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PostPosted: Sun May 16, 2010 8:07 am 
Sussex wrote:
wannabeeahack wrote:
what if ALL the cars carried a 0800 number (into bolsover)?

and if email bookings went to BOTH offices, which would be illegally covering a mansfield job?

It's where the call is answered that counts. :wink:


The call is answered in Mansfield Sussex. I know the company they are on about, they've been doing it for years. The Council have been turning a blind eye to this for years. Why they've suddenly started to get interested is beyond me.

Even the owner of the company is driving a Ashfield plated vehicle working from a Mansfield office.


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PostPosted: Sun May 16, 2010 9:07 am 
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Nigel wrote:
Even the owner of the company is driving a Ashfield plated vehicle working from a Mansfield office.

If the Ashfield plated owner does not have an Ashfield Operator Licence, then it is illegal.

But if he also holds an Ashfield Operator Licence then all he is doing is passing the booking from one operator to another & the second operator is then sending a PHV licensed by the same LA that his Operator Licence is issued by & there's now't wrong with that.

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 Post subject: Re: Is this right?
PostPosted: Sun May 16, 2010 9:41 am 
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grandad wrote:
Let me clear this one up. The company have an operators license in both Mansfield and Bolsover. The company has one vehicle and one driver licensed in Mansfield. The rest are from Bolsover. The calls to the Mansfield office are being covered by the Bolsover cars.

They can only be LEGALLY covered by the Bolsover PH cars IF the booking is passed onto the Bolsover Operator & then the Bolsover Operator covers the booking with a Bolsover PH car.

If the Mansfield operator is passing bookings obtained by them directly to the Bolsover PHVs then that's illegal.

It's obvious what the Mansfield Operator is doing, but he is NOT contravening the legislation.

Very difficult to license PHVs in Mansfield, so there's a dearth of Mansfield PHVs. In Bolsover you can license a 'Chitty-Chitty-Bang-Bang!!

So the Mansfield PH Operator licenses one PHV in Mansfield, thereby 'fulfilling' his Mansfield PH Operator Licence conditions. Then he obtians a Bolsover PH Operator Licence, puts as may Bolsover PHVs on as he likes because they are plentiful, & then passes work coming into the Mansfield Operator Licensed Office onto the Bolsover Operator Licensed Office for that second office to cover with Bolsover cars.

Nothing illegal about that!

But now lets have a look at WHY he is doing that!!

Clearly there are draconian licensing measures in Mansfield, whereas in Bolsover the licensing conditions are less onerous & licensed cars / taxis can 'DO BUSINESS'. The original Mansfield operator licensed office (I'm guessing) probably could not cover anywhere near the amount of work that was coming in & were unable to expand because they could not get Mansfield licensed PHVs in anywhere near the numbers that were needed due to the draconian licensing measures adopted by Mansfield LA which in turn caused a shortage of Mansfield PHVs.

So what's the Mansfield operator supposed to do; lay down & die?

No he /she is a business man / woman, they want to expand - make money - more money.

So he / she / they have looked at the law found a 'loop-hole' if that's what you can call it & are now expanding, making money, making more money, but most importantly of all SERVICING THE PUBLIC!!

And in all this the big looser is Mansfield LA, on two counts. Firstly, the obvious financial loss to the LA in licensing fees & secondly because they can't enforce another LAs licensing conditions.

But you can't blame the original Mansfield operator for expanding his business & I would guess that he would prefer to have an abundance of Mansfield PHVs on his Mansfield fleet instead of the system he is being 'forced' to adopt to have a viable business that serves the passenger paying public.

And this is just another reason why we should be striving towards national & not regional licensing.

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 Post subject:
PostPosted: Sun May 16, 2010 9:41 am 
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Brummie Cabbie wrote:
Nigel wrote:
Even the owner of the company is driving a Ashfield plated vehicle working from a Mansfield office.

If the Ashfield plated owner does not have an Ashfield Operator Licence, then it is illegal.

But if he also holds an Ashfield Operator Licence then all he is doing is passing the booking from one operator to another & the second operator is then sending a PHV licensed by the same LA that his Operator Licence is issued by & there's now't wrong with that.


only if bolsover hold HC licences, a PH op cant pass to an out of area PH op but a hack op can


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PostPosted: Sun May 16, 2010 10:34 am 
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wannabeeahack wrote:
only if bolsover hold HC licences, a PH op cant pass to an out of area PH op but a hack op can

Where's that one come from: your LO's interpretation of the law?

Section 56, paragraphs (1) & (2), of The LG(MP) Act 1976 state;

56 Operators of private hire vehicles

(1) For the purposes of this Part of this Act every contract for the hire of a private hire vehicle licensed under this Part of this Act shall be deemed to be made with the operator who accepted the booking for that vehicle whether or not he himself provided the vehicle.

