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 Post subject: Re: E7 vehicles
PostPosted: Fri Sep 27, 2013 7:17 pm 
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andycable wrote:
grandad wrote:
andycable wrote:
Personally Grandad I think you should retire and fu ck off to Benidorm and give someone else a chance !

Why resort to insults just because my view is different to yours. Could you please apologize for this because I have never insulted you.

Sorry granddad .

Apology accepted. Anyway, I don't go to Benidorm. I go to Almoradi. :wink:

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 Post subject: Re: E7 vehicles
PostPosted: Fri Sep 27, 2013 7:51 pm 
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gusmac wrote:
wannabeeahack wrote:

what the lord giveth, the lord can take away

you agree to accept and play by the LA's rules when you apply for a badge


The LA are not God Almighty.

They are bound by the law under which the licence is issued.


are the non-smoking laws "licensing/hackney" law or another though?

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 Post subject: Re: E7 vehicles
PostPosted: Fri Sep 27, 2013 8:57 pm 
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wannabeeahack wrote:
gusmac wrote:
wannabeeahack wrote:

what the lord giveth, the lord can take away

you agree to accept and play by the LA's rules when you apply for a badge


The LA are not God Almighty.

They are bound by the law under which the licence is issued.


are the non-smoking laws "licensing/hackney" law or another though?


Another law, but that in itself is irrelevant.

No taxi licensing law confers the power to punish anyone upon an LA. To do so is simply beyond their remit.
Their job is to decide if someone is fit and proper to hold a licence. Either they are or they are not.
To decide someone is unfit today but will be fit by next Tuesday lunchtime is nonsensical and an abuse of power.

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 Post subject: Re: E7 vehicles
PostPosted: Fri Sep 27, 2013 9:40 pm 
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Location: st helens
wannabeeahack wrote:
gusmac wrote:
wannabeeahack wrote:

what the lord giveth, the lord can take away

you agree to accept and play by the LA's rules when you apply for a badge


The LA are not God Almighty.

They are bound by the law under which the licence is issued.


are the non-smoking laws "licensing/hackney" law or another though?


Another law, but that in itself is irrelevant.

No taxi licensing law confers the power to punish anyone upon an LA. To do so is simply beyond their remit.
Their job is to decide if someone is fit and proper to hold a licence. Either they are or they are not.
To decide someone is unfit today but will be fit by next Tuesday lunchtime is nonsensical and an abuse of power.


Well said. =D>

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 Post subject: Re: E7 vehicles
PostPosted: Sat Sep 28, 2013 12:08 pm 
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BUT....the law is the law, smoking in a licensed vehicle comes under workplace legislation and more to the point you KNOW its illegal and that the LA can enforce the law

why not just step away from the car to smoke or is that too difficult? if you worked in an office/warehouse or factory you couldnt smoke on site could you, same thing int it

BTW, theres a "quote" button in each post for you to use...

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 Post subject: Re: E7 vehicles
PostPosted: Sat Sep 28, 2013 7:10 pm 
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wannabeeahack wrote:
BUT....the law is the law, smoking in a licensed vehicle comes under workplace legislation and more to the point you KNOW its illegal and that the LA can enforce the law


Yes, the law is the law and it's the law for councillors too, not just taxi drivers. To many of them seem to forget that.

wannabeeahack wrote:
why not just step away from the car to smoke or is that too difficult?


Irrelevant. We have courts of law to deal with such things.
These numpty councillors should get on with the jobs they were elected to do. Like emptying the bins and filling in potholes.

wannabeeahack wrote:
if you worked in an office/warehouse or factory you couldnt smoke on site could you, same thing int it


No it int.
If you worked in an office/warehouse or factory, you'd get a fixed penalty notice and a trip to court if you didn't pay it.
You wouldn't have to face a kangaroo court full of clueless councillors, sitting in judgement and assuming powers they don't have.

wannabeeahack wrote:
BTW, theres a "quote" button in each post for you to use...


