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PostPosted: Thu Aug 28, 2008 12:13 am 
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JD wrote:
captain cab wrote:


They are licensed as HC

CC


Licensed in Berwick.

There are licensed Trafford, Salford and Stockport cabs working on a Manchester based private booking radio circuit but they don't require a Manchester private hire knowledge test. The point is that according to you and MrT no one needs a knowledge test for private bookings regardless of how and where they are licensed.

Regards

JD



Graham,

Question: Can you walk in a straight line? because you are obviously twisted. Now you know you little rascal, that I haven't said everybody doesn't need a knowledge test, but you continue to try to twist it, don't you, deliberately misinterpreting what has been written.

Yours is the mentality of a night time driver who rents a cab, and why shouldn't it be? You expect the work to be there for eternity.

The Berwick situation should be of concern to p.h. companies, drivers and the hackney trade because it is hard enough for everyone to make a living now, and we have the burden of complying with the rules and regulations that govern us.

If people ignore the Berwick situation and its consequences, then be it on their own head. The reality is that drivers go to work to earn money, but the pond is only so big. It is obvious that the vehicles licensed in Berwick and other such places are being licensed to place themselves outside of the system. The end result may take years to sort out, but what the heck, it only means the licensed trade will earn less. :lol:

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PostPosted: Thu Aug 28, 2008 4:31 am 
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MR T wrote:
The Berwick situation should be of concern to p.h. companies, drivers and the hackney trade because it is hard enough for everyone to make a living now


Your misguided attempts to try and deflect your comments away from the point in question won't work I'm afraid.

Let me remind you what you said about private hire knowledge tests.

I can honestly say that it is a barrier to this trade that is not needed. The technology available renders it obsolete. "A training day would be more appropriate, as we find that some drivers who have passed the test cannot even change a wheel."

Your stance is that anyone undertaking a Private hire booking shouldn't require a knowledge test. You are entitled to that view and there will no doubt be others that agree with you. The only problem in your case is that "where they are consistent, you are inconsistent".

Either you believe in your own theory that private hire knowledge tests are not required or you don't? It is obvious that in your case you advocate one thing for one occasion and something entirely different for another.

If you find it painful having your inconsistencies exposed then the only remedy is to be consistent. However it appears consistency is hardly your stock in trade because contradiction seems to follow you around like a bad penny.

Regards

JD

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PostPosted: Thu Aug 28, 2008 7:38 am 
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captain cab wrote:
Hackney carriage driver’s licence revoked for ‘flimping’

Berwick-upon-Tweed Borough Council has today (Friday, 25 July) revoked the licence of a hackney carriage driver for ‘flimping’ - illegally picking up someone off the street who has not pre-booked the vehicle.


So now we have an offence of 'flimping'.

I have never seen that one before. It's not even in the dictionary, & that's the big gubber in the bookcase.

Is it a word that has been invented as a unique definition of a Berwick cab illegally acting as a Hackney Carriage, & picking up passengers off the streets without pre-booking whilst outside the Berwick-upon-Tweed LA?

So will all Berwick Hackney Carriages now be known as 'The Berwick Flimpers'?

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PostPosted: Thu Aug 28, 2008 8:57 am 
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I agree with the view expressed in Kingston Upon Hull v Wilson (1995) that just because a hackney vehicle is licensed in Berwick it does not mean that it cannot fall within the private hire legislation if it is so used as a private hire vehicle solely within, for example Kingston Upon Hull’s district. As a further example Section 80 (1) of the 1976 Act defines Hackney Byelaws as being those of the Council whose area consists of or includes that district. Therefore if the said Berwick Hackney Carriage were to be legally able to solely work in Hull then it would be the Hull Byelaws that applied to it. That does not make logical sense but if the argument raised in Berwick’s argument is sound then the same “logic” must apply to that provision also.

I would not argue that the said Berwick Hackney Carriage could not be used by a Berwick Private Hire Operator to fulfil bookings. Nor do I argue that the said carriage could not go prebooked into another authority’s area and fulfil a contract (Khan v RB Windsor & Maidenhead). Clearly it is accepted that in the case of licensed private hire if the vehicle, driver and operator licences are all issued by one authority then the journey may be “out of borough”. I believe that this is the position also should a licensed private hire operator wish to use hackney carriages as well as private hire vehicles to fulfil his bookings.

