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PostPosted: Tue Jul 29, 2008 8:46 am 
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bloodnock wrote:
grandad wrote:
bloodnock wrote:
I think a wee bit of Common sense goes a long way in these instances...is anyone really advocating leaving man, woman or child stranded when they have no other means of getting to a destination, its not Deliberate touting..its an Extraordinary event that may happen on rare occasions.


If as a driver you agree to do something that you know that you are not legally allowed to do then you can't complain when you get caught out. The law may seem like an ass but it is still the law.


But There is a grey area of the Law which straddles both HC and PH and its these where common sense comes in. no One person in Britain Knows every single law, that means we can only adhere to our known laws and where those laws become blurred and unclear is where the legal system uses test cases to decided a precident. laws are forever changing. Ignorance may be no excuse but that can only be said where a law is blatantly obvious but where there is ambiguity or a lack of clarity ignorance is quite understandable.


The situation that you described is not a grey area though is it?

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PostPosted: Tue Jul 29, 2008 1:48 pm 
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grandad wrote:
bloodnock wrote:
grandad wrote:
bloodnock wrote:
I think a wee bit of Common sense goes a long way in these instances...is anyone really advocating leaving man, woman or child stranded when they have no other means of getting to a destination, its not Deliberate touting..its an Extraordinary event that may happen on rare occasions.


If as a driver you agree to do something that you know that you are not legally allowed to do then you can't complain when you get caught out. The law may seem like an ass but it is still the law.


But There is a grey area of the Law which straddles both HC and PH and its these where common sense comes in. no One person in Britain Knows every single law, that means we can only adhere to our known laws and where those laws become blurred and unclear is where the legal system uses test cases to decided a precident. laws are forever changing. Ignorance may be no excuse but that can only be said where a law is blatantly obvious but where there is ambiguity or a lack of clarity ignorance is quite understandable.


The situation that you described is not a grey area though is it?



Yes it is............


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PostPosted: Wed Jul 30, 2008 1:17 pm 
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bloodnock wrote:
laws are forever changing.


Not this one, its been around since 1847.

Perceptions and at times interpretations might change but the law always stays the same, until such time it moves on.

Regards

JD

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PostPosted: Wed Jul 30, 2008 2:39 pm 
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JD wrote:
bloodnock wrote:
laws are forever changing.


Not this one, its been around since 1847.

Perceptions and at times interpretations might change but the law always stays the same, until such time it moves on.

Regards

JD



January - March

* January 1 - New York City annexes The Bronx.
* January 2 - Ignacio (Maria) Gonzalez becomes head of state of the Dominican Republic (for the first time).
* January 23 - Marriage of the Duke of Edinburgh, second son of Queen Victoria, to Grand Duchess Marie Alexandrovna of Russia, only daughter of Emperor Alexander III of Russia.
* January 23 - Camille Saint-Saëns' composition Danse Macabre is premiered.
* January - Signing of the Pangkor Treaty (also known as the Pangkor Engagement), by which the British extended their control over, first the Sultanate of Perak and later the other independent Malay States.
* February 21 - The Oakland Daily Tribune publishes its first newspaper.
* February 23 - Walter Clopton Wingfield patents a game called "sphairistike" which is more commonly called lawn tennis.
* March 18 - Hawaii signs a treaty with the United States granting exclusive trading rights.
* March - founding of a Young Men's Hebrew Association in Manhattan which still operates today as the 92nd Street Y
* March - Formation of Aston Villa Football Club

[edit] April - June

* 25 April - Louis Leroy reviews the first Impressionist exhibition, held in Paris, and coins the term with reference to Claude Monet's Impression, Sunrise.
* 9 May - The first horse drawn carriage made its debut in the city of Mumbai, plying on two routes.
* May 20 - Levi Strauss and Jacob Davis receive a US patent for blue jeans with copper rivets. The price was $13.50 per dozen.
* June 4 - The flag of Estonia is consecrated as the flag of Estonian Students Society in Otepää.
* June 14 - Michel Domingue becomes the head of state of Haiti.

[edit] July - September

* July 1 - Philadelphia Zoo opens, the first public zoo in the U.S.
* July 23 - Aires de Ornelas e Vasconcelos is appointed the Archbishop of the Portuguese colonial enclave of Goa.
* July 24 - Mathew Evans and Henry Woodward patent the first incandescent lamp with an electric light bulb.

