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 Post subject:
PostPosted: Tue Jun 15, 2004 2:31 am 
Anonymous wrote:
Sussex wrote:
Anonymous wrote:
You don't have to fit a taximeter, you are free to charge whatever you wish, I would say that is a very significant difference. As you have the choice of which to use PH or HC there is no discrimination. It a financial decision.
Your whole argument is based on falsehood.
When you start with a lie no matter how many facts you surround it with it is still a lie.


What is the fact that I don't have to have a taxi meter got to do with it?

Reply: A taxi is a controlled fare vehicle a PH is not.

And how do you know that I don't need one to operate on the firm I work with?

Reply: Working for a firm has nothing whatever to do with the regulations, its your personal choice.


And where in any of the acts does it say that you must have a taxi meter?


Reply: By definition a taxi is a controlled fare vehicle. It must adhere to the tariff set by the licensing authority. If it does not have a working meter fitted the driver must obtain a exception certificate to use the vehicle as a taxi. A PH is free to set his own rates and fees.
PRIVATE hire, a private arrangement between customer and supplier.
PUBLIC hire, a controlled fare vehicle, fares charged according to a published tariff.
Basic stuff but totally unpalatable to "sussex".


By definition a Taxi is a vehicle that is licensed to ply for public hire within a prescribed distance. The Taxi laws and conditions are applied as of statute and by local bye laws. The Taxi meter is just a condition that is attached to any vehicle in modern times that is licensed as a hackney carriage. Unless a local council has legislation that supercedes the 1847 Town police clauses act, then that act will be the legislation which a council can call upon should it wish to control fares.

I don't know of a council that doesn’t control fares or indeed runs a system where their Hackney carriages run around town without a Taxi meter.

So the definition that a taxi is a controlled fare vehicle is quite obvious but it is only a controlled fare vehicle when plying for hire within its own licensed area. There is no definition in the town police clauses act that specifically says a Taxi is a controlled fare vehicle. The very existence of the act makes a Hackney a controlled vehicle. Your observation that a Hackney is a controlled vehicle is elementary.

As for fares, the act states a licensing Authority MAY set fares within their prescribed licensed area. They legally have no control to set fares that end outside their own licensed area, so for that instance fares are not controlled.

At all times a Taxi is controlled but at some times the fares are not controlled. So therefore to say that a Taxi is a controlled fare vehicle only applies under certain conditions. It may be more fitting to say that a Taxi is a controlled fare vehicle within its own area and it becomes an uncontrolled fare vehicle when taking passengers outside the prescribed distance.

Best wishes

John Davies


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 Post subject:
PostPosted: Tue Jun 15, 2004 2:32 am 
Anonymous wrote:
Sussex wrote:
Anonymous wrote:
You don't have to fit a taximeter, you are free to charge whatever you wish, I would say that is a very significant difference. As you have the choice of which to use PH or HC there is no discrimination. It a financial decision.
Your whole argument is based on falsehood.
When you start with a lie no matter how many facts you surround it with it is still a lie.


What is the fact that I don't have to have a taxi meter got to do with it?

Reply: A taxi is a controlled fare vehicle a PH is not.

And how do you know that I don't need one to operate on the firm I work with?

Reply: Working for a firm has nothing whatever to do with the regulations, its your personal choice.


And where in any of the acts does it say that you must have a taxi meter?


Reply: By definition a taxi is a controlled fare vehicle. It must adhere to the tariff set by the licensing authority. If it does not have a working meter fitted the driver must obtain a exception certificate to use the vehicle as a taxi. A PH is free to set his own rates and fees.
PRIVATE hire, a private arrangement between customer and supplier.
PUBLIC hire, a controlled fare vehicle, fares charged according to a published tariff.
Basic stuff but totally unpalatable to "sussex".


By definition a Taxi is a vehicle that is licensed to ply for public hire within a prescribed distance. The Taxi laws and conditions are applied as of statute and by local bye laws. The Taxi meter is just a condition that is attached to any vehicle in modern times that is licensed as a hackney carriage. Unless a local council has legislation that supercedes the 1847 Town police clauses act, then that act will be the legislation which a council can call upon should it wish to control fares.

