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PostPosted: Tue May 14, 2013 7:52 pm 
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roythebus wrote:
Anyone got a definition of "the trade"?? Holders of operators licences? Holders of ph and hack badges? Answers please!

Drivers associations/unions and circuits.

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PostPosted: Wed May 15, 2013 9:38 am 
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roythebus wrote:

Anyone got a definition of "the trade"?? Holders of operators licences? Holders of ph and hack badges? Answers please!


anyone driving, supplying or operating a vehicle for hire&reward

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PostPosted: Wed May 15, 2013 4:30 pm 
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I think I'll let the magistrates decide on that definition! As usual the rules seem to have been written by know-very-little councillors with little understanding of "the law" and how to define things.

The hearing on the 4th June is to set a date for the full hearing; I've had contact with the council solicitor about this and certain things are to be agreed. It seems unlikely the case will be heard in the near future as the solicitor is on leve, I'll be on holiday and there's a long wait for court space! 8) By which time "the rules" may well have been changed. 8-[

I've sent the FoI request for the information mentioned above to the DC and the town council, so will have to wait and see what comes back.

The LO seems quite accommodating, and we have a new compliance man called Rick who was previously with Thanet Council. He told us that Thanet were about to introduce a vehcile age limit, currently there is none, they they realised that this would wipe out 75% of the area's 378ph and 138 hackneys overnight! :shock: So they left things as they are.


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PostPosted: Wed May 15, 2013 6:38 pm 
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roythebus wrote:
I think I'll let the magistrates decide on that definition!

Not too sure the court will have the powers to decide the makeup of the taxi forum.

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PostPosted: Wed May 15, 2013 7:00 pm 
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Sussex wrote:
Not too sure the court will have the powers to decide the makeup of the taxi forum.


I aint too sure about anything in this thread :sad:

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PostPosted: Wed May 15, 2013 8:24 pm 
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No, I'm not on about the make-up of the taxi forum; I was questioning "what is the trade". That is what the court will be asked to decide.

the current rules require a motion to be put to the taxi forum. Then it has to go to consultation to "the trade". Then 40% of "the trade" has to vote on it, then the majority of that vote carries or defeats the motion.

On that basis and judging by the turn-out at elections, we're lucky to see a 30% turn-out, so what chance is there of getting 40% of a non-defined "trad"2 to vote for anything? #-o

Had "the trade2 been clearly defined in "the rules" there would be no query. Licenced drivers? Licenced operators? A lot of drivers are also operators so could have 2 votes; some operators have 50-odd cars so could have 50 votes; then their 80 odd drivers could have 80-odd votes... :? :?


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PostPosted: Thu May 16, 2013 7:49 am 
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roythebus wrote:
No, I'm not on about the make-up of the taxi forum; I was questioning "what is the trade". That is what the court will be asked to decide.

the current rules require a motion to be put to the taxi forum. Then it has to go to consultation to "the trade". Then 40% of "the trade" has to vote on it, then the majority of that vote carries or defeats the motion.

On that basis and judging by the turn-out at elections, we're lucky to see a 30% turn-out, so what chance is there of getting 40% of a non-defined "trad"2 to vote for anything? #-o

Had "the trade2 been clearly defined in "the rules" there would be no query. Licenced drivers? Licenced operators? A lot of drivers are also operators so could have 2 votes; some operators have 50-odd cars so could have 50 votes; then their 80 odd drivers could have 80-odd votes... :? :?

I think all the above is a side issue TBH.

The court will decide if the policy is fair and reasonable, I'm not sure too much time will be taken up on the 'how we got to this policy' aspect. That's more of a Judicial Review hearing.

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PostPosted: Fri May 17, 2013 7:52 am 
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Maybe so, but "the rules" say how to get policy changed. the LO asked me why I#' d left it late in the day to try for a policy/rule change. I hadn't.

I first asked about it after the 2010 guidelines were published. That went to the then LO. He gor moved sideways; it was then taken up with my disrtict councillor who couldn't do much because there was no LO.

It was taken up again with the temporary LO who then left after not acting on my request.

Again taken up with the District councillor who explained the above to me.

So new LO has now had to take note, so it's not for lack of trying, and with the taxi forum being cancelled 3 years ago due to lack of interest, what chance was there of complying with "the rules" to get any change?

