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PostPosted: Sun Mar 11, 2012 7:25 am 
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Joined: Sun Dec 25, 2011 12:20 pm
Posts: 44
Interesting comments. I still say the LO had no power to force me to comply with his instructions.

"Enforcement officers, via a Merseyside local authority agreement, also regulate the activity, when
appropriate; of private hire vehicles licensed by other district councils when parked in the City of Liverpool
awaiting pre-booked hiring’s from a licensed operator. This activity includes vehicle inspection and licence
checks to ensure that no licensing contraventions are being committed."

Im of the opinion this agreement would have been communicated with the licenced drivers in writing in the terms of licence paperwork.


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PostPosted: Sun Mar 11, 2012 8:01 am 
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Mr PH wrote:
Im of the opinion this agreement would have been communicated with the licenced drivers in writing in the terms of licence paperwork.


Indeed, and as I alluded earlier it seems likely that a lot of drivers won't know about these things.

But more to the point, didn't you say originally that you were from Wrexham? Thus if there's only agreement between Merseyside authorities then you wouldn't be covered, unless of course you're covered by a separate agreement.

Also not really sure about the legal position on this, with or without a formal 'concordat'. I mean, if a driver is blatantly plying for hire or touting miles from his own area then the LA that he's committing the offence in can't do anything about it unless an LA from Berwick (say) travels a couple of hundred miles to sort it out?

Of course, that was the problem highlighted by letting Berwick-licensed HCs do PH work many miles from Berwick, and why the House of Commons Transport Committee and now the Law Commission are looking into it.

By the way, was there ever anything concluded about the driver locking the 'by no means wasted' girls in the vehicle, or was it predictably just forgotten about?

viewtopic.php?f=2&t=18120


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PostPosted: Sun Mar 11, 2012 6:11 pm 
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Dusty Bin wrote:
By the way, was there ever anything concluded about the driver locking the 'by no means wasted' girls in the vehicle, or was it predictably just forgotten about?


I spoke to the driver last week and he told me the Police and the council conducted an investigation. They concluded he had acted in a proper manner and no further action would be taken. He had CCTV footage of the incident including sound. The operator is now considering his legal options.


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PostPosted: Sun Mar 11, 2012 7:23 pm 
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I went to Liverpool airport and had the same thing,I told him where to go,he has no powers over me,a police officer can inspect a vehicle,but if he can't see anything wrong at the side of the road he has to let you go on your way,if he wants me to follow him to a testing station he has to serve a section 68 notice on me or I will refuse to follow him,he then has 2 choices he can let me go,or he can arrest me,of course I am hoping he arrests me?


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PostPosted: Sun Mar 11, 2012 9:02 pm 
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Location: Wayneistan
Dusty....you're growing more cynical than me. :lol:

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
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PostPosted: Mon Mar 12, 2012 12:01 pm 
If it helps detect unlicensed drivers etc is it such a bad thing, why you didn't just show him your badge is beyond me, if you have to go there again you've just put the guys back up where had you simply just shown you were what you are and legal he would probably never bother you again other than to say hi, you don't have to treat licensing staff like total cvnt's even if they aren't your area, I think you just put a scope on your own back myself, especially if he contacts your council.


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PostPosted: Sat Mar 17, 2012 2:32 am 
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Location: Cannock Chase
The Scottish legislation is similar to section 68 of the LGMP act. There is a limitation on inspections to 3 per year according to English law. Anyone can ask to see the driver's badge if you are stationary or have passengers on board as this must be worn in such a manner as to be plainly and distinctly visible in accordance with section 54 of the above act so.a refusal to show this would constitute an offence.

If I dropped someone off at Liverpool Airport as I have twice, I would show my badge but suggest that any further inspection of my vehicle was a matter for LEOs from my licencing authority, police constables or VOSA.

I would suggest that the LEO did some homework, reading up on sections 58, 68 and 60 of the Act of 1976.

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