Taxi Driver Online

A council can refuse a vehicle subject to appeal but what applicant in his right mind would present a vehicle other than one that meets the councils criteria?

If you meant to say the council can put a condition on a vehicle that states it cannot take a private hire booking from outside the prescribed distance then that would be unlawful. The council also cannot apply such a condition to hackney carriage driver licenses as they are governed by bye laws and even if they tried it would be illegal.

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.

No, I didn't mean to say what you state in your second paragraph, we've been through that before I believe you are of course correct.

Back to your first paragraph.

I presume someone who applied for a vehicle license, with a type of a vehicle his council didn't approve of would be refused as the vehicle didn't meet the criteria, such a refusal would trigger the appeals mechanism within the act?

Suchlike if a council had a question on the same form asking where the vehicle license would be used and the applicant stated another area this would be part of the same type of appeals mechanism?

regards

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

In that case you are not talking about the complexity of the vehicle but to its use?

I doubt anyone applying for a hackney carriage vehicle license would say they propose to use the vehicle contrary to law. It is illegal to ply for public hire in an area for which the vehicle is not licensed. It is also unlawful to impose a pre condition of license that makes that which is already lawful, unlawful.

A council cannot refuse a drivers license on the basis the applicant might wish to take private hire bookings from anywhere in the country. No matter what the proximity of the area.

If I was presented with a question of the type you suggest I would answer.

The vehicle will only be used according to law.

And if the council refused then the magistrates could sort it out. I might add that is what will eventually happen and I suspect it will be sooner rather than later.

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.

In respect of the vehicle I meant if a person were to say attempt to license a saloon vehicle in a WAV only area, and wrote on the application form....Skoda Octavia instead of TX4......the application would naturally be refused.....

But it would be refused on the criteria of the vehicle not 'fitness and propriety' of the applicant.

Suchlike with an application for a vehicle proprietors license.....if that stated where do you intend to use the vehicle.....if a person wrote 'Timbuktu' then that could be refused for the reasons set out by the judge? And it would still be part of the same appeals process?

regards

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

There is no doubt where the vehicle is to be used because it can only be used in the area for which it is licensed. Any question regarding use would have to incorporate the private hire element. There is no unlawfull restriction on how a hackney carriage can be used as a private hire vehicle.

If a council wishes to refuse a vehicle license on the basis that the vehicle will be used under a contract of private hire outwith the authority it is licensed then I have no doubt that a court of law will advise them that their actions are unlawfull.

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.

Why would the question have to be phrased in any other way than 'Where do you intend to use this vehicle?"

Surely thats the point, if a person wishes to operate a HC as a PHV in another area, then they can license the vehicle as a PHV in another area.

regards

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Because legally the vehicle can only be used as a hackney carriage in the area for which it is licensed. On the other hand it can legally be used as a private hire vehicle anywhere in the country. If you pose the question where do you intend to use the vehicle, the obvious and only answer is in the district for which it is licensed.

If you wish to determine whether the vehicle will be used for private hire purposes then you have to introduce the private hire element. That is where you come unstuck because a council cannot restrict the use of a hackney carriage as a private hire vehicle.

I'm afraid there is no proviision in law that restricts a hackney carriage from operating as a private hire vehicle, unless you or judge Symonds has found something that no other judge in the land has found, either past or present?

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.

First post so be gentle

Surely if the local council has full authority in its own area then what is stopping them making it a condition of issuing a private hire operators licence (or keeping it for that matter) that all of there cars must be plated from said local authority without exception, and not allowing a load of out of area bandits, or am I missing something here

In a nutshell "the Law".

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.

Because, as JD says, the law allows licensed vehicles from everywhere to work everywhere as PH.

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IDFIMH

So basically all the bulls*** that is flying around the ranks is a total load of bolloc** (things will change soon)

So although councils have been leading us to believe they are in control in reality there not.

Guess we will still have to keep on chasing them when we see them blatantly rolling up to a queue of people and trying to pick up.

Wonder when Northumberland comes into affect if it be any different, somehow I think not

I don't really agree with what JD states, but I understand the logic there.

I tend to believe the HC license geographically limits the area where the license can be worked and that if a person only wants a license to operate as a PH in another area then the LA should have the right to refuse to issue.

However, wanting to believe something should be done in a certain way doesn't make it lawful!

A HC can do PH work, pure and simple, if a council takes on board what the judge suggests then a court case is a strong possibility, hopefully that will happen then we can have closure.

The Northumberland issue is interesting, I dont think they've thought the implications through and I understand zoning is finished anyway.

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

At the end of the day a PH can work anywhere they want, providing of course the booking came via an office in the district they are licensed by.

So if a PH can work anywhere, I'm a tad confused as to why some folks are up in arms that a licensed taxi can take pre-booked work elsewhere as well.

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IDFIMH

Where the booking is accepted old chap?

And I'm waiting for JD to mention Gladen now

regards

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Well I will mention Gladen.

The judge says that PH law doesn't relate to taxis. Thus there is no booking law in relation to taxis.

If there is no law, then you can't break it.

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IDFIMH