[edit] October - December

* October 19 - Modern University of Zagreb founded in Zagreb
* November 4 - Democrats regain the U.S. House of Representatives for the first time since 1860.
* November 7 - Harper's Weekly publishes a cartoon by Thomas Nast considered the first important use of an elephant as a symbol for the Republican Party. [1].
* November 10 - John Ernst Worrell Keely demonstrates his "induction resonance motion motor" (later investigation reveals fraud behind another perpetual motion machine).
* November 11 - The Gamma Phi Beta sorority is founded at Syracuse University. This is the first women's greek letter organization to be called a sorority.
* November 25 - The United States Greenback Party is established as a political party made primarily of farmers financially hurt by the Panic of 1873.
* December 1 - Iceland is granted a constitution and limited home rule.
* December 9 - Transit of Venus.

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PostPosted: Wed Jul 30, 2008 2:50 pm 
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bloodnock wrote:
I think a wee bit of Common sense goes a long way in these instances...is anyone really advocating leaving man, woman or child stranded when they have no other means of getting to a destination, its not Deliberate touting..its an Extraordinary event that may happen on rare occasions.


when i asked this it was clearly stated that the (in my case) woman/girlfriend/daughter has to stand in the dark rainsoaked, thug infested alleyway rather than get in a PH vehicle...

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PostPosted: Wed Jul 30, 2008 7:22 pm 
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wannabeeahack wrote:
bloodnock wrote:
I think a wee bit of Common sense goes a long way in these instances...is anyone really advocating leaving man, woman or child stranded when they have no other means of getting to a destination, its not Deliberate touting..its an Extraordinary event that may happen on rare occasions.


when i asked this it was clearly stated that the (in my case) woman/girlfriend/daughter has to stand in the dark rainsoaked, thug infested alleyway rather than get in a PH vehicle...



Well..At least until they had the Good sense to phone and book a Private Hire vehicle. And im sure there is no law on you Offering them that bit of advice or indeed Even lending them a Mobile phone to phone from...and being the Good Samaritan your are even Give them a PH phone number...and if it happens that if the Only number in head your is own...well so be it......your Conscience is salved and when ever you shuffle off this mortal coil and get to those Pearly Gates they will swing open and the vagueley familiar Angel who once was that Stranded little Lady on a wet cold night will turn around and say.."If your PH of course you can enter the Kingdom of Heaven, but if your HC then you can bloody well go wait in the Queue until the Next angel comes along"...


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PostPosted: Wed Jul 30, 2008 9:12 pm 
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I should hope that you all teach your near and dears on how to utilise PH or HC properly.. If not.. shame on you for complaining about the drivers...

Anyway
A car can offer advertising without breaching license regs because if he's dropping there, he's not soliciting for Trade.
This can be by means of car graphics, cards, verbal etc..

If the punter then complies with regs by booking through a licensed operator, it is to that companies discretion as to which vehicle they send.

So long as the job starts or ends within the LO area, no laws broken...
(that bit applies to the supermarket question as well)


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PostPosted: Wed Jul 30, 2008 9:28 pm 
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M4rcs wrote:
So long as the job starts or ends within the LO area, no laws broken...

The job can start where it likes, and end where it's likes, as long as the booking was taken by an operator licensed by the same council as the driver and vehicle.

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PostPosted: Wed Jul 30, 2008 9:48 pm 
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Excuse my Ignorance, not being English and that..But how does this English Licensed operator work in PH or HC? Does it mean a small Owner/driver has to have all his runs booked through a Third Party Licenced operator? Or can the Owner /Driver himself be the Licensed Operator?

Does he Have to have an Office to take every single Booking through or can he take bookings by means of call divert?

I fail to see how a small PH or HC business where say its owner owns two cars and he and say his wife are the Owner drivers that it could pay him to have a fully manned office and staff to take the small amount of work that he would likely expect from Two cars..especially if he lived in a rural area.

looking for a straight and Uncomplicated answer...ty


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PostPosted: Wed Jul 30, 2008 10:06 pm 
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where the phone is answered is where is operator license has to be registered for ph, hacks don,t need ops license can take call anywhere


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PostPosted: Wed Jul 30, 2008 10:10 pm 
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mancityfan wrote:
where the phone is answered is where is operator license has to be registered for ph, hacks don,t need ops license can take call anywhere


still confused..is it Building that is licenced or a person? and if that Person was the Driver and the call diverted? would that be Ok?


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PostPosted: Wed Jul 30, 2008 10:10 pm 
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ph can run from home, hack from vehicle


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PostPosted: Wed Jul 30, 2008 10:12 pm 
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person that is licensed


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PostPosted: Wed Jul 30, 2008 10:14 pm 
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call can not be diverted to a vehicle for ph but can be for hack


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PostPosted: Wed Jul 30, 2008 10:14 pm 
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bloodnock wrote:
Does it mean a small Owner/driver has to have all his runs booked through a Third Party Licenced operator? Or can the Owner /Driver himself be the Licensed Operator?

Yes to both.

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