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PostPosted: Sun Nov 22, 2009 1:01 pm 
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Location: A Villa in Aston NO MORE!
captain cab wrote:
GBC wrote:
14 years sounds reasonable, 10 is a tad too short for 'out there'.

I would imagine that would create financial problems for some drivers, that said you may well have the choice of cheaper vehicles?

I only asked because generally speaking Mr Fleming is a mine of information, but is prone to selective memory on occasions when it comes to 'county' issues.

Bless him. :wink:

So what about this age court case he mentioned?

CC

I would suspect that if a council has impossed a strict age limit, WITHOUT a discretionary Exceptional Condition Criteria policy in place to allow older vehicles to continue, provided they attain ECC, then a court could deem that unreasonable.

The DfT BPG almost says that, so an appealant, IMO, would have reasonable grounds to challenge such a policy.

This is why Brum have introduced an ECC for testing vehicles beyond these age limits.

Conversely, there are vehicles, even now in Brum, that are less than the age limit proposed from 1st April 2010 that are knackers & should either be totally revamped / refurbished or scrapped.

The best way be far is London's way or doing it; no age limit, but extremely high standards at time of inspection & throughout the licence period of the vehicle.

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PostPosted: Sun Nov 22, 2009 1:19 pm 
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Brummie Cabbie wrote:
I would suspect that if a council has impossed a strict age limit, WITHOUT a discretionary Exceptional Condition Criteria policy in place to allow older vehicles to continue, provided they attain ECC, then a court could deem that unreasonable.

The DfT BPG almost says that, so an appealant, IMO, would have reasonable grounds to challenge such a policy.

This is why Brum have introduced an ECC for testing vehicles beyond these age limits.

Conversely, there are vehicles, even now in Brum, that are less than the age limit proposed from 1st April 2010 that are knackers & should either be totally revamped / refurbished or scrapped.

The best way be far is London's way or doing it; no age limit, but extremely high standards at time of inspection & throughout the licence period of the vehicle.


It isnt a London case then and Mr Fleming was 'pulling the wool'.

The case was regarding conditions and a nice word called 'fetter', from memory it was http://taxi-driver.co.uk/phpBB2/viewtopic.php?t=5356&highlight=fetter.

CC

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PostPosted: Sun Nov 22, 2009 1:26 pm 
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But if we want proof of Mr Fleming talking out of his backside there's;

http://www.bailii.org/ew/cases/EWHC/Admin/1996/290.html

Now this bloke Ron Pearson......did he have anything to do with Birmingham deregulating a few years back.......or is that completely incorrect and was it someone else?

CC

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PostPosted: Sun Nov 22, 2009 7:04 pm 
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I'm getting vibes that you think Alans winging it? :wink:


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PostPosted: Sun Nov 22, 2009 7:09 pm 
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GBC wrote:
I'm getting vibes that you think Alans winging it? :wink:

TBH it quite miffs me when folks tell it as it isn't, wasn't, and never could be. :sad:

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PostPosted: Sun Nov 22, 2009 10:42 pm 
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GBC wrote:
I'm getting vibes that you think Alans winging it? :wink:


You mean bullsh*tting?

Yes.....I think he's talking out of his backside......there's been numerous court cases regarding age limits over the years.......and I have never....ever seen any reference by any Judge, Barrister or Solicitor to the case he refers to.

As I said initially......if he can produce one.....I'll take my hat off.

CC

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PostPosted: Mon Nov 23, 2009 12:55 am 
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Well it suprise me he had gone up there, London HC law is quite different to the rest of the UK.

He's running some form of 'legal help' service now, I'd have thought retirement would have been in order.

He did say once 'I'll never die, just fade away'

Bless him. :wink:


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