I don't know of a council that doesn’t control fares or indeed runs a system where their Hackney carriages run around town without a Taxi meter.

So the definition that a taxi is a controlled fare vehicle is quite obvious but it is only a controlled fare vehicle when plying for hire within its own licensed area. There is no definition in the town police clauses act that specifically says a Taxi is a controlled fare vehicle. The very existence of the act makes a Hackney a controlled vehicle. Your observation that a Hackney is a controlled vehicle is elementary.

As for fares, the act states a licensing Authority MAY set fares within their prescribed licensed area. They legally have no control to set fares that end outside their own licensed area, so for that instance fares are not controlled.

At all times a Taxi is controlled but at some times the fares are not controlled. So therefore to say that a Taxi is a controlled fare vehicle only applies under certain conditions. It may be more fitting to say that a Taxi is a controlled fare vehicle within its own area and it becomes an uncontrolled fare vehicle when taking passengers outside the prescribed distance.

Best wishes

John Davies


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 Post subject:
PostPosted: Tue Jun 15, 2004 7:18 am 
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Anonymous wrote:
By not condoning their actions and dismissing them with a comment along the lines of "why shouldn't they ....... everyone else does" it is fair to assume that you agreed with their actions.


Sorry but which bit of the sentence But I will just say that it's the system that's s***, and in a s*** system you get s*** people doing s*** things. condones what happened in B&H?

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 Post subject:
PostPosted: Tue Jun 15, 2004 7:21 am 
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Anonymous wrote:
model bye laws


Lots of ifs, coulds, mays and shoulds in there, and no wills, musts and shalls.

Big difference to those with the wigs. :wink:

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 Post subject:
PostPosted: Tue Jun 15, 2004 7:23 am 
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John Davies wrote:
I don't know of a council that doesn’t control fares or indeed runs a system where their Hackney carriages run around town without a Taxi meter.


Wealden in good old East Sussex, and a couple of yolkel ones in Norfolk. I think.

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 Post subject:
PostPosted: Tue Jun 15, 2004 12:55 pm 
Sussex wrote:
Anonymous wrote:
model bye laws


Lots of ifs, coulds, mays and shoulds in there, and no wills, musts and shalls.

Big difference to those with the wigs. :wink:



the wills musts and shalls are the preserve of local authorities who enter them prior to approval by sec of state.

are you entering a mid life crisis or just taking Mick out on the rest of us?


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 Post subject:
PostPosted: Tue Jun 15, 2004 3:35 pm 
Sussex wrote:
John Davies wrote:
I don't know of a council that doesn’t control fares or indeed runs a system where their Hackney carriages run around town without a Taxi meter.


Wealden in good old East Sussex, and a couple of yolkel ones in Norfolk. I think.


I must admit I wasn't aware that there are some councils who don't regulate their own fares.

It seems wealden has no problem with it. I suppose it lays to rest the idea that a Taxi is a regulated fare vehicle throughout the Uk, when obviously the opposite is the case in wealdon.

Best wishes.

JD


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 Post subject:
PostPosted: Wed Jun 16, 2004 1:25 am 
id like to nominate this 203020 driver
http://www.thecourier.co.uk/output/2004 ... 6278t0.asp


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 Post subject:
PostPosted: Wed Jun 16, 2004 2:57 am 
scot wrote:
id like to nominate this 203020 driver
http://www.thecourier.co.uk/output/2004 ... 6278t0.asp


yep hes a worthy nomination, lost his license yet?


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 Post subject:
PostPosted: Wed Jun 16, 2004 7:29 am 
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I suppose we will now have a do goooder saying that it was the punters fault, and we are being so harsh on the driver. :( :( :( :( :(

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PostPosted: Wed Jun 16, 2004 7:12 pm 
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Anonymous wrote:
Why not look at who the Councils are issuing plate to, how do they qualify ?


Well this chap qualifies by being the first name out of the hat http://www.thurrock.gov.uk/news/content ... ory&ID=670. :shock:

What a way to run a trade. :( :( :( :( :(

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 Post subject:
PostPosted: Wed Jun 16, 2004 7:48 pm 
Sussex wrote:
Anonymous wrote:
Why not look at who the Councils are issuing plate to, how do they qualify ?