I am 100% convinced that the legislation is meant to work on the local level and the expressed view of the DfT appears to agree with that in that the view stated that the hackney in question had to be within its’ own district when a third party booking was accepted;

Councils can and do authorise neighbouring Council’s officers to act on behalf of each other so as to ensure that no avoidance of the necessary public safeguards occurs;

If it is legal for one Council to issue licences to ply in their district to vehicles which are then solely used to circumvent local controls elsewhere then the whole scheme of licensing falls apart and the public is totally at risk of being unable to be sure that their driver and vehicle are fit and proper. This in itself is the clear assertion that would drive the proverbial coach and horses through the licensing legislation and indeed the current ability to set the levels of CRB, DVLA, Medical and other standards which taken together protect the public

To date this type of situation has only been heard before Magistrates Courts such as at Wrexham CBC where Oswestry Hackney Carriages were so used. The court recently decided this was an illegal practice. That decision appears to have been arrived at in the full knowledge that any other verdict would have left the public at large at risk and that also the licensing legislation would have been thwarted in its’ entirety.

Thats my view for what its worth


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PostPosted: Thu Aug 28, 2008 9:22 am 
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JD wrote:
MR T wrote:
The Berwick situation should be of concern to p.h. companies, drivers and the hackney trade because it is hard enough for everyone to make a living now


Your misguided attempts to try and deflect your comments away from the point in question won't work I'm afraid.

Let me remind you what you said about private hire knowledge tests.

I can honestly say that it is a barrier to this trade that is not needed. The technology available renders it obsolete. "A training day would be more appropriate, as we find that some drivers who have passed the test cannot even change a wheel."

Your stance is that anyone undertaking a Private hire booking shouldn't require a knowledge test. You are entitled to that view and there will no doubt be others that agree with you. The only problem in your case is that "where they are consistent, you are inconsistent".

Either you believe in your own theory that private hire knowledge tests are not required or you don't? It is obvious that in your case you advocate one thing for one occasion and something entirely different for another.

If you find it painful having your inconsistencies exposed then the only remedy is to be consistent. However it appears consistency is hardly your stock in trade because contradiction seems to follow you around like a bad penny.

Regards

JD


What has a PH knoweldge test got to do with a Berwick HC operating in another area?

I thought you or Sussex said the other day that a PH is always a PH and a HC is always a HC?

regards

CC

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PostPosted: Thu Aug 28, 2008 9:35 am 
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captain cab wrote:
Sussex wrote:
captain cab wrote:
Why should a person who accepts a pre-booking knowing where he's picking up from and where he's going to...have to do a knowledge test?

Because office staff get it wrong, customers get it wrong or change their minds, and many jobs come via pub/restaurant/club etc etc staff who haven't got a clue just a name.


Good point :wink:

CC



well....If so many people in the chain get it wrong then no amount of the so called "Knowledge" is going to help....if you take a booking for a run from Point A to point Z you really dont need to know where all points in between are...thats what the Drivers paid to do.

If you put more Obstacles in the way like Booking staff needing the " knowledge" your not going to get any takers for the post, they wont get Paid Drivers rate, they wont get tips, they wont be aware of problems on the ground such as possible Roadworks or other localised holdups ....so...leave it to them that knows...the Drivers!!!


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PostPosted: Thu Aug 28, 2008 10:15 am 
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so if i bought a little island somewhere, created HC plates for £100 a time, no visit needed, just send the money, i could be on a winner?

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PostPosted: Thu Aug 28, 2008 11:50 am 
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captain cab wrote:
What has a PH knoweldge test got to do with a Berwick HC operating in another area?

I thought you or Sussex said the other day that a PH is always a PH and a HC is always a HC?

regards

CC


A hack is always a hack that has nothing whatsoever to do with it and neither has where it might be licensed. If I recall hacks were undertaking private hire work long before licensed private hire came along.

It's a case of the double standards of someone saying in order to work a private hire circuit the driver shouldn't require a knowledge test and then when it comes down to working a private hire circuit in an authority other than your own they suddenly do need a knowledge test.

You're confusing a "license" with a "knowledge test" the two are different as chalk and cheese.

If you believe a person shouldn't require a knowledge test for private hire which by your statement you obviously do then that is your prerogative. My observations never brought licensing into the equation because I was referring to existing licensed drivers. If in your opinion a person doesn't require a knowledge test to get someone from A to B then it makes no difference where the driver comes from does it, because all drivers will be on an equal footing with regard to knowledge.

Either you believe your own statement that a driver shouldn't require a knowledge test to work private hire or you don't, which one is it?

Regards

JD

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PostPosted: Thu Aug 28, 2008 1:19 pm 
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wannabeeahack wrote:
so if i bought a little island somewhere, created HC plates for £100 a time, no visit needed, just send the money, i could be on a winner?
Only if your island were part of England or Wales and had it's own council. 8)

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PostPosted: Thu Aug 28, 2008 1:22 pm 
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JD wrote:
captain cab wrote:
What has a PH knoweldge test got to do with a Berwick HC operating in another area?

I thought you or Sussex said the other day that a PH is always a PH and a HC is always a HC?

regards

CC


A hack is always a hack that has nothing whatsoever to do with it and neither has where it might be licensed. If I recall hacks were undertaking private hire work long before licensed private hire came along.

