Taxi Driver Online

The 5 year age rule imosed by certain councils in Scotland has no logic on this planet.

If one has a lada motor car with 100,000 miles and it has been registered as a PHV prior to being 5 years old then if it passes the inspection it remains a PHV. If one had a rolls Royce with 5000 miles and was wanting to put it on the as PHV and it was over 5 years it would be refused a licence because of age even though it cost £69,000.

I do not have a Rolls Royce but use it as an example.

There also appears to be spin in relation to the 5 year rule in that some councils can put forward they have a 5 year rule imposed for safety, but is it not the inspection of the vehicle that counts not the licence issue.

This rule has implications under the Human Rights Act 1998

ARTICLE 1 OF THE FIRST PROTOCOL - PROTECTION OF PROPERTY

Definition of property or possessions

rights to run a business or economic interest connected to the running of a business

This part of the act can take in licence issues ARTICLE 1 OF THE FIRST. PROTOCOL

Can anyone tell me is there a union that one can join if one is a self employed taxi driver.

Pickup

the self employed Taxi Driver's union. Yeah right.

Jeezzuss, this has to be the only business in the whole world that expects there to be someone there to hold the hand of the so called business people.

Either you are in business or you are not, trade unions are for employee's pal, why do you expect to have the best of both worlds then eh?

In all businesses there are rules, if you can not abide by them then get out, simple as that.

If u do then u could go and work for a company, guess what there will rules there too.

God give me streagth.

In this day and age you must have protection and the a self employed union would offer that

No such thing exist's pal

if it does not exist make it happen

Witing for a reply from the transport and genera weorkers union if not them then someone else

F orget about the unions what about the 5 year rule?

dont know what the rules are in Scotland, but in England a local authority can set the conditions as they see fit, you are entitled to appeal as an aggreived person, so this probably shoots down the human rights argument.

I think you got to realise why the rule was brought in. Normally to stop people putting on clapped out vehicles on first license. The majority of new applicants are not going to put a 5 year old lada on with 100k on the clock.

As for the unions, they are far more concerned with collecting your money than defending the rights of workers.

The same people that call for freedom of access ask for no freedom of choice in vehicles. But if your a member of the union you should of course, if your HC, get on certain stations, at the expense of others who may choose not to be in the union.

The people you would give your money too (T&G), just spent a [edited by admin] of it kicking out PH (which is you I believe) from watford station.

The same people who claim to have the influence of labour MP's, yet whose single tier system has been ignored since labour came to power.

The same people that will defend quotas, at the expense of you wanting to purchase a brand spanking new taxi to put on the road. Why spend £35k when you can have the added bonus of spending another £40k for a plate too?

Now do you really want to join?, I'm sure someone will send you a copy of CTN complete with application form.

Regards

Captain cab

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

I agree that it may be difficult to get a 5 year old lada plated first time, but thats not what's at issue here.

If the lada is plated prior to its 5th date of registration it is allowed to remain a private hire unless it fails the vehicle test . The Rolls Royce can't even go for the test.

As regards the deterent of keeping old vehicles on the road then what about the lada? it's still on the road after 5 years.

The human rights issue is indeed covered under the Article 1 of the First Protocol for the simple reason if someone is allowed to get a licence (even a renewal) for a vehicle over 5 years and other person can not then there is human rights discrimination clearly here as it says one has a right to run a business and economic interests in relation to that business.

The issue of the licence allows one to operate as a PHV the vehicle examination is the important part.

Another daft part of the Act in Scotland which deals with the Licence issue is the Civic Goverment Scotland Act 1982.

It says that one needs to have a licence both for vehicle or driver with the excemption of a HEARSE. WEDDING CAR OR the HIRE IS NOT LESS THAN 24 HOURS.

So according to the act one can operate without a licence if one is doing above. So the 15 year old lada can run day in day out if working under the excemptions.

As regards the union issiue this is more for protection under legal issues that may arise when carrying out the employment as a taxi driver, it has nothing to do with politics.

Councils are able to under this Act in Scotland to place any condition they think fit into the issue of a licence, that principal is okay if it has some logic. They could if they wanted require all private hire to have red carpets in the motor.

As regards the age issue. I spoke to one driver who had a M registration car I asked him how long he had it on the rd he said 6 months first time taxi and the same vehicle was dropping a hire off in an area that puts vehicles off the rd after 10 years. and this driver was totally legal

So there is a human rights issue here. And by the way are we not in Europe I thought the EU allowed the free movement of goods and services throughout Europe, So does this also through a spanner into the works what a PHV can do and can't do?

"dont know what the rules are in Scotland, but in England a local authority can set the conditions as they see fit, you are entitled to appeal as an aggreived person, so this probably shoots down the human rights argument"

Yes El Capitano it's the same in Scotland, if you aint happy ask a sherrif to decide.

Frankly if it's not a purpose built Taxi 5 years may be to long.

If it's not a purpose built taxi 5 years may be to long.

What's the logic to this one its the vehicle examination that counts not its age.

What happens if one has a 1922 VINTAGE vehice using it it for theme hires. It would be rused a licence.A licence application should be allowed in all instances if the vehicle passes the the test it should be licensed. All private hire vehiceles without excemption should hbe licensed and that would take all those THEME HIRED VEHICLES.

The issue of licences should be central and the conditions imposed so have some uniformity.

I suspect the vehicle conditions have something along the line of 'ususally under 5 years, or normally under 5 years'.

I suggest you ask your council under what criteria they would modify their conditions. If they say none, then report them to the ombudsman, becuase they can't.

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IDFIMH

[quote="Sussex"][quote="pickup"]F orget about the unions what about the 5 year rule?[/quote]
I suspect the vehicle conditions have something along the line of 'ususally under 5 years, or normally under 5 years'.

I suggest you ask your council under what criteria they would modify their conditions. If they say none, then report them to the ombudsman, becuase they can't.[/quote]

5 YEAR RULE

I have been at loggerheads with council over this issue. I was challenging them under the Huiman rights issue with a letter first to the licensing board then when they refual came back an offical letter to the COE of the council making a formal complaint.

When that comes back negative you then make an official complaint to ombudsman.

I do not think councils would have a leg to stand on as regards refusal to allow the application to go forward and only refuse the issue of a licence if the vehicle failed the test.

The testing of vehices should be independent from council interference the testing should be done like a mot is done for a car and the condition of the vehicle should be standard throughtout the country.

These Councils are Quasi Republics and appear to be a law onto themselves. At least now we have some protection under the Human Rights and I am certain these rules they make up will be challenged through this legislation

Legal Support for self employed business person.

Join Federation of Small Business (FSB).

Excellent value for money, good legal advice on general legal issues.

Don't think they retain Button though. SO perhaps you better join an association. PHA or NTA or similar.

I am a great fan of age policies. Shame my council won't impose them.

I don't think any vehicle over three years of age should be allowed to be licensed for the first time. And anything over seven shouldn't be licensed at all.

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A member of the Hire or Reward Industry

I fully argree with tom thumbs view.

I dont honestly see how human rights are being deprived here.

However, and without being funny, it seems strange that you seem to enquire about a union then make the point regarding rolls royces and LA age limits, with your grievences towards them.

A bit like having a house fire and then getting insured?

I suppose the T&G would love to take your £8.90p during the first month and then spend thousands so you can put an old car on the road.

Captain cab

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin