Taxi Driver Online

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So taxi licencing money is used for other things, so they are breaking the law, time for the transport commissioner to investigate

Once again that's not how it works.

How can they set fees to meet their costs, when they don't know what their costs are?

Taxi and private hire fees are, or should be, ring fenced. This money shouldn't be spent on anything other than the taxi and private hire licensing function.

I would inform the council that unless they adhere to the 1976 act you will make a complaint to the district auditor.

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IDFIMH

I asked our LO the following question.

In order for me to understand the costings, could you please let me have a breakdown of the costs for the drivers badge. Basically I would like the cost of the materials and the time taken to produce the badge and the time that it takes to process the paperwork. Also the cost per hour that is charged for this work.

Regards,

This is the reply.


The figures you ask for are not available. Melton Borough Council has a responsibility to assess the suitability of applicants and therefore each application may take quite a considerable time to verify and collate all the relevant information. The tasks involved may well involve several different members of staff. This makes it impossible to cost each action individually.

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Grandad,

You need to do a FOI request to your local Councils FOI officer.

Been there, done that. The same answer.

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Grandad,

Because its passed onto the same department

The simple answer is they don't know - they explained as much in their email.

A few things in this do need made a point of;

The license costs in other areas whilst interesting are of little consequence - you don't pay a fee in another area - you pay it there.

The council don't appear to know how a licensing officers time is taken up - therefore how can they accurately set a license fee when an officer maybe spending half his week doing taxis and the other half doing all manner of other licensing functions.

I find it difficult to believe their claim several members of staff are needed to assess an application.

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

Once again, how do they know what to charge?

How many minutes/hours does it take to process a license?

Who does the processing doesn't really matter.

I would write to the Chair of Licensing asking him/her how they can set a fee when they don't know what their costs are.

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IDFIMH

I will be doing just that.

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Grandad,

I would surgest they scrap all plans for a fee increase until they sort the accounts out? Of course grandad you can go and look at these accounts,take notes of them ) amazing what you could find out, you could take your accountant with you. You should also inform all the councillors on the committee? And the local paper should be interested that your council are not keeping proper accounts? You might want to use mr buttons book, where he clearly states they should keep two separate accounts.

Here is the objection put in by 10 drivers regarding the drivers badge increase.

Dear XXXXXX,
I would like to draw your attention to section 53 (2) of the LGMP act 1976

53 (2) Notwithstanding the provisions of the Act of 1847, a district council may demand
and recover for the grant to any person of a licence to drive a hackney carriage, or a
private hire vehicle, as the case may be, such a fee as they consider reasonable with a
view to recovering the costs of issue and administration and may remit the whole or
part of the fee in respect of a private hire vehicle in any case in which they think it
appropriate to do so.

Clearly from this the council can only recover the costs of issue and administration of the said driver’s licenses.
The Council has not been able to supply the information because it does not exist. From this I find it impossible to ascertain what the true costs are. Clearly the council has no idea what these costs are and are simply making a guess as to what they are. This is not acceptable under the act and I therefore object to the raising of these fees until such time as the council can provide accurate information to enable the correct fee to be set.

I would be grateful if you could acknowledge receipt of this letter and advise the date of the Council meeting which will consider the Objection and what right of attendance and speaking rights will be available to me.

_________________
Grandad,

Here is the letter of objection to the increase in vehicle license fees.

Dear XXXXXX,
I would like to draw your attention to section 70 (1) of the LGMP act 1976

70 Fees for vehicle and operators' licences (1) Subject to the provisions of
subsection
(2) of this section, a district council may charge such fees for the grant of vehicle and
operators' licences as may be resolved by them from time to time and as may be
sufficient in the aggregate to cover in whole or in part —
(a) the reasonable cost of the carrying out by or on behalf of the district
Council of inspections of hackney carriages and private hire vehicles
for the purpose of determining whether any such licence should be
granted or renewed;
(b) the reasonable cost of providing hackney carriage stands; and
(c) any reasonable administrative or other costs in connection with the
foregoing and with the control and supervision of hackney carriages
and private hire vehicles.


Clearly from this the council can only recover the reasonable costs for carrying out the licensing function. Several freedom of information request replies in relation to ascertaining these costs have been received from the Council. The council has not been able to supply the information requested because it does not exist. From this I find it impossible to ascertain what the true costs are. Clearly the council has no idea what these costs are and are simply making a guess as to what they are. This is not acceptable under the act and I therefore object to the raising of these fees until such time as the council can provide accurate information to enable the correct fee to be set.

I would be grateful if you could acknowledge receipt of this letter and advise the date of the Council meeting which will consider the Objection and what right of attendance and speaking rights will be available to me.

_________________
Grandad,

Well done GD.

Keep at it.

_________________
IDFIMH

Here is another one sent in today.

Dear XXXXXX,

Further to previous objections and in addition to those objections,

It would appear that the taxi licensing finances are in complete disarray.

James Button, who I believe is the leading lawyer on taxi licensing, clearly states that taxi licensing fees should be kept in a separate account.

Furthermore, it seems quite impossible to determine the true costs of operating the taxi licensing function therefore I cannot see how there is any justification for the fees to rise and until the true costs can be determined it is quite probable that any fees charged in excess of those stated in section 70 (2) of the LGMP act 1976 are unlawful.



70. (2) The fees chargeable under this section shall not exceed —

(a) For the grant of a vehicle licence in respect of a hackney carriage,

twenty-five pounds;

(b) For the grant of a vehicle licence in respect of a private hire vehicle,

twenty-five pounds; and

(c) For the grant of an operator's licence, twenty-five pounds per annum;

or, in any such case, such other sums as a district council may, subject

to the following provisions of this section, from time to time

determine.



Please forward this email to the committee who will be looking at the objections.

_________________
Grandad,

And another one.

Dear XXXXXX,

It has been brought to my attention that the public notice as printed in the XXXXXX XXXXX issue dated 21 February 2013 is incorrect. The public notice states that the hackney carriage/private hire drivers license is to be varied under the above act. I must object to this on the grounds that drivers licenses are not covered by section 70 of the Local Government (miscellaneous provisions) act 1976. Therfore I request that the notice is re-submitted under the correct section.

Regards,




The advertisement is not incorrect as there is no requirement under either Local Government (Miscellaneous Provisions)Act 1976 or Town Police Clauses Act 1847 to advertise Hackney Carriage and Private Hire Drivers licence fees. The reference to LG(MP)Act s.70 refers only to the Vehicle and Operator fees. We advertise the Driver’s fees simply as a courtesy.


Dear XXXXXX,
I believe that Public Notices are Legal Notices and as such must be factually correct. The notice in the XXXXXX XXXXX was not factually correct so again I object to the public notice and I would like you to pass my objection to the committee that will be dealing with the objections as required under the act.
Regards,

_________________
Grandad,

Must be awful having to deal with MrX, have you ever met him? I have a picture;

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