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PostPosted: Fri Oct 16, 2009 10:42 pm 
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captain cab wrote:
Brummie Cabbie wrote:
I am of the opinion that they should both be byelaws.

Talking about Button ..... there's a solicitor down in Wales somewhere, that used to be a cabbie until he qualified as a lawyer. He won quite a few cases for individuals, including one against a council that tried to imposed conditions of licence on Hackneys. The judge confirmed that byelaws should govern Hackneys.

He had a website called 'Tapin2taxis' or something like that, but it's no longer online.

Now he was good! Hadn't been a solicitor that long, but with his cabbie experience, coupled with his knowledge of LO garbage, he knew both sides of the argument.

Thats still online......Keith Jeffery's wasnt it?

CC

That's the man & yes he is still online ..... must have been my computer.

http://www.tapin2taxis.co.uk/court-cases.asp

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PostPosted: Fri Oct 16, 2009 10:47 pm 
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He did a lot of work with BR....some of which I dont agree with....but I suppose he didnt either.....either way he seems to have a good track record.

CC

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PostPosted: Fri Oct 16, 2009 11:26 pm 
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captain cab wrote:
He did a lot of work with BR....some of which I dont agree with....but I suppose he didnt either.....either way he seems to have a good track record.

CC
:lol: :lol: :lol: very good captain was that intentional?


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PostPosted: Sat Oct 17, 2009 9:24 am 
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:lol:

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PostPosted: Sat Oct 17, 2009 5:41 pm 
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The report to councillors confirming these restrictions is below;

Reading report to councillors: Questionable conditions.

And the minutes;

Minutes of meeting.

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PostPosted: Sat Oct 17, 2009 8:55 pm 
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Sussex wrote:
The report to councillors confirming these restrictions is below;

Reading report to councillors: Questionable conditions.

And the minutes;

Minutes of meeting.

Where do they get their legal advise from?

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PostPosted: Sat Oct 17, 2009 9:16 pm 
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Brummie Cabbie wrote:
Where do they get their legal advise from?

All the lawyer did, in the report, was repeat section 16 of the 1985 act.

And driver's conditions/by-laws have f*** all to do with that act. :sad:

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PostPosted: Sat Oct 17, 2009 9:18 pm 
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Sussex wrote:
Brummie Cabbie wrote:
Where do they get their legal advise from?

All the lawyer did, in the report, was repeat section 16 of the 1985 act.

And driver's conditions/by-laws have f*** all to do with that act. :sad:

I'm more interested in the non-transferability of Hackney licences & what the 1847 act says, compared to what the council have decreed.

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PostPosted: Sat Oct 17, 2009 9:25 pm 
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Brummie Cabbie wrote:
I'm more interested in the non-transferability of Hackney licences & what the 1847 act says, compared to what the council have decreed.

I agree, along with the fact that only unmet SUD can be used as a reason to refuse a vehicle license. Unless that stupid council is saying only full time drivers are deemed 'fit and proper', and if you have a plate already your not 'fit and proper' no more. ](*,)

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PostPosted: Sat Oct 17, 2009 9:32 pm 
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Sussex wrote:
Brummie Cabbie wrote:
I'm more interested in the non-transferability of Hackney licences & what the 1847 act says, compared to what the council have decreed.

I agree, along with the fact that only unmet SUD can be used as a reason to refuse a vehicle license. Unless that stupid council is saying only full time drivers are deemed 'fit and proper', and if you have a plate already your not 'fit and proper' no more. ](*,)

I agree with all that, but there are loads of issues with this report to the licensing committee or whatever they call themselves.

At least in Brum there is a solicitor from the council's city solicitor office present at EVERY licensing committee meeting.

And I'll give our licensing committee their due, they are not afraid to ask his / her advice, even in open public session.

This does not appear to have happened here & if it has then I don't know which planet the solicitor is on!!

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PostPosted: Sat Oct 17, 2009 9:33 pm 
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It's mentioned in the other thread on this brummie.

The 76 at gives the law on transfers there are two cases of interest weymouth v teletax and York v warrenor

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PostPosted: Sat Oct 17, 2009 9:35 pm 
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If a plate is worthless then maybe an owner is less likely to fight for their rights therefore allowing LA's to dictate more with less fuss.


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PostPosted: Sat Oct 17, 2009 9:39 pm 
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captain cab wrote:
It's mentioned in the other thread on this brummie.

The 76 at gives the law on transfers there are two cases of interest weymouth v teletax and York v warrenor

In brief it's ..... ?

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PostPosted: Sat Oct 17, 2009 9:48 pm 
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dagger wrote:
If a plate is worthless then maybe an owner is less likely to fight for their rights therefore allowing LA's to dictate more with less fuss.

In my view it's when there is a large plate value that drivers tend to bend over and take it up the rear when dealing with councils, or their officials. [-(

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PostPosted: Sat Oct 17, 2009 9:57 pm 
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Well Gubber me!!!

I don't know whether I have read it correctly, but I think I have ..... & guess what??

It seems that a council can restrict driver's working hours already;

Section 68 of The Town Police Clauses 1847 states;

68 Byelaws for regulating hackney carriages

The commissioners may from time to time (subject to the restrictions of this and the special Act) make byelaws for all or any of the purposes following; (that is to say,)

For regulating the conduct of the proprietors and drivers of hackney carriages plying within the prescribed distance in their several employments, and determining whether such drivers shall wear any and what badges, and for regulating the hours within which they may exercise their calling:

For regulating the manner in which the number of each carriage, corresponding with the number of its licence, shall be displayed:

For regulating the number of persons to be carried by such hackney carriages, and in what manner such number is to be shown on such carriage, and what number of horses or other animals is to draw the same, and the placing of check strings to the carriages, and the holding of the same by the driver, and how such hackney carriages are to be furnished or provided:

For fixing the stands of such hackney carriages, and the distance to which they may be compelled to take passengers, not exceeding the prescribed distance:

For fixing the rates or fares, as well for time as distance, to be paid for such hackney carriages within the prescribed distance, and for securing the due publication of such fares;

For securing the safe custody and re-delivery of any property accidentally left in hackney carriages, and fixing the charges to be made in respect thereof.

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