Taxi Driver Online

With Calderdale Council its always wise to be truthfull, they can handle blunt honesty, and good faith, they dont tolerate liars.

yes I have admitted using a rank and yes its with the legal team now, after the initial exchange of letters the dialogue has been calm.

as for permitted distance they aint got one, or at least they dont know they have one yet, combing through dusty minute books the zone was created in 82 its the newest in England.

Maude will be helpful as will the law, because come what may they accept I acted in good faith.

fortunatly the taxi was recorded using the rank by Halcrow Fox in thier survey of 2001 and the council missed the paragraph.

things now are looking promising, I dont regret meeting it head on truthfuly.

If they have zones then they have a permitted distance. You can't just create a zone without informing the Secretary of State and you can't remove them without informing the Secretary of state. You are licensed to ply for hire within a particular Zone, which is the prescribed distance. I'm intrigued as to what you see in the Maud case, because it has absolutely nothing whatsoever to do with your circumstance.

If you admitted to using a Taxi rank in another zone then you have effectively sealed your own fate. Your best defence might be pleading dumb to the law and hope they wrap your nuckles rather than take it to court.

Regards

JD

I hate to say this Yorkie, but we had a major....err....discussion about this post office business about a year and a half ago:

http://www.taxi-driver.co.uk/phpBB2/vie ... &start=100

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Taxi Driver Online
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So you hurt your back playing bools or ecky thump or whatever?

I would take Nidge's advice and hang upside down for a few hours, it does wonders for a bad back.

But with all that blood running to the head, there are obvious side effects

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Taxi Driver Online
www.taxi-driver.co.uk

They say theres a fool born every day Yorkie but I never expected you to be taken in by three idiots.

Regards

JD

But surely if that zone is controlled by the same district council, then when the judge in Maud said;

The judge below had taken the view that section 37 of the 1847 Act, by its language, only permitted the licence to be granted for a taxi to ply for hire across the whole of an authority's area. That was based on the words in that section, as amended by the 1875 Act, "a licence to ply for hire within any urban district". It is submitted by Mr Wolfe that those words do not have the meaning adopted by the judge but merely denote the area of the licensing authority's jurisdiction. In other words, they define the geographical extent of that jurisdiction. They do not, contends Mr Wolfe, require the licence to be granted for the whole of the district in question. Therefore, one should simply apply the conventional administrative law principles. Here, the purpose of the condition would have been within the legislative object of the powers under Section 47 of the 1976 Act, and emphasis is placed on the broad wording, as it is described, of that empowering section which deals with conditions.

For my part, I prefer the judge's construction of Section 37, particularly bearing in mind the history of the phrase now under consideration. In its original form the words read that the commissioners might "from time to time license to ply for hire within the prescribed distance"; I emphasise the last four words. An alternative to the prescribed distance was then given. It seems to me that those words "within the prescribed distance" did not relate  or certainly did not relate solely  to the jurisdictional area of the commissioners. They denoted where the hackney carriages, as they truly were at that time, could ply for hire. Those words were later replaced by the words "within any urban district", as Mr Wolfe emphasises. But I cannot accept that that alteration was intended to render the phrase solely a jurisdictional one rather than one dealing with the area where the vehicle could ply for hire.

he was saying that Yorkie could be ok?

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IDFIMH

hanging is a bit much though

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

The problem with the Maud case seemed to be that it didn't related to zoning per se, but allowing some HCs to ply throughout the borough and allowing the new HCs to access only part of the borough (ie not allowing them to access Benfleet station).

Thus I don't think the judges actually ruled that an LA couldn't zone, but what they did rule is that whether or not an LA is zoned HCs cannot be treated in a discriminatory manner - ie all HCs within the LA or each zone within the LA should have the same rights.

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Taxi Driver Online
www.taxi-driver.co.uk

They say theres a fool born every day Yorkie but I never expected you to be taken in by three idiots.

Regards

JD

It's nice to see you have sobered up at last,you really must lay off the bottle, it does your disposition no good at all,I would not worry about yorkie,I think he has you tdo and sussex well sussed,you might be three clowns but I don't think you can put yourself in the same class as the stooges, but I am sure you will TRY.... p.s.
hiding behind a screen and shouting abuse just about sums you up omnipotert one....PLANTPOT...is not a swearword.....love..mrT....

A zone is a district within a district. The licensing authority licenses the number of vehicles for a particular zone. An authority may have two zones such as Bath and Somerset or they could have several such as Calderdale. The licensing laws apply to the individual Zones as if they would if it were a single district.

The Maud case was not about Zones it was about applying a restriction to certain hackney carriages within a licensing district. The court ruled that a licensing authority cannot place plying for hire restrictions on individual licenses.

There were three points to the Maud case, the restricted license issue was the first point dealt with. It was resolved that you can't place plying for hire restrictions on individual cabs.

In my view a condition preventing a taxi from plying for hire from a particular taxi stand or stands, or in a particular street or streets, would fall outside the scope of the powers granted by Parliament.

Despite Mr Wolfe's attractive submissions, I conclude that the authority was right to adopt the advice it had been given by counsel on this particular point.

Zone = district in Yorkies case, in the Maud Case Castle point = district.

Best wishes.

JD

The law and Zones effectively put to bed.

In England and Wales taxis are licensed under the Town and Police Clauses Act 1847 as incorporated into the Public Health Act 1875 to ply for hire within a ''prescribed distance''. Section 171(4) of the 1875 Act effectively allowed local authorities to apply the provisions of the Town Police Clause Act 1847, as it related to hackney carriages, to the whole of that authority's area. Usually the prescribed distance comprised the whole of the licensing authority's area, but some licensing areas comprise two or more prescribed distances, known as licensing zones.

Regards

JD

And it is nice to see you recognised yourself as one of the three idiots. lol

I assume this petty bout of petulance has come about because it was you who advised Yorkie that he could ply for hire five miles from the post office in his own licensed zone. lol

I would stick to plants Mr Pot because you know nothing whatsoever about Taxi law.

I would assume Yorkie is his own man but what ever he decides is entirely up to him. However, if I were him you would be the last person I would put my trust in, for the simple reason you are most definitely the weakest link. Goodbye!

JD

They say theres a fool born every day Yorkie but I never expected you to be taken in by three idiots.

Regards

JD[/quote

how did I work out this was meant for me ????

When will you get your facts right.ASSUMPTIONS ASSUMPTIONS ASSUMPTIONS ASSUMPTIONS ASSUMPTIONS ASSUMPTIONS..HA HA HA HA HA....MR T............

lol you probably asked Jeeves.

I don't know if you advised Yorkie or not but he's thanking you for coming to his rescue. I think even an idiot like you might agree that anyone who advises another cabby that he is acting perfectly within the law to rank up in a district that he's not licensed for, has to have something missing up top.

Seeing as how you have no peers when it comes to being an idiot, you are the most likely candidate, unless of course Yorkie was under the impression that he could rank up anywhere in Calderdale?

And will you at least try and learn how to post properly its becoming tedious frequently having to correct your nonsense. The only other person who posts like you is cheshirebest. Might be a good idea for you two to get together and invest in some night classes.

JD

ASSUMPTIONS....ASSUMPTIONS