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 Post subject: Re: Do you think
PostPosted: Tue Nov 05, 2013 11:43 pm 
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captain cab wrote:
charles007 wrote:
This post is not about if its a fail

But why does the plate have to come off is it right they can remove the plate

why does the Vehcile need suspending

this is what I think

1) the plate can not be removed unless the consent of the owner is given.
2) The vehcile is failed but why does it not need to be suspeneded

Well I disergree yes fail it, but the rest is unnetessary.



you need PB to explain it to you :wink:


Yes we have spoke but we are like ships in the night we can get the time to speck more than a few minits

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 Post subject: Re: Do you think
PostPosted: Wed Nov 06, 2013 4:55 am 
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charles007 wrote:
Undear section 68 there is no power to remove a plate, if suspended you have no right of appeal tp the courts

If a license is suspended but the plate is not removed, how are the public supposed to know that the vehicle is not to be used?

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 Post subject: Re: Do you think
PostPosted: Wed Nov 06, 2013 8:45 am 
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grandad wrote:
charles007 wrote:
Undear section 68 there is no power to remove a plate, if suspended you have no right of appeal tp the courts

If a license is suspended but the plate is not removed, how are the public supposed to know that the vehicle is not to be used?



I didn't write the act - but there has to be a mechanism for appeal.

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 Post subject: Re: Do you think
PostPosted: Wed Nov 06, 2013 11:34 am 
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Under section 58 of the LGMP act 1976, the plate may only be returned to the (by written notice, after which the licence holder has seven days from the service of notice in which to do this) for three reasons:- the revocation of the licence, the expiry of the licence, or the suspension of the licence under a section 68 notice of mechanical fault on the vehicle or it's meter.
In order to remove the plate under revocation or expiry, the council has to comply with section 60 of the 1976 act, thus giving rise to the licence holders right to continue working under section 77.
further you have right of appeal under section 300-302 of the public health act 1936, and your right to carry on working under section 77 of the 1976 act.
Technically you in driving the vehicle without the plate displayed, could be deemed to be committing an offence- as a result of the actions of the council in removing it unlawfully.
The above relates to p/hire. There are similar acts relating to hackney.


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 Post subject: Re: Do you think
PostPosted: Wed Nov 06, 2013 11:40 am 
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mancityfan wrote:
Under section 58 of the LGMP act 1976, the plate may only be returned to the (by written notice, after which the licence holder has seven days from the service of notice in which to do this) for three reasons:- the revocation of the licence, the expiry of the licence, or the suspension of the licence under a section 68 notice of mechanical fault on the vehicle or it's meter.
In order to remove the plate under revocation or expiry, the council has to comply with section 60 of the 1976 act, thus giving rise to the licence holders right to continue working under section 77.
further you have right of appeal under section 300-302 of the public health act 1936, and your right to carry on working under section 77 of the 1976 act.
Technically you in driving the vehicle without the plate displayed, could be deemed to be committing an offence- as a result of the actions of the council in removing it unlawfully.
The above relates to p/hire. There are similar acts relating to hackney.



=D> =D> =D>

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 Post subject: Re: Do you think
PostPosted: Wed Nov 06, 2013 11:28 pm 
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turn it around

your a LO and you check a vehicle and find it has lights not working and a bald tyre

how can you stop the vehicle working?

plates are mounted on the vehicle exterior for a reason, rather than inside like a tax disc

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 Post subject: Re: Do you think
PostPosted: Wed Nov 06, 2013 11:29 pm 
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charles007 wrote:
Undear section 68 there is no power to remove a plate, if suspended you have no right of appeal tp the courts undear 68, you may havea right to JR the policy?, that is why the council use it , who ever niether ahve they any power undear 68 to remove a plate unless permission is granted by the owner not the driver the owner.


the car OWNER is never the PLATE owner, just licensed to use it

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 Post subject: Re: Do you think
PostPosted: Thu Nov 07, 2013 5:14 pm 
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Removal of plate = section 58 applies therefore a formal section 68 notice
MUST have been issued or section 58 would not apply unless licence had
expired or been revoked. (if revoked then formal notice should also
been given in writing to include the right of appeal).
So no 68 = no 58 and if 68 was issued then a formal 58 notice would also
have been required.
Simples :D


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 Post subject: Re: Do you think
PostPosted: Thu Nov 07, 2013 5:35 pm 
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If a vehicle is deemed unsafe by a licensing or enforcement officer, what powers do they have to remove the vehicle from the road immediatley?

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 Post subject: Re: Do you think
PostPosted: Thu Nov 07, 2013 5:36 pm 
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grandad wrote:
If a vehicle is deemed unsafe by a licensing or enforcement officer, what powers do they have to remove the vehicle from the road immediatley?



aint that a matter for the police or vosa?

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 Post subject: Re: Do you think
PostPosted: Thu Nov 07, 2013 5:39 pm 
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captain cab wrote:
grandad wrote:
If a vehicle is deemed unsafe by a licensing or enforcement officer, what powers do they have to remove the vehicle from the road immediatley?



aint that a matter for the police or vosa?

I know that the police and VOSA can issue a PG9 but what, if anything can a licensing officer do? And if a PG9 is issued, can a licensing officer then remove the plate?

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 Post subject: Re: Do you think
PostPosted: Thu Nov 07, 2013 5:52 pm 
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grandad wrote:
captain cab wrote:
grandad wrote:
If a vehicle is deemed unsafe by a licensing or enforcement officer, what powers do they have to remove the vehicle from the road immediatley?



aint that a matter for the police or vosa?

I know that the police and VOSA can issue a PG9 but what, if anything can a licensing officer do? And if a PG9 is issued, can a licensing officer then remove the plate?


No he can't.Technically you in driving the vehicle without the plate displayed, could be deemed to be committing an offence- as a result of the actions of the council in removing it unlawfully.


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 Post subject: Re: Do you think
PostPosted: Thu Nov 07, 2013 5:55 pm 
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mancityfan wrote:
grandad wrote:
I know that the police and VOSA can issue a PG9 but what, if anything can a licensing officer do? And if a PG9 is issued, can a licensing officer then remove the plate?


No he can't.Technically you in driving the vehicle without the plate displayed, could be deemed to be committing an offence- as a result of the actions of the council in removing it unlawfully.
If the vehicle is the subject of a PG9 it is not allowed to be driven on the road.

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 Post subject: Re: Do you think
PostPosted: Thu Nov 07, 2013 5:56 pm 
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grandad wrote:
If the vehicle is the subject of a PG9 it is not allowed to be driven on the road.


But it is still licensed and subject to an appeals procedure.

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 Post subject: Re: Do you think
PostPosted: Thu Nov 07, 2013 6:02 pm 
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captain cab wrote:
grandad wrote:
If the vehicle is the subject of a PG9 it is not allowed to be driven on the road.


But it is still licensed and subject to an appeals procedure.


surely THE law out ranks licensing law?

i.e. its a taxi with no insurance, its being seized under section 165A of the Road Traffic Act 1988 plate or no plate

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