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PostPosted: Tue Jul 22, 2008 5:53 pm 
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Location: Hampshire (HC)
Earlier this year there was discussion about legislative changes effective January 2008. I am unable to locate the actual statute involved.

The scenario:

A solicitor's office deals with sensitive cases which, by their nature, often means transporting clients to the office or court in an employee's car. The vehicle is insured for business use under a standard motor policy.

1) Is this still legal?

2) Can someone refer me to the appropriate statute, please? I'd appreciate a link to this legislation, if one is available.

Many thanks.


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PostPosted: Tue Jul 22, 2008 10:05 pm 
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cabbyman wrote:
Earlier this year there was discussion about legislative changes effective January 2008. I am unable to locate the actual statute involved.

The scenario:

A solicitor's office deals with sensitive cases which, by their nature, often means transporting clients to the office or court in an employee's car. The vehicle is insured for business use under a standard motor policy.

1) Is this still legal?

2) Can someone refer me to the appropriate statute, please? I'd appreciate a link to this legislation, if one is available.

Many thanks.


The only legislative changes made in 2008 were amendments to two clauses contained in the 1976 LGMPA. They were facilitated by the 2006 Road safety act which removed or amended the two individual sections of the 1976 act. The one to which you refer is the amendment to section 75.1.B.

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.


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PostPosted: Tue Jul 22, 2008 11:45 pm 
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Location: Hampshire (HC)
Many thanks for that, JD.

I'm thinking about a reference to car hire companies and hotels picking up people with no 'apparent' charge but benefitting their business by doing so. Concensus was that this activity required licenced vehicles.

How would this affect the scenario I have proposed above, in your opinion?

To clarify further:

I was under the impression that virtually any carriage of persons in connection with business had been outlawed outwith a licenced vehicle. Am I correct?


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PostPosted: Wed Jul 23, 2008 12:03 am 
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cabbyman wrote:
Many thanks for that, JD.

I'm thinking about a reference to car hire companies and hotels picking up people with no 'apparent' charge but benefitting their business by doing so. Concensus was that this activity required licenced vehicles.

How would this affect the scenario I have proposed above, in your opinion?

To clarify further:

I was under the impression that virtually any carriage of persons in connection with business had been outlawed outwith a licenced vehicle. Am I correct?


It has long been established that the only type of hire exempt from the provisions of hire or reward is that which takes the form of a social kindness.

If the activity which you describe fits into the category of social kindness and does not form part of a business then you have your answer.

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.


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PostPosted: Fri Jul 25, 2008 4:56 pm 
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cabbyman wrote:
A solicitor's office deals with sensitive cases which, by their nature, often means transporting clients to the office or court in an employee's car. The vehicle is insured for business use under a standard motor policy.

1) Is this still legal?

2) Can someone refer me to the appropriate statute, please? I'd appreciate a link to this legislation, if one is available.

The way I look at this is would the person driving offer this service to anyone, or does he only offer this service to his clients?

If it's the latter then I think it's outside of the law.

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