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wannabeeahack
PostPosted: Sat Mar 31, 2012 3:36 pm 
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ive just pointed that out to a LA who requires all car owners (inc those working off a base) have a £55 ops licence.....

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toots
PostPosted: Sun Apr 01, 2012 12:04 am 
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Quote:
"operate" means in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle;


So it could be argued that phvs that have door stickers are making provision for the invitation of bookings

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wannabeeahack
PostPosted: Sun Apr 01, 2012 4:19 pm 
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toots wrote:
Quote:
"operate" means in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle;


So it could be argued that phvs that have door stickers are making provision for the invitation of bookings


only if the car is base/circuit-owned, if its not gonna get the call its not an operator

you could argue that carrying an advert for a pub should require an booze licence....

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Sussex
PostPosted: Sun Apr 01, 2012 5:19 pm 
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toots wrote:
So it could be argued that phvs that have door stickers are making provision for the invitation of bookings

Anything could be argued, but IMO that argument would fail as they are merely advertising the firm with the operator's license.

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wannabeeahack
PostPosted: Sun Apr 01, 2012 8:31 pm 
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andsome dont carry adverts, would an ops licence then still be payable?

no, from the AOP it seems the compamy who takes calls needs the ops licence, they may not even have 1 car

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wannabeeahack
PostPosted: Sun Apr 01, 2012 8:33 pm 
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the LAs reply should be interesting

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toots
PostPosted: Sun Apr 01, 2012 9:34 pm 
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Sussex wrote:
toots wrote:
So it could be argued that phvs that have door stickers are making provision for the invitation of bookings

Anything could be argued, but IMO that argument would fail as they are merely advertising the firm with the operator's license.


Some say "to hire this vehicle" that is imo a clear invitation. It's not quite the same as an advertisement really is it, but, I personally don't see why a vehicle working on an operators circuit should need an ops license.

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Sussex
PostPosted: Mon Apr 02, 2012 7:52 am 
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toots wrote:
Some say "to hire this vehicle" that is imo a clear invitation. It's not quite the same as an advertisement really is it, but, I personally don't see why a vehicle working on an operators circuit should need an ops license.

I suppose we are now in a lucky/unlucky period when none of this stuff will ever reach court as the Law Commission will have decided by the time it got to the higher courts.

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wannabeeahack
PostPosted: Mon Apr 02, 2012 8:14 am 
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i wonder how many LAs do this illegally, and for how many years and how many licences...


kerching - refund time!

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wannabeeahack
PostPosted: Mon Apr 02, 2012 5:29 pm 
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interesting

Quote:
You are correct in saying that under the Local Government Miscellaneous Provisions Act 1976 a private hire vehicle requires an operators licence. Here, as in many parts of the country it is the owner of the private hire vehicle that requires the operators licence, as you are working through a company, you are accepting the booking on behalf of that company. Many parts of the country do it the way you are talking about, where as the company is the operator and they will pay for how many vehicles they have working through them. It is for each Local Authority to decide on which approach they take and this is our Councils by way of making the private hire vehicle owner have an operators licence


so then?....

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wannabeeahack
PostPosted: Mon Apr 02, 2012 5:34 pm 
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ive asked who is legally required to record booking details, the car renting a radio or the base answering the phone.....

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Sussex
PostPosted: Mon Apr 02, 2012 5:40 pm 
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wannabeeahack wrote:
ive asked who is legally required to recored booking details, the car renting a radio or the base answering the phone.....

Ask him/her/them, what part of what act allows them to force all PH owners to have PH ops licenses? And what powers the council has to issue a PH ops license to an address outside of the licensing area? Or do they only allow locals to own PH vehicles?

Or make an official complaint through the council's complaint procedure. That way they will, hopefully, gain proper legal advice.

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wannabeeahack
PostPosted: Tue Apr 03, 2012 6:32 pm 
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"The Council would expect to be able to inspect booking records of the car, the owner who works through a base would have to get these records from his/her base"

stupid. so imagine a job 6 weeks ago, the driver is expected to remember they did it and ask the base for booking details, what if they dont have them? (i.e. a pen/paper base on a busy night....)

then what, the LA prosecute the ops-licence holding car owner?

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wee eddie
PostPosted: Tue Apr 03, 2012 8:41 pm 
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wbah: Regardless of what actually happens. The Base is legally required to keep a record of all bookings and be able to present it 'on demand' to the relevant Authority.

If it is unable to produce such a record, it is to be assumed that the PH has picked up an Un-booked Fare ~ Nasty.

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mancityfan
PostPosted: Tue Apr 03, 2012 9:14 pm 
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In hull vs Wilson the judge said where the phone was answered,was where the ops license should be from? If a private hire vehicle owner also needs his own ops licence to receive bookings,does this not make him a mobile booking office and therefore he is able to do immediate hire .?
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