Well this chap qualifies by being the first name out of the hat http://www.thurrock.gov.uk/news/content ... ory&ID=670. :shock:

What a way to run a trade. :( :( :( :( :(
nO SUSSEX that s not fair its the councl out of rder not the drvr

knck it off


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 Post subject:
PostPosted: Thu Jun 17, 2004 7:00 pm 
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I wasn't having a pop at the driver, just the stupid system being enforced by a stupid council.

And then going to press and making a song and dance about it. :shock:

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 Post subject:
PostPosted: Thu Jun 17, 2004 7:22 pm 
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Anonymous wrote:
the wills musts and shalls are the preserve of local authorities who enter them prior to approval by sec of state.


I thought wills, musts and shalls came under the 'fettering your discretion'. :wink:

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 Post subject:
PostPosted: Fri Jun 18, 2004 3:11 pm 
Sussex wrote:
I wasn't having a pop at the driver, just the stupid system being enforced by a stupid council.


And then going to press and making a song and dance about it. :shock:


I don't know what the criteria should be for issuing plates but I do know that some on here have expressed strong opinions on what criteria should be used.

To show you how opinions vary, I would like to let you know how the recently formed Taxi Trades Group, views the criteria for issuing licences.

The Taxi trades group was formed a few months ago by the Liverpool and Manchester Taxi associations. I understand several other associations such as Leeds, Birmingham, Bradford etc have also have joined. It is a growing organisation which I understand has about 14 committee members.

A few weeks ago I mentioned that the Manchester Secretary of the TODA was of the opinion that the best way to issue Taxi plates was by ballot.

At the time, I said it was the Chairman but I really meant the Secretary. However, it seems that the view of the secretary may have filtered down to the rest of the TODA committee because the National taxi trades group Which the Manchester TODA is a senior member, has come up with the suggestion that A Ballot is the best way to issue plates.

They have even produced a blueprint "for what they perceive" as being the best way forward for the Taxi Trade. This Blueprint I assume was drawn up and sanctioned by all those involved in the NTTG, so I therefore have to assume that the Manchester TODA agrees with its content.

The assistant Treasurer of the NTTG is our very own and well respected Secretary of the Manchester TODA. The NTTG secretary is a well known member of The Manchester TODA committee. The NTTG Liaison officer is another well respected Manchester GMBU Member.

As you can see Manchester is well connected in the NTTG. So where did the idea of a Ballot system originate?

Having read the whole blue print I must admit that it is disappointing. It is lacking in substance and direction, it raises points but like most protectionist blue prints it doesn’t provide answers.

Here's what it says about Ballots which can be found under Driver Ratios.

Driver Ratios:

Quantity controls, when used properly, assist the taxi trade in providing a cost effective 24/7 service for the members of the travelling public.

It is clearly demonstrated within Jacobs Consultancy's "Evaluation of Taxi service policy" that the issuing of new licenses, if not controlled, can significantly disturb the equilibrium between the number of vehicles and drivers, to the serious detriment of the night time service. This driver ratio element needs to be evaluated in any taxi audit.

The NTTG believes that drawing Ballots for any new Taxi Licences, after Local Authorities have determined their policy for the criteria of eligibility for a new licence, would be beneficial giving an equal opportunity to all parties.

There are several Benefits for Local Authorities if this method is used:

(A) The need to maintain and prioritise a waiting list would no longer be necessary.

(B) A Local Authority's justification, under proposed DFT guidelines, for maintaining quantity restrictions, would only be challenged where significant unmet demand was apparent. The incentive for any individual to take legal action for personal gain, thereby incurring significant legal costs for the relevant local Authority would be removed.

(C) As all applicants would have been treated equally, no individual would feel justly aggrieved, if as an eligible applicant he or she had been unsuccessful in obtaining any new licence issued.

End of Quote.

http://www.taxitalk.co.uk/pages/issue125/nttg.htm

You may be able to get the Blueprint from the link below but if you can't, I'm sure TDO will get one soon and perhaps give it their expert critique.

http://handsoftaxis.moonfruit.com/

Best wishes

JD


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