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PostPosted: Tue Apr 26, 2011 9:24 am 
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Location: Cardiff, Wales, UK
Sussex wrote:
Sussex wrote:
On reflection they will need a local ops license if they forward on to PH ops, vehicles and drivers.

As the app will be meeting the definition laid down in the 1976 act i.e. 'in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle'.

On further reflection I think it would be legal if the app is advertising a taxi/PH booking firm, and the link goes straight to the local taxi/PH firms website.


^^ I think this is the right answer ^^

Once the app goes beyond simply giving a phone number or website and starts routing customers directly to an iphone app in a drivers car then an operators license is needed.

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PostPosted: Tue Apr 26, 2011 7:20 pm 
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Nemisis wrote:
If the driver is HC there would be no such requirement.


now thats interesting.... so a HC might be ok to use such a system?

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PostPosted: Tue Apr 26, 2011 9:17 pm 
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taxiroute wrote:
now thats interesting.... so a HC might be ok to use such a system?

Basic taxi law fella.

Not knowing that indicates to me you don't have a f***ing clue what you are doing.

Methinks you are not going to make a bean out of this trade.

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PostPosted: Tue Apr 26, 2011 9:33 pm 
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Sussex wrote:
taxiroute wrote:
now thats interesting.... so a HC might be ok to use such a system?

Basic taxi law fella.

Not knowing that indicates to me you don't have a f***ing clue what you are doing.

Methinks you are not going to make a bean out of this trade.


are you saying i was wrong to say you were right about the operators license? - then neither of us have a "f***ing clue" as you put it.

thanks

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PostPosted: Tue Apr 26, 2011 10:13 pm 
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taxiroute wrote:
are you saying i was wrong to say you were right about the operators license? - then neither of us have a "f***ing clue" as you put it.

thanks

It appears you don't know the difference between vehicles licensed under the 1847 act, and vehicles licensed under the 1976 act.

You was right to say I was right, but I'm saying you need to get proper legal advice as you don't even understand the very basics of taxi/PH operating procedure.

That's your problem not mine.

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PostPosted: Wed Apr 27, 2011 4:17 am 
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taxiroute wrote:
Nemisis wrote:
If the driver is HC there would be no such requirement.


now thats interesting.... so a HC might be ok to use such a system?


Like Mr Sussex I too am having a moments reflection of this.

HC can pick up immediate hire from the street or Taxi rank. PH cannot.

I am fairly certain that a circuit containing HC only does not need any operators licence.

But then the shades of confusing grey creep in, we have a HC doing what is essentially a PH contract that has been referred to him over the radio by another HC or has been received as a re routed telephone call or perhaps a call direct to him by the punter. part of me says this may need a licensed operator administering the PH contract but another thought is that the practice is fairly accepted and wide spread (Zingo?) that it must be OK.

This grey area extends further when it is not allowed for HC to charge more than is shown on the meter and the punter has been quoted an over the meter price by 3rd party HC or operator. Can the HC say I am PH for the duration of this contract and can charge what I like so long as its agreed with the punter. And if its a PH contract is done by a HC then are the services of a licensed operator required?

A lot of our problems stem from attached local condition's seeming downright illegal sometimes but only questionable if enforcement is executed by LO and driver appeals successfully to Magistrates. This is one reason Lawyers love the Taxi trade.

I would be interested of other opinion to this. :?:


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PostPosted: Wed Apr 27, 2011 7:40 pm 
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A taxi is always a taxi, never a PH, no-matter where the job comes from.

A taxi is always a taxi, and can only charge up to (within the district) the council set tariff, no-matter where the job comes from.

A taxi is always a taxi, and never needs an operator's license, no-matter where the job comes from.

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PostPosted: Wed Apr 27, 2011 8:51 pm 
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Sussex wrote:
A taxi is always a taxi, never a PH, no-matter where the job comes from.

A taxi is always a taxi, and can only charge up to (within the district) the council set tariff, no-matter where the job comes from.

A taxi is always a taxi, and never needs an operator's license, no-matter where the job comes from.


And just to complicate things, the law in Scotland isn't the same.

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PostPosted: Thu Apr 28, 2011 2:19 am 
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Sussex wrote:
A taxi is always a taxi, never a PH, no-matter where the job comes from.

A taxi is always a taxi, and can only charge up to (within the district) the council set tariff, no-matter where the job comes from.

A taxi is always a taxi, and never needs an operator's license, no-matter where the job comes from.
Unless it's a bin.. :wink:

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PostPosted: Thu Apr 28, 2011 3:59 am 
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gusmac wrote:

And just to complicate things, the law in Scotland isn't the same.


How does it flow in Scotland?


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PostPosted: Thu Apr 28, 2011 4:04 am 
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meltingsmoke wrote:
Nemisis wrote:
So does this then mean all voice recordings of bookings made to PH must be kept for the same period as their paper counterparts?

A right can of worms this one !


Make’s no difference. Booking Records are mostly are on booking software nowadays.
On the Opts Licence in my area, the conditions are.
How the booking was made, txt, phone, Email, personal
Also date and time when the booking was made


Is there no requirement for names and addresses? If for example street corner to club?


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 Post subject:
PostPosted: Thu Apr 28, 2011 6:57 am 
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You need an operators licence for where ever the call was received, Kingston upon Hull v Wilson is on here somewhere.


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PostPosted: Thu Apr 28, 2011 7:21 am 
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The authority on this matter is Brentwood - v- Gladen.

http://www.bailii.org/ew/cases/EWHC/Adm ... /2500.html

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PostPosted: Thu Apr 28, 2011 10:11 am 
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Nemisis wrote:
gusmac wrote:

And just to complicate things, the law in Scotland isn't the same.


How does it flow in Scotland?


Without going into it too much, both taxis and PH can take the calls themselves. Whether it's legal comes down to where they are and what they are doing when they take them.

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PostPosted: Thu Apr 28, 2011 12:49 pm 
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Random thought. The enquiry/booking from Taxiroute is sent to the PH drivers home PC which could be demonstrated as being within the LO and covered by ops lic. It is then immediately forwarded by software to the drivers smart phone by email/sms text.


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