It's a case of the double standards of someone saying in order to work a private hire circuit the driver shouldn't require a knowledge test and then when it comes down to working a private hire circuit in an authority other than your own they suddenly do need a knowledge test.

You're confusing a "license" with a "knowledge test" the two are different as chalk and cheese.

If you believe a person shouldn't require a knowledge test for private hire which by your statement you obviously do then that is your prerogative. My observations never brought licensing into the equation because I was referring to existing licensed drivers. If in your opinion a person doesn't require a knowledge test to get someone from A to B then it makes no difference where the driver comes from does it, because all drivers will be on an equal footing with regard to knowledge.

Either you believe your own statement that a driver shouldn't require a knowledge test to work private hire or you don't, which one is it?

Regards

JD


A HC driver should pass a knowledge test, I dont think it is so necessary with PH.

CC

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PostPosted: Thu Aug 28, 2008 5:55 pm 
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Graham, you keep trying to twist it.... that's all you have....

also I believe Berwick has a testing station in Scotland now.... why would they do that....

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PostPosted: Thu Aug 28, 2008 6:29 pm 
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I am a bit puzzled as to why Berwick is getting all the flack. Is it not a fact that any licensed HC from anywhere could if they wanted operate on a radio circuit anywhere they liked but could not take any flags in that area.

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PostPosted: Thu Aug 28, 2008 6:31 pm 
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Tulsablue wrote:
I am a bit puzzled as to why Berwick is getting all the flack. Is it not a fact that any licensed HC from anywhere could if they wanted operate on a radio circuit anywhere they liked but could not take any flags in that area.


Yes that is the case.

One of the main arguments against Berwick drivers by the protagonists is that they don't have a Newcastle knowledge test but neither are they required to have one by law.

Regards

JD

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PostPosted: Thu Aug 28, 2008 10:11 pm 
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Brummie Cabbie wrote:
The Berwick Issue;

A Sledge Hammer to Crack a Nut Perhaps?


I have given this issue a great deal of thought over the last few weeks & I am posting my views on a possible ‘cure’ for the Berwick issue with the full & expectant knowledge that I am very likely to be 'shot down in flames' by many of the ‘learned’ members of this forum; but then I do have thick skin.

I have always looked at simply remedies to try to resolve problems, whilst the world around me thinks of the more ‘belt & braces’ resolutions to various issues.

So, could the remedy to the Berwick problem be as follows;

• Conditions of Licence for Hackney Carriages are by way of bye-laws adopted by the Local Authority, unlike for Private Hire Vehicles which are by Conditions of Licence as laid down by the Local Authority, without the need for bye-laws.
• All Hackney Carriages licensed under the TPC 1847 are therefore also further governed by Local Authority bye-laws.
• All draft Hackney Carriage bye-laws must be initially submitted to the DfT for approval by their lawyers, before being officially adopted by a Local Authority, usually at a full council meeting.
• The DfT have draft or model Hackney Carriage bye-laws, which Local Authorities work from.

I just wonder if it could be possible for the DfT to take the lead on this issue and draft an appropriate bye-law clause to cover the Berwick issue problem & then instruct or mandate every LA to adopt this further clause in their bye-laws.

A bye-law, which would be DfT mandatory on all LAs, with the following or similar wording might suffice;

‘Hackney Carriages shall not be hired or engaged if the hiring or engagement originates from, or is supplied by, any dispatch system whose operations address or base is not in the Licensing Authority area in which the Hackney Carriage is licensed.’

This wording or similar (the wording may need tweaking), would IMO address the cross-border issue as at Berwick/Newcastle, whilst still leaving the status quo for Hackney Carriages to work on dispatch systems in their own LAs.

My only reservation (& I’m pretty sure that others on the forum will have a few more), is that the DfT may not have the legal authority to impose a mandatory clause in bye-laws.

Those are my thoughts.

NOW ….. shoot!

But please be gentle & try not to hit me in the middle of the chest or right between the eyes!


A byelaw is a law which is made by a body, such as a local authority, under an
enabling power established by an Act of Parliament and which has been confirmed
by the Secretary of State. Byelaws generally require something to be done – or not
to be done – in a particular location. They are accompanied by a sanction or penalty
for non-observance. If validly made, byelaws have the force of law within the areas
to which they apply. Offences against byelaws attract a penalty fine which can, at
present, only be enforced through the Magistrates’ Courts

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PostPosted: Thu Aug 28, 2008 10:29 pm 
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MR T wrote:
A byelaw is a law which is made by a body, such as a local authority, under an enabling power established by an Act of Parliament and which has been confirmed by the Secretary of State. Byelaws generally require something to be done – or not to be done – in a particular location. They are accompanied by a sanction or penalty for non-observance. If validly made, byelaws have the force of law within the areas to which they apply. Offences against byelaws attract a penalty fine which can, at present, only be enforced through the Magistrates’ Courts


well you learn something...

CC

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