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PostPosted: Sun Sep 07, 2008 4:49 pm 
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Location: Chichester
wannabeeahack said:

Quote:
arent i doing that simply having a phone number and council plates on the
vehicle?...24/7


Indeedy - I have no problem with that at all.

So what does joe public do when he reads the number?

He picks up the phone, rings and makes a proper booking, which is logged, agreeing price, time for collection, place, destination etc etc, as per the 1976 requirements.

The job is then allocated to a driver at the appropriate time, and a perfectly legal time is had by all.

This is plainly NOT the scenario here champ!


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PostPosted: Sun Sep 07, 2008 5:13 pm 
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if hes stood by the vehicle, and the number is my mobile, its all hunky dory too then?....

so once again, what is "pre-booked" for an owner driver?...

or if i take a verbal booking thru the window?....

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 Post subject:
PostPosted: Sun Sep 07, 2008 5:38 pm 
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Location: Chichester
wannabeeahack said:

Quote:
if hes stood by the vehicle, and the number is my mobile, its all hunky dory too then?....


Um .... No ... Are you a licensed booking office, or a PH driver and car?

Also

Quote:
so once again, what is "pre-booked" for an owner driver?...


"Pre" means in ADVANCE of being there, you should have, name, time, pick up point, destination and agreed a price. Please read the 1976 regulations for clarification.

In effect you should not be let out of the"cage" until you have been booked.

Quote:
or if i take a verbal booking thru the window?....


I think this is a perfect description of what would be seen as (illegal) plying for hire and/or touting - legally you should not be putting yourself in that position.

Incidentally my attitude is that if in the course of business a PH driver does a drop and are occasionally are approached by a punter and takes them, well good luck to them.

Been there, been one, done that. Some would cheerfully strangle them, but I think most hacks probably live with it.

What really p*sses me off big time is PH blatantly ranking up as a matter of course, or cruising for "flags".

Thats why I had a religious conversion, saw the light, and I got a license that says I legally can.

And before you start on me I didn't make these fecking rules up you know! :roll: :roll:


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 Post subject:
PostPosted: Sun Sep 07, 2008 5:43 pm 
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Location: Chichester
Sussex:

These are two of the files you requested (I think?) to look at.

More to follow tomorrow.

http://cid-f9a3242c8928ba5b.skydrive.li ... icence.jpg

http://cid-f9a3242c8928ba5b.skydrive.li ... icence.jpg


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 Post subject:
PostPosted: Sun Sep 07, 2008 5:46 pm 
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Location: Twixt Heaven and Hell, but nearest Hell
Doc G wrote:
wannabeeahack said:

Quote:
if hes stood by the vehicle, and the number is my mobile, its all hunky dory too then?....


Um .... No ... Are you a licensed booking office, or a PH driver and car?

Also

Quote:
so once again, what is "pre-booked" for an owner driver?...


"Pre" means in ADVANCE of being there, you should have, name, time, pick up point, destination and agreed a price. Please read the 1976 regulations for clarification.

In effect you should not be let out of the"cage" until you have been booked.

Quote:
or if i take a verbal booking thru the window?....


I think this is a perfect description of what would be seen as (illegal) plying for hire and/or touting - legally you should not be putting yourself in that position.

Incidentally my attitude is that if in the course of business a PH driver does a drop and are occasionally are approached by a punter and takes them, well good luck to them.

Been there, been one, done that. Some would cheerfully strangle them, but I think most hacks probably live with it.

What really p*sses me off big time is PH blatantly ranking up as a matter of course, or cruising for "flags".

Thats why I had a religious conversion, saw the light, and I got a license that says I legally can.

And before you start on me I didn't make these fecking rules up you know! :roll: :roll:


if "The Book" is with me, and the phones on divert, im a MOBILE booking office, "pre" means "before the act", i wouldnt tale a flag down (as a PH) but i may give em my card!

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 Post subject:
PostPosted: Sun Sep 07, 2008 5:58 pm 
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Location: Chichester
Sorry mate, I have to take issue - You Cannot legally be a "mobile booking office".

"One man bands" do it all the time, it makes no odds to me, but it ain't legal.

The law does say the operator has to have a "licensed booking office", which you pay a license fee for (where does it mention your car??) which as you well know has to be an address, bricks and mortar, I believe not even a mobile home/caravan will suffice.

Your LO, or a police officer, is able to visit such premises at any time, without prior warning, and look at the bookings to verify compliance with the legal booking requirements, and check nobody is touting for trade / plying for hire.

With respect, I think you need to be able to distinguish the difference between the functions of "operator", "Private hire driver", "booking office", and "PH vehicle".

As I said before - I did not make up the rules - but I do try and follow them, even when they are illogical. eusasmiles.zip


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 Post subject:
PostPosted: Sun Sep 07, 2008 6:30 pm 
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Doc G wrote:
Agreed - but if they are out of area do they should not be there unless pre-booked AND therefore have to operate under PH restrictions? ie not able to ply for hire?

Back to my sentence.

Hackney carriages are always hackney carriages.

Just cos a hackney carriages happens not to be in his own area doesn't mean he suddenly becomes PH, just that the only work he can do off the street is PH work.

The venue 'rank' isn't on a street.

Thus those out-of-town hackney carriages can 'ply' on the private land cos no-one has written a section of any act to say they can't. :sad:

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 Post subject:
PostPosted: Sun Sep 07, 2008 6:42 pm 
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Doc G wrote:

Have you asked your LO if he checks that bookings for Chichester PH at the venue? :?

