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 Post subject: Dundee report
PostPosted: Thu Dec 15, 2011 11:16 am 
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Link to Dundee Licence meeting and report

http://www.dundeecity.gov.uk/reports/ag ... navpanes=0


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 Post subject: Re: Dundee report
PostPosted: Fri Dec 16, 2011 1:51 am 
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Quote:
A policy requiring all operators to place WAV's on service would be in compliance with the EqA. However, it was recognised that, particularly in the light of the responses received to the 2008 and 2010 consultations, there was likely to be a majority opinion in favour of a mixed fleet, as has turned out to be the case. In that event, Senior Counsel advised that having a mixed fleet would also comply with the EqA provided the percentage of WAV's is sufficiently high.


So why aren't mixed fleets required to comply with the Equality Act then?

Quote:
She further advised that it would be necessary to introduce a mechanism to address any inequality caused by allowing some operators to place less expensive vehicles on service.


Good that that's been acknowledged, but what kind of mechanism do they have in mind? #-o

Quote:
A method for allocating licences to address any economic unfairness arising from the lower capital and running costs of saloon cars as opposed to WAV's.


Ditto, but presumably part of this sentence has gotten lost in the translation somewhere?

But that's another nine months or so and essentially they're saying they're little further on in deciding things and that they have to do a lot more work until they get there?

But of course it all helps justifying their existance and keeping themselves in a job :roll:

How long has all this being going on in Dundee now? ](*,)


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 Post subject: Re: Dundee report
PostPosted: Fri Dec 16, 2011 2:28 am 
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Quote:
So why aren't mixed fleets required to comply with the Equality Act then?


Section 160 has been removed from the equality bill act .


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 Post subject: Re: Dundee report
PostPosted: Fri Dec 16, 2011 8:50 am 
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Stationtone wrote:
Quote:
So why aren't mixed fleets required to comply with the Equality Act then?


Section 160 has been removed from the equality bill act .



I'm not sure your correct.

http://www.legislation.gov.uk/ukpga/2010/15/section/160

section 160 is the part that the government will sign at some point in the future.......I would put a wager on it being signed when the law commission have completed their study and new legislation is brought in.

CC

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 Post subject: Re: Dundee report
PostPosted: Fri Dec 16, 2011 9:17 am 
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Stationtone wrote:
Quote:
So why aren't mixed fleets required to comply with the Equality Act then?


Section 160 has been removed from the equality bill act .

[-X

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IDFIMH


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 Post subject: Re: Dundee report
PostPosted: Fri Dec 16, 2011 9:59 am 
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Dusty Bin wrote:
So why aren't mixed fleets required to comply with the Equality Act then?


Perhaps I should rephrase that.

Why isn't a local authority required by the Equality Act to have a mixed taxi fleet so that it can provide for the ambulant disabled as well as those confined to wheelchairs?

(Sorry if I'm a bit behind the curve with this one, but I didn't really pay much attention to the Equality Act legislative process.)


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 Post subject: Re: Dundee report
PostPosted: Fri Dec 16, 2011 10:28 am 
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Agree CC and sussex removed was the wrong word to use . I also think it will be implemented at a later date possibly after they agree a ratio of wav and saloon .


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 Post subject: Re: Dundee report
PostPosted: Wed Jan 18, 2012 9:17 pm 
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Dusty Bin wrote:
Quote:
But that's another nine months or so and essentially they're saying they're little further on in deciding things and that they have to do a lot more work until they get there?

But of course it all helps justifying their existance and keeping themselves in a job :roll:

How long has all this being going on in Dundee now? ](*,)


Answer: Too ******* long! I've lost patience to the extent I've written to the OFT for Scotland enquiring if Dundee City Council are in breach of any existing legislation as regards their unfair licencing policy i.e. allowing certain operators to maintain a saloon whilst forcing newer ones to invest in WAVs if they want to enter the same market place.

Have also approached the council to clarify how the consideration of a mechanism being introduced to address any perceived inequality is to be progressed.

Will update as and when further info's received. I'm not holding my breath that the council are in breach of any existing legislation given the trade bodies involved, then again many of these have a self interest in protecting the status quo, asking those operators currently entitled to continue operating saloon vehicles as taxi's to vote for anything other than the status quo was like asking turkeys to vote for xmas!

In the interests of fairness IMHO what should have happened is the council should have introduced a transition period for those operators to upgrade their vehicles to WAV's and those choosing not to do so would revert to Private Hire licences. In addition to the existing private hire fleet this would then maintain a suitable mix of WAVs/saloon cars to service local demand. In the current economic climate I can't blame self interest taking precedence - I'm a private hire operator so no self interest here as my position wouldn't change other than I might consider putting a WAV in service if the playing field is ever levelled - but the fact this appears to be endorsed by the councils long standing licencing policy is decidely unfair.