(2) Every person to whom a licence in force under section 55 of this Act has been granted by a district council shall keep a record in such form as the council may, by condition attached to the grant of the licence, prescribe and shall enter therein, before the commencement of each journey, such particulars of every booking of a private hire vehicle invited or accepted by him, whether by accepting the same from the hirer or by undertaking it at the request of another operator, as the district council may by condition prescribe and shall produce such record on request to any authorised officer of the council or to any constable for inspection.

Where in all of that, & particularly the red highlighted bits, does it prohibit a Licensed PH Operator in one LA passing on a booking to a Licensed PH Operator in another LA?

In fact the Act appears to endorse the practice.

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 Post subject:
PostPosted: Sun May 16, 2010 11:49 am 
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Define "pass"

1. Pass the customer to book the out of area PH or..

2. The PH make the booking with (sub contract) the job to an out of area PH operator


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PostPosted: Sun May 16, 2010 12:42 pm 
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wannabeeahack wrote:
Define "pass"

1. Pass the customer to book the out of area PH or..

2. The PH make the booking with (sub contract) the job to an out of area PH operator

Where's that come from?

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 Post subject:
PostPosted: Sun May 16, 2010 1:01 pm 
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what i mean is, a PH in 1 area can book a PH in another area to do a job? rather than just give the punter the other PH's number, as then the details would be in THAT ph's log sheet with details thereby complying with HIS own areas LA rules, if it was a sub-contracted job the details would be held at the originating PH


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PostPosted: Sun May 16, 2010 1:23 pm 
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wannabeeahack wrote:
what i mean is, a PH in 1 area can book a PH in another area to do a job? rather than just give the punter the other PH's number, as then the details would be in THAT ph's log sheet with details thereby complying with HIS own areas LA rules, if it was a sub-contracted job the details would be held at the originating PH

Agreed, but only if the operator in area one passes the job to an operator in area two & not directly to a PH driver in area two.

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 Post subject:
PostPosted: Sun May 16, 2010 1:27 pm 
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Brummie Cabbie wrote:
wannabeeahack wrote:
what i mean is, a PH in 1 area can book a PH in another area to do a job? rather than just give the punter the other PH's number, as then the details would be in THAT ph's log sheet with details thereby complying with HIS own areas LA rules, if it was a sub-contracted job the details would be held at the originating PH

Agreed, but only if the operator in area one passes the job to an operator in area two & not directly to a PH driver in area two.


ahh, i see the confusion

im both

so i can take the job regardless as i dont operate thru a base, i take jobs off an outfit based god knows where, id have to ensure they had a PH ops licence then...


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PostPosted: Sun May 16, 2010 2:48 pm 
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wannabeeahack wrote:
so where does an email stand then?

The address it is opened at.

And if it was a website generated booking it would be the registration address of the website.

In my unprofessional opinion. :wink:

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PostPosted: Sun May 16, 2010 2:50 pm 
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wannabeeahack wrote:
i guess the "laws" are all "pre-technology" (as we know it), and the "new fangled telephonic device" was the latest thing

That is indeed the problem.

wannabeeahack wrote:
if my landline diverts to my mobile and im 300 miles from home/base how do i comply?

In my view it would be based on the final exchange the call went through.

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 Post subject:
PostPosted: Sun May 16, 2010 2:51 pm 
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Brummie Cabbie wrote:
But if he also holds an Ashfield Operator Licence then all he is doing is passing the booking from one operator to another & the second operator is then sending a PHV licensed by the same LA that his Operator Licence is issued by & there's now't wrong with that.

An operator can only pass on work to another operator licensed in the same district.

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 Post subject: Re: Is this right?
PostPosted: Sun May 16, 2010 3:00 pm 
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Brummie Cabbie wrote:
So the Mansfield PH Operator licenses one PHV in Mansfield, thereby 'fulfilling' his Mansfield PH Operator Licence conditions. Then he obtians a Bolsover PH Operator Licence, puts as may Bolsover PHVs on as he likes because they are plentiful, & then passes work coming into the Mansfield Operator Licensed Office onto the Bolsover Operator Licensed Office for that second office to cover with Bolsover cars.

Nothing illegal about that!

Think MR JUSTICE MACKAY differs.

http://www.bailii.org/ew/cases/EWHC/Adm ... /1900.html

Also what provisions allow a council to license an operator not based in their own licensing district?

That's a question I would pose, if asked, to the Bolsover LOs.

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 Post subject: Re: Is this right?
PostPosted: Sun May 16, 2010 4:57 pm 
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Quote:
Also what provisions allow a council to license an operator not based in their own licensing district?

That's a question I would pose, if asked, to the Bolsover LOs.


Depends on the wording.

Will give, ( not may ) if fit and proper, to have a opt licence,

Strange how it’s so different across the UK.
You got to admit its so mess up now


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