Well aware of it, thanks :D

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 Post subject: Re: E7 vehicles
PostPosted: Sat Sep 28, 2013 8:38 pm 
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Its not a licensing matter then?

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 Post subject: Re: E7 vehicles
PostPosted: Sat Sep 28, 2013 10:01 pm 
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wannabeeahack wrote:
Its not a licensing matter then?


Only in so far as the licensee is fit and proper to hold the licence.

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 Post subject: Re: E7 vehicles
PostPosted: Sat Sep 28, 2013 10:43 pm 
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gusmac wrote:
wannabeeahack wrote:
Its not a licensing matter then?


Only in so far as the licensee is fit and proper to hold the licence.


there you go then, by breaking the rules they cant be fit+proper can they?

the alternative is anarchy

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 Post subject: Re: E7 vehicles
PostPosted: Sat Sep 28, 2013 11:39 pm 
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wannabeeahack wrote:
gusmac wrote:
wannabeeahack wrote:
Its not a licensing matter then?


Only in so far as the licensee is fit and proper to hold the licence.


there you go then, by breaking the rules they cant be fit+proper can they?

the alternative is anarchy


Are you really this dense?

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 Post subject: Re: E7 vehicles
PostPosted: Sun Sep 29, 2013 7:31 am 
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Crown court judges have sentencing guidelines http://sentencingcouncil.judiciary.gov.uk/sentencing-guidelines.htm when these are not followed the appeals court beckon ,are the licensing departments above the crown courts me thinks not .


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 Post subject: Re: E7 vehicles
PostPosted: Sun Sep 29, 2013 7:47 am 
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andycable wrote:
Crown court judges have sentencing guidelines http://sentencingcouncil.judiciary.gov.uk/sentencing-guidelines.htm when these are not followed the appeals court beckon ,are the licensing departments above the crown courts me thinks not .

They are guidelines not tramlines, i.e. they don't always have to be followed. Providing, that is, good reasons are given by the judges.

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 Post subject: Re: E7 vehicles
PostPosted: Sun Sep 29, 2013 8:08 am 
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Joined: Tue Apr 03, 2007 11:27 pm
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gusmac wrote:

wannabeeahack wrote:
if you worked in an office/warehouse or factory you couldnt smoke on site could you, same thing int it


No it int.
If you worked in an office/warehouse or factory, you'd get a fixed penalty notice and a trip to court if you didn't pay it.
You wouldn't have to face a kangaroo court full of clueless councillors, sitting in judgement and assuming powers they don't have.


Following on with this course, If the driver gets a fixed penalty notice and he discloses it to the council as per the law, The council then have to decide if, in their opinion, the driver is a fit and proper person to hold a license. Do you agree?
Assuming that you agree, The options open to the council are:-
1. Take no action.
2. Warn the driver about his future conduct.
3. Revoke the license.
Do you agree?
Assuming that you agree,
How many times do you think a council should use 1 and 2 on a driver before they use 3?

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 Post subject: Re: E7 vehicles
PostPosted: Sun Sep 29, 2013 8:55 am 
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Sussex wrote:
andycable wrote:
Crown court judges have sentencing guidelines http://sentencingcouncil.judiciary.gov.uk/sentencing-guidelines.htm when these are not followed the appeals court beckon ,are the licensing departments above the crown courts me thinks not .

They are guidelines not tramlines, i.e. they don't always have to be followed. Providing, that is, good reasons are given by the judges.



Why point out something out that is so obvious ..... unless your trying to look smart , correct they aren't tramlines , but I hardly think smoking in a no-smoking vehicle warrants a weeks ban when government legislation suggests a £200 fine reduced to £50 if paid early.


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 Post subject: Re: E7 vehicles
PostPosted: Sun Sep 29, 2013 10:30 am 
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andycable wrote:
but I hardly think smoking in a no-smoking vehicle warrants a weeks ban when government legislation suggests a £200 fine reduced to £50 if paid early.

What about repeat offenders? How many times does someone have to be caught before stronger action is needed?

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