The quicker the council do something to address the situation the better but as you rightly point out, their track record to date wouldn't see me taking bets it is hence the request to the OFT. No doubt will get me nowhere but you don't get if you don't ask.


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 Post subject: Re: Dundee report
PostPosted: Wed Jan 18, 2012 10:05 pm 
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Excellent post, but unfortunately I think one of your conclusions is bang on the button - the chances of the OFT taking an interest in this sort of thing are remote indeed.


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 Post subject: Re: Dundee report
PostPosted: Thu Jan 19, 2012 12:50 pm 
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The report was passed unanimously before Christmas and work is ongoing to introduce a cap in the near future.A meeting was held on Tuesday past and another meeting is to be held in six weeks time .


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 Post subject: Re: Dundee report
PostPosted: Fri Jan 20, 2012 12:02 am 
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Stationtone wrote:
The report was passed unanimously before Christmas and work is ongoing to introduce a cap in the near future.A meeting was held on Tuesday past and another meeting is to be held in six weeks time .


Well done for addressing all the points made by Mr rif. =D>


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 Post subject: Re: Dundee report
PostPosted: Fri Jan 20, 2012 2:43 am 
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Unfortunately because of certain numptys on the forum i am reluctant to provide info anymore , also a large portion of Dundee operators and drivers in Dundee have been getting info that others pay their dues for. So if any member of this forum who do not work or operate a Taxi in Dundee has any questions relating to Dundee taxi issues please be free to ask in a private message .The DTA and UNITE have also agreed with the SNP administration to work together to resolve the problems that the Labour administration created .


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 Post subject: Re: Dundee report
PostPosted: Fri Jan 20, 2012 7:17 pm 
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Folks I'm brand new to the forum so haven't had a chance to suss out the various personalities etc, have never considered myself a numpty and hopefully am never perceived that way, time will tell!

Personally I'm more interested in the legality of the current licencing policy - though as an operator any discussions re a cap etc obviously concern me too - and the response I've received from the Depute Chief Executive re the mechanism referred to above states "No time scale has been put on this but given the Council elections in May 2012 and the fact that the last meeting of the Committee before then is at the end of March, I would not anticipate that the matter will be placed before the Committee again until June 2012 at the earliest.

The OFT have referred my enquiry elsewhere in the interim and will respond in due course.


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 Post subject: Re: Dundee report
PostPosted: Fri Jan 20, 2012 9:19 pm 
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rif wrote:
Folks I'm brand new to the forum so haven't had a chance to suss out the various personalities etc, have never considered myself a numpty and hopefully am never perceived that way, time will tell!


I think what stationtone means by 'numpties' is 'people who don't agree with me'. [-(

Quote:
Personally I'm more interested in the legality of the current licencing policy - though as an operator any discussions re a cap etc obviously concern me too - and the response I've received from the Depute Chief Executive re the mechanism referred to above states "No time scale has been put on this but given the Council elections in May 2012 and the fact that the last meeting of the Committee before then is at the end of March, I would not anticipate that the matter will be placed before the Committee again until June 2012 at the earliest.


Correct me if I'm wrong, but hasn't this being going on for several years now? And it'll last another six months at least?

What a way to run anything. [-X

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The OFT have referred my enquiry elsewhere in the interim and will respond in due course.


Where have they referred your enquiry to?


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 Post subject: Re: Dundee report
PostPosted: Thu Jan 26, 2012 6:13 pm 
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Dusty Bin wrote:
rif wrote:

Quote:
Personally I'm more interested in the legality of the current licencing policy - though as an operator any discussions re a cap etc obviously concern me too - and the response I've received from the Depute Chief Executive re the mechanism referred to above states "No time scale has been put on this but given the Council elections in May 2012 and the fact that the last meeting of the Committee before then is at the end of March, I would not anticipate that the matter will be placed before the Committee again until June 2012 at the earliest.


Correct me if I'm wrong, but hasn't this being going on for several years now? And it'll last another six months at least?

What a way to run anything. [-X

Only been an operator since 2008 but believe the current discrimination was introduced maybe 2-3 years prior to that so yes been this way for quite some while.

Quote:
The OFT have referred my enquiry elsewhere in the interim and will respond in due course.


Where have they referred your enquiry to?


They didn't say, only that it's been passed on. The fact that legal counsel for the council has highlighted the need to consider a compensation mechanism for those being disadvantaged currently makes me suspect they know they are in breach of existing guidelines/legislation somewhere or other. If thats the case and I can establish what those are then my hope is something can be done a little more quickly to address the situation.


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