be flexibility for new vehicle types to be readily taken into account.
20. It is suggested that local licensing authorities should give very careful consideration to a policy which automatically rules out particular types of vehicle or prescribes only one type or a small number of types of vehicle.
For example, the Department believes authorities should be particularly cautious about specifying only purpose-built taxis, with the strict constraint on supply that that implies. (There are at present only two designs of purpose-built taxi.) But of course the purpose-built vehicles are amongst those which a local authority could be expected to license. Similarly, it may be too restrictive to automatically rule out considering Multi-Purpose Vehicles, or to license them for fewer passengers than their seating capacity (provided of course that the capacity of the vehicle is not
more than eight passengers). Imported vehicles: type approval (see also "stretched limousines", paras 26-28 below)
21. It may be that from time to time a local authority will be asked to license as a taxi or PHV a vehicle that has been imported independently (that is, by somebody other than the manufacturer). Such a vehicle might meet the local authority's criteria for licensing, but the local authority may nonetheless be uncertain about the wider rules for foreign vehicles being used in the UK. Such vehicles will be subject to the 'type approval' rules. For passenger cars up to 10 years old at the time of first GB registration, this means meeting the technical standards of either:
�� a European Whole Vehicle Type approval;
�� a British National Type approval; or
�� a British Single Vehicle Approval.
Most registration certificates issued since late 1998 should indicate the approval status of the vehicle. The technical standards applied (and the safety and environmental risks covered) under each of the above are proportionate to the number of vehicles entering service. Further information about these requirements and the procedures for licensing and registering imported vehicles can be seen at
http://www.dft.gov.uk/stellent/groups/d ... 06867.hcsp.
Vehicle Testing
22. There is considerable variation between local licensing authorities on vehicle testing, including the related question of age limits. The following can be regarded as best practice:
�� Frequency Of Tests. The legal requirement is that all taxis should be subject to an MOT test or its equivalent once a year. For PHVs the requirement is for an annual test after the vehicle is three years old. An annual test for licensed vehicles of whatever age (that is, including vehicles that are less than three years old) seems appropriate in most cases, unless local conditions suggest that more frequent tests are necessary. However, more frequent tests may be appropriate for older vehicles (see 'age limits' below). Local licensing authorities may wish to note that a review carried out by the National Society for Cleaner Air in 2005 found that taxis were more likely than other vehicles to fail an emissions test. This finding, perhaps suggests that emissions testing should be carried out on ad hoc basis and more frequently than the full vehicle test.
�� Criteria For Tests. Similarly, for mechanical matters it seems appropriate to apply the same criteria as those for the MOT test to taxis and PHVs*. The MOT test on vehicles first used after 31 March 1987 includes checking of all seat belts. However, taxis and PHVs provide a service to the public, so it is also appropriate to set criteria for the internal condition of the vehicle, though these should not be unreasonably onerous.
*A manual outlining the method of testing and reasons for failure of all MOT tested items can be obtained from the Stationary Office see
http:www.tsoshop.co.uk/bookstore.asp?FO=1159966&Action=Book&From=SearchResults&
ProductID=0115525726
�� Age Limits. It is perfectly possible for an older vehicle to be in good condition. So the setting of an age limit beyond which a local authority will not license vehicles may be arbitrary and inappropriate. But a greater frequency of testing may be appropriate for older vehicles - for example, twice-yearly tests for vehicles more than five years old.
�� Number Of Testing Stations. There is sometimes criticism that local authorities provide only one testing centre for their area (which may be geographically extensive). So it is good practice for local authorities to consider having more than one testing station. There could be an advantage in contracting out the testing work, and to different garages. In that way the licensing authority can benefit from competition in costs. (The Vehicle Operators and Standards Agency - VOSA - may be able to assist where there are local difficulties in provision of testing stations.)
_____________________________________________
Scottish version
Specification of vehicle types that may be licensed
22. The legislation gives local authorities a wide range of discretion over the types of vehicle that they can license as taxis or PHCs. Some authorities have adopted criteria as to vehicle specification that in practice can only be met by purpose-built vehicles but the majority license a range of vehicles.
23. Some local licensing authorities adopt the principle of specifying as many different types of vehicle as possible. Such policy could provide greater flexibility in allowing new vehicle types to be considered.
24. Local licensing authorities should be particularly cautious about specifying only purpose-built taxis, with the strict constraint on supply that that implies. (There are at present only two designs of purpose-built taxi.) But of course the purpose-built vehicles are amongst those which a local authority could be expected to license. Similarly, it may be too restrictive to rule out considering Multi-Purpose Vehicles, or to license them for fewer passengers than their seating capacity (provided of course that the capacity of the vehicle is not more than eight passengers).
Imported vehicles: type approval
25. It may be that from time to time a local authority will be asked to license as a taxi or PHC a vehicle that has been imported independently (that is, by somebody other than the manufacturer). Such a vehicle might meet an authority's criteria for licensing, but the licensing authority may nonetheless be uncertain about the wider rules for foreign vehicles being used in the UK. Such vehicles will be subject to the 'type approval' rules. Information about "type approval" and the procedures for licensing and registering imported vehicles can be found on the Department for Transport's website under " EC Whole Vehicle Type Approval" at:-
www.dft.gov.uk
Vehicle Testing
26. There is considerable variation between local licensing authorities on vehicle testing, including the related question of age limits. The following can be seen as best practice:
Frequency Of Tests.
The legal requirement for taxis requires that they should be subject to an MOT test or its equivalent one year after first registration and annually thereafter. For private hire cars annual testing should commence after the vehicle is three years old. Notwithstanding MOT regulations, authorities generally undertake inspection of taxis and private hire cars at first licensing and annually or more frequently thereafter. Annual testing for licensed vehicles regardless of age is considered best practice although more frequent testing may be appropriate for older vehicles (see 'age limits' below). Local licensing authorities may wish to note that a review carried out by the National Society for Cleaner Air in 2005 found that taxis were more likely than other vehicles to fail an emissions test. This finding, perhaps suggests that emissions testing should be carried out on an ad hoc basis and more frequently than the full vehicle test.
Criteria For Tests.
Similarly, for mechanical matters it seems appropriate to apply the same criteria as those for the MOT test to taxis and PHCs. The MOT test on vehicles first used after 31 March 1987 includes checking of all seat belts. However, taxis and PHCs provide a service to the public, so it is also appropriate to set criteria for the internal condition of the vehicle, requiring for example the internal passenger accommodation, upholstery and fittings to be maintained in a serviceable condition. Further advice and details of publications about MOT testing can be accessed on the Vehicle & Operator Services Agency ( VOSA) website at:-
http://www.vosa.gov.uk/vosacorp/publications.htm
Age Limits.
The setting of an age limit beyond which a local authority will not license vehicles is somewhat arbitrary and disproportionate particularly as it is perfectly possible for a well-maintained older vehicle to be in good condition. A greater frequency of testing may, however, be appropriate for older vehicles - for example, twice-yearly tests for vehicles more than five years old.
Number Of Testing Stations.
There is sometimes criticism that local authorities provide only one testing centre for their area (which may be geographically extensive). So it is good practice for local authorities to consider having more than one testing station. There could be advantage in contracting out the testing work, and to different garages. In that way the licensing authority can benefit from competition in costs. The Vehicle Operators and Standards Agency - VOSA - may be able to assist where there are local difficulties in provision of testing stations.
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Regards
JD
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