The only person that can give work to a Chichester PH is a Chichester PH operator.

Chichester PH ops must, according to their license, keep records of the;

i) Time and date of booking
ii) The name and address of hirer
iii) The time of pick up
iv) The point of pick up
v) The destination
vi) The registration number of the vehicle and driver doing the job
vii) Anything else important


There is no way on this earth that is happening at the venue 'free for all'.

If I was you I would ask why that is not happening? :wink:

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 Post subject:
PostPosted: Sun Sep 07, 2008 6:50 pm 
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The law does say the operator has to have a "licensed booking office", (ive got one) which you pay a license fee for (where does it mention your car??) (where does it say ONLY take bookings at the address?) which as you well know has to be an address, bricks and mortar, I believe not even a mobile home/caravan will suffice. (might get one and tow it round then)

Your LO, or a police officer, is able to visit such premises at any time, without prior warning, (no-one there if im working)and look at the bookings to verify compliance with the legal booking requirements, and check nobody is touting for trade / plying for hire. (the "book" will be with me)

With respect, I think you need to be able to distinguish the difference between the functions of "operator", "Private hire driver", "booking office", and "PH vehicle". (im all 4 in 1)

if im out and get an email booking over the t'interwebnet GPRS thing i have to go home first then i take it?

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 Post subject:
PostPosted: Sun Sep 07, 2008 6:52 pm 
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wannabeeahack wrote:
The law does say the operator has to have a "licensed booking office", (ive got one) which you pay a license fee for (where does it mention your car??) (where does it say ONLY take bookings at the address?) which as you well know has to be an address, bricks and mortar, I believe not even a mobile home/caravan will suffice. (might get one and tow it round then)

I think different councils have different policies.

Some even say you need planning permission. :shock:

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 Post subject:
PostPosted: Sun Sep 07, 2008 6:57 pm 
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Sussex said:

Quote:
Have you asked your LO if he checks that bookings for Chichester PH at the venue?


Yes, and he KNOWS they attend without any form of prior booking - not one of the criteria for such is met.

Quote:
The only person that can give work to a Chichester PH is a Chichester PH operator.


Agreed, so they just send all available vehicles to the venue to join the rank - the reality is that there is VERY little pre-booked work at all - why bother? the punters have the world, his brother and his dog ranking up - no need to book - pick any colour, of you go!!!
The prebooked car park section is basically unused. The council are "terminologically incorrect" with many of their statements - this is one example.

Quote:
Chichester PH ops must, according to their license, keep records of the;

i) Time and date of booking
ii) The name and address of hirer
iii) The time of pick up
iv) The point of pick up
v) The destination
vi) The registration number of the vehicle and driver doing the job
vii) Anything else important


There is no way on this earth that is happening at the venue 'free for all'.

If I was you I would ask why that is not happening?


Been there, done that, got no rational response (cos they have not got one).

Now me sit in corner and bang me head against wall. It nice when I stop!!!


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 Post subject:
PostPosted: Sun Sep 07, 2008 7:00 pm 
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Sussex said:

Quote:
Some even say you need planning permission.


Definately applicable to some of the "sheds" driving here abouts
:lol: :lol: :lol: :lol: :lol:


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PostPosted: Sun Sep 07, 2008 7:03 pm 
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Doc G wrote:
Been there, done that, got no rational response (cos they have not got one).

Well then go back again, and ask the council why it is not enforcing it's own policies?

Take this in a good way, but you need help. :wink:

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 Post subject:
PostPosted: Sun Sep 07, 2008 7:26 pm 
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Doc G wrote:
Quote:
Perhaps the point is to ignore where the HC is licensed - the question is, is it illegal to ply for hire on private land, and the answer is NO. The fact that this in effect allows out-of-area HCs to ply just seems to me to be a loophole.


Agreed - but if they are out of area do they should not be there unless pre-booked AND therefore have to operate under PH restrictions? ie not able to ply for hire?



But there's nothing in the legislation which says they can't go wherever they want, as long as they don't ply for hire in a public place. That's why the Berwick licensed HC are allowed to operate in Newcastle etc doing pre-booked work - as long as they're not plying for hire, there's nothing in the legislation to stop them and they don't seem to need an operator's licence either, because the legislation is silent on that as well.

Perhaps if the legislation had been drawn up recently rather than 150 years ago then it would deal with such issues, but it wasn't, so it doesn't :)


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PostPosted: Sun Sep 07, 2008 7:35 pm 
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Doc G wrote:
Fae Fife said:

Quote:
As for touting/soliciting, Doc G seems to agree that the cars are just sitting passively on the 'rank', whereas the offence requires something more pro-active - 'importuning', as our council calls it - thus not much mileage there.


To quote from eleswhere:

Quote:
Opinion has been given that a vehicle waiting on private property may be prosecuted if the facts, and quality, of evidence show that the drivers conduct amounted to Invitation, or acceptance, of bookings in the course of business.


Also:

Quote:
'Plying for Hire' means being on view and inviting the public to use the vehicle


This must be the case here surely?


But the Eastbourne case seems to say that drivers aren't 'inviting' the public to use the vehicle unless they are close to people on the public highway, but if the club isn't close to the public highway and/or there are no people on the public highway likely to use the cars on the rank anyway then to that extent they can't be inviting the public.

Of course, because the club is on private land its patrons don't count as the public.


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