Plate renewals/transfers.

cabbyman · **Posted:** Tue Dec 14, 2010 6:57 pm

It's all happening here at the moment.

Another one for the combined wisdom of TDO:

LA newsletter: 'Vehicle Transfers. Please remember that we will not be transferring vehicles during March and April except in exceptional circumstances. Transfers are currently half the price, so if you think your vehicle may not get through the inspections or want to transfer in the near furture now is the time to do it'

We renew annually in by 30th April each year. LA say this period is too busy to transfer plates as well.

They refuse to consider individual 'staggered' renewals, ie on the anniversary of first plating. On what grounds, I know not.

Comments???? Legality????

captain cab · **Posted:** Tue Dec 14, 2010 7:29 pm

cabbyman wrote:

half the price

Sounds made uppy.

cabbyman wrote:

not be transferring vehicles during March and April

Sounds contrary to caselaw.

CC

cabbyman · **Posted:** Tue Dec 14, 2010 7:30 pm

Which case(s)?

captain cab · **Posted:** Tue Dec 14, 2010 7:32 pm

cabbyman wrote:

Which case(s)?

Weymouth vs. Teletax I think.

CC

captain cab · **Posted:** Tue Dec 14, 2010 7:36 pm

http://taxi-driver.co.uk/phpBB2/viewtopic.php?t=2376&highlight=teletax

CC

captain cab · **Posted:** Tue Dec 14, 2010 7:39 pm

ATKINSON J. I agree. There is one consideration, however, which I think assists the applicants here, and that is the position of the proprietor who has sold his hackney carriage. He must be entitled to have his name removed from the register, and, I imagine, from the licence which has been granted. If he gave notice to the commissioners, similar to the notice required by s 44, I should have thought that, if they refused to remove his name from the register, he could come here for mandamus to make them do so. That seems to indicate that they must be bound to take notice of changes of ownership and to keep their register accurate in accordance with the true position, and, if the old proprietor has a right to have his name removed, I should have thought it was equally clear that the new proprietor has a right to have his name inserted in place of that of the old proprietor.

cabbyman · **Posted:** Tue Dec 14, 2010 7:40 pm

Thanks CC.

However, (Here I go!!) that case, and the case referenced in JD's preamble, appear to relate to the transfer of a licence from one individual to another.

The situation I asking about here is one owner changing his vehicle for another. The council will delicence the old vehicle and licence the new vehicle following fitness and meter checks.

They are refusing to allow a change of vehicle at certain times of year as explained above.

captain cab · **Posted:** Tue Dec 14, 2010 7:43 pm

Local Government (Miscellaneous Provisions) Act 1976 (c.57)

49.

Transfer of hackney carriages and private hire vehicles.—

(1) If the proprietor of a hackney carriage or of a private hire vehicle in respect of which a vehicle licence has been granted by a district council transfers his interest in the hackney carriage or private hire vehicle to a person other than the proprietor whose name is specified in the licence, he shall within fourteen days after such transfer give notice in writing thereof to the district council specifying the name and address of the person to whom the hackney carriage or private hire vehicle has been transferred.

(2) If a proprietor without reasonable excuse fails to give notice to a district council as provided by subsection (1) of this section he shall be guilty of an offence.

captain cab · **Posted:** Tue Dec 14, 2010 7:48 pm

cabbyman wrote:

They are refusing to allow a change of vehicle at certain times of year as explained above.

I dont see the difference.

The process of changing a vehicle is virtually the same as transferring a license.

Yes a new vehicle might need tested, but unless your licensing officer is moonlighting in the council depot and physically testing the vehicle, he is in my view being lazy.

CC

cabbyman · **Posted:** Tue Dec 14, 2010 7:57 pm

LO rides the 'measured mile' and carries out a visual inspection of the vehicle, regardless of MOT and engineers report, which we have done at a garage of our choice prior to the visit to the council.

I believe it is this operation which they are saying takes up too much of their time when they are trying to process renewal paperwork for the rest of the fleet.

One of the cases quoted above discussed, and concluded, that it is the vehicle that is licensed, not the man. In this respect, I would contend that introduces a definate distinction between the scenario I am asking about and the points you are addressing above.

I am not asking about changing the proptrietor's name on an existing licence; I am referring top changing the vehicle by the same proprietor.

Appreciate your continuing interest, CC.

captain cab · **Posted:** Tue Dec 14, 2010 8:01 pm

cabbyman wrote:

LO rides the 'measured mile' and carries out a visual inspection of the vehicle, regardless of MOT and engineers report, which we have done at a garage of our choice prior to the visit to the council.

I believe it is this operation which they are saying takes up too much of their time when they are trying to process renewal paperwork for the rest of the fleet.

One of the cases quoted above discussed, and concluded, that it is the vehicle that is licensed, not the man. In this respect, I would contend that introduces a definate distinction between the scenario I am asking about and the points you are addressing above.

I am not asking about changing the proptrietor's name on an existing licence; I am referring top changing the vehicle by the same proprietor.

Appreciate your continuing interest, CC.

How many licensed vehicles in your area and do PH have the same dates for renewals as HC's?

CC

cabbyman · **Posted:** Tue Dec 14, 2010 8:03 pm

There are about 150-200 HC, <50 PHV.

I don't know the renewal dates for PHV although I seem to recall it is also 30th April. I will endeavour to find out.

EDIT: The newsletter referred to in my opening post is 'Taxi and Private Hire News.' That implies that the comment is aimed at both sides of the trade.

captain cab · **Posted:** Tue Dec 14, 2010 8:07 pm

cabbyman wrote:

There are about 150-200 HC, <50 PHV.

I don't know the renewal terms for PHV. I will endeavour to find out.

Here we have different times of the year for different licenses.

PH renewals; 31 January

HC Vehicles 31 July

HC Drivers 31 August

All licenses can be renewed any time during the month and still last a year from the month end.

Our meters and bodywork are checked as part of our test.

It seems to me that you have some issues there that could easily be sorted by discussing it with your LA by your local association, I suggest you follow that route. Its for everyones benefit.

CC

cabbyman · **Posted:** Tue Dec 14, 2010 8:12 pm

Two issues there:

We're struggling to get the local association recognised due to lack of numbers and driver apathy.

It has been an issue for many years that has raised it's head again. The LA don't wish to discuss it. Hence my request for any legislation or case law in the matter.

captain cab · **Posted:** Tue Dec 14, 2010 8:15 pm

cabbyman wrote:

Two issues there:

We're struggling to get the local association recognised due to lack of numbers and driver apathy.

It has been an issue for many years that has raised it's head again. The LA don't wish to discuss it. Hence my request for any legislation or case law in the matter.

Send me the details and your requirements via email and I'll contact your LA myself if you wish.

CC

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