The main gripe at this week's taxi forum was how long it took to get a fare rise approved. The next gripe was about firms discounting on the metered fares. am I missing something? why raise metered fares if you're then going to offer a discount?? FFS!

So with the above, I don't thing the mags will be very impressed that the council cannot obey their own rules.


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PostPosted: Fri May 17, 2013 5:06 pm 
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roythebus wrote:
Maybe so, but "the rules" say how to get policy changed. the LO asked me why I#' d left it late in the day to try for a policy/rule change. I hadn't.

I first asked about it after the 2010 guidelines were published. That went to the then LO. He gor moved sideways; it was then taken up with my disrtict councillor who couldn't do much because there was no LO.

It was taken up again with the temporary LO who then left after not acting on my request.

Again taken up with the District councillor who explained the above to me.

So new LO has now had to take note, so it's not for lack of trying, and with the taxi forum being cancelled 3 years ago due to lack of interest, what chance was there of complying with "the rules" to get any change?



The main gripe at this week's taxi forum was how long it took to get a fare rise approved. The next gripe was about firms discounting on the metered fares. am I missing something? why raise metered fares if you're then going to offer a discount?? FFS!

So with the above, I don't thing the mags will be very impressed that the council cannot obey their own rules.




Taxi fares are a maximum you can charge,so just like shops you can put the price up then have a sale:-)


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PostPosted: Fri May 17, 2013 8:20 pm 
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The point I'm trying to get across is it is irrelevant, IMO, how many people support or oppose a policy, either before it's adopted or after.

So if 100% support something it doesn't make it legal, and if 100% oppose something it doesn't make it unlawful.

The court will decide on the legalities of the policy, that could include how it was adopted, but which trade group agreed to it and when, and the make up of that trade group, really doesn't matter.

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PostPosted: Sat May 18, 2013 8:12 am 
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Sussex wrote:
The point I'm trying to get across is it is irrelevant, IMO, how many people support or oppose a policy, either before it's adopted or after.

So if 100% support something it doesn't make it legal, and if 100% oppose something it doesn't make it unlawful.

The court will decide on the legalities of the policy, that could include how it was adopted, but which trade group agreed to it and when, and the make up of that trade group, really doesn't matter.

I agree there, but it appears the only way to get any sort of policy change is by the means I stated above! If that means does not exist, then there can never be any policy change, and no change in the legality of "the rules". :evil:


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PostPosted: Sat May 18, 2013 9:33 pm 
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roythebus wrote:
Sussex wrote:
The point I'm trying to get across is it is irrelevant, IMO, how many people support or oppose a policy, either before it's adopted or after.

So if 100% support something it doesn't make it legal, and if 100% oppose something it doesn't make it unlawful.

The court will decide on the legalities of the policy, that could include how it was adopted, but which trade group agreed to it and when, and the make up of that trade group, really doesn't matter.

I agree there, but it appears the only way to get any sort of policy change is by the means I stated above! If that means does not exist, then there can never be any policy change, and no change in the legality of "the rules". :evil:


And if they have not adopted the 1976act? Then there is know policy to change,I would still request a copy of the minutes of the meeting when they adopted the act? But of course that's up to you.you can lead a horse to water but you can't make it drink:-)


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PostPosted: Sat May 18, 2013 10:22 pm 
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If they've not adopted the 1976 Act, then their rules aren't worth the paper they're written on. See in the court Database section, Vale of Aylesbury v Call a Cab!


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PostPosted: Sun May 19, 2013 8:38 am 
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roythebus wrote:
If they've not adopted the 1976 Act, then their rules aren't worth the paper they're written on. See in the court Database section, Vale of Aylesbury v Call a Cab!


But of course I know that, or I would not be telling you? I would think there are a few councils out there that have not adopted it? Could yours be one of them? Only one way to find out.and anyone else reading this should be doing he same. Ok how many of you know for sure your council have properly adopted the act?


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PostPosted: Sun May 19, 2013 8:50 am 
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mancityfan wrote:
Taxi fares are a maximum you can charge,so just like shops you can put the price up then have a sale:-)


No, you only have the sale....if on a meter

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