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PostPosted: Tue Nov 19, 2013 9:11 pm 
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grandad wrote:
Would you believe it!
http://www.ipswich.gov.uk/site/scripts/ ... geNumber=4

All drivers are issued with a badge, which bears their photograph and badge number. This must be worn in a visible location on their clothing while they are working.


Thank you Grandad. Just confirms that the blah blah act 1976 is open to interpretation by councils.


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PostPosted: Tue Nov 19, 2013 10:28 pm 
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romik wrote:
grandad wrote:
Would you believe it!
http://www.ipswich.gov.uk/site/scripts/ ... geNumber=4

All drivers are issued with a badge, which bears their photograph and badge number. This must be worn in a visible location on their clothing while they are working.


Thank you Grandad. Just confirms that the blah blah act 1976 is open to interpretation by councils.


It's also open to interpretation by the police and the courts. They may not agree with your council :shock:

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PostPosted: Tue Nov 19, 2013 10:34 pm 
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gusmac wrote:
romik wrote:
grandad wrote:
Would you believe it!
http://www.ipswich.gov.uk/site/scripts/ ... geNumber=4

All drivers are issued with a badge, which bears their photograph and badge number. This must be worn in a visible location on their clothing while they are working.


Thank you Grandad. Just confirms that the blah blah act 1976 is open to interpretation by councils.


It's also open to interpretation by the police and the courts. They may not agree with your council :shock:


You know anything is possible, but as it stands, according to MY conditions of licence I clearly did nothing wrong, I am a law abiding citizen ;)


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PostPosted: Tue Nov 19, 2013 10:37 pm 
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romik wrote:
gusmac wrote:
romik wrote:

Thank you Grandad. Just confirms that the blah blah act 1976 is open to interpretation by councils.


It's also open to interpretation by the police and the courts. They may not agree with your council :shock:


You know anything is possible, but as it stands, according to MY conditions of licence I clearly did nothing wrong, I am a law abiding citizen ;)


I believe the 1976 Act is statute law. That trumps bye-laws and licensing conditions :wink:

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PostPosted: Wed Nov 20, 2013 12:32 am 
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gusmac wrote:

I believe the 1976 Act is statute law. That trumps bye-laws and licensing conditions :wink:

Whilst I agree with you there, it just shows how easy it is to create a grey area.

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PostPosted: Wed Nov 20, 2013 1:12 am 
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gusmac wrote:
romik wrote:
grandad wrote:
Would you believe it!
http://www.ipswich.gov.uk/site/scripts/ ... geNumber=4

All drivers are issued with a badge, which bears their photograph and badge number. This must be worn in a visible location on their clothing while they are working.


Thank you Grandad. Just confirms that the blah blah act 1976 is open to interpretation by councils.


It's also open to interpretation by the police and the courts. They may not agree with your council :shock:


It would need agreement to prosecute by the CPS for a police action to reach the court wouldnt it?

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PostPosted: Wed Nov 20, 2013 1:31 am 
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grandad wrote:
Whilst I agree with you there, it just shows how easy it is to create a grey area.


or by inventing a grey area that doesn't exist :lol:

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PostPosted: Wed Nov 20, 2013 11:34 am 
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captain cab wrote:
grandad wrote:
Are you sure that you don't have to wear your badge whilst driving a licensed vehicle, even if you are not working?


benson vs boyce - I suspect you are correct.


I just read the opening comments of this case, totally irrelevant to my scenario, apples & oranges.


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PostPosted: Wed Nov 20, 2013 1:40 pm 
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romik wrote:

I just read the opening comments of this case, totally irrelevant to my scenario, apples & oranges.


you mean apart from the case proving that a private hire car is always a private hire car :roll: ](*,) ](*,)

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PostPosted: Wed Nov 20, 2013 3:10 pm 
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Unlike that hackney driver, I am licenced to drive a private hire vehicle, a simple fact that I didn't have a badge on me whilst being offshift does not make it illegal to be driven according to my council's conditions. Neither did I have any passengers in the car. How the councils want to approach each others conditions, legislations, etc is no concern of mine, it's their business. My council said that I did NOTHING wrong, it's there on the site. Braintree officers ought to know that different boroughs & districts have variations to 1976 act ie in Ipswich we are not allowed to have tinted windows, yet it's Ok to have tinted glass in Suffolk Coastal. Both Suffolk Coastal and IBC are within Suffolk county, yet have major differences in their conditions. No cabbie from Suffolk coastal is being stopped in Ipswich borough for having tinted glass, why? Because they are licenced outside IBC! Comprende?


captain cab wrote:
romik wrote:

I just read the opening comments of this case, totally irrelevant to my scenario, apples & oranges.


you mean apart from the case proving that a private hire car is always a private hire car :roll: ](*,) ](*,)


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PostPosted: Wed Nov 20, 2013 6:02 pm 
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I have to agree with the captain, you have to wear your badge at all times, I understand your point about various councils having different rules,but even they cannot change statute.


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PostPosted: Wed Nov 20, 2013 6:59 pm 
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mancityfan wrote:
I have to agree with the captain, you have to wear your badge at all times, I understand your point about various councils having different rules,but even they cannot change statute.


Let's go with this way of thought, but how was I supposed to know what I wasn't told about? If I commit a driving offense, then I would be to blame as I should have knowledge derived from the highway code, now imagine if each county had their own version of the highway code with variations, how could drivers be possibly be to blame for offences in counties/boroughs if in their county it's not considered to be an offense? It's nonsense IMO. No way I could have been detained as I am licensed to drive a private hire vehicle, can be easily established even by running insurance check as they all require copies of licences or no cover would be granted. Anyway, it can be argued about for a long time, but since Ipswich says we only need to wear badge during work who can blame ME for not wearing it offshift?


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PostPosted: Wed Nov 20, 2013 7:12 pm 
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Ignorance of the law is no defence :wink:

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PostPosted: Wed Nov 20, 2013 7:45 pm 
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gusmac wrote:
Ignorance of the law is no defence :wink:


In this instance, who is the more ignorant though? The council for saying that drivers don't need to wear their badge or the driver for believing them?

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PostPosted: Wed Nov 20, 2013 11:52 pm 
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romik wrote:
mancityfan wrote:
I have to agree with the captain, you have to wear your badge at all times, I understand your point about various councils having different rules,but even they cannot change statute.


Let's go with this way of thought, but how was I supposed to know what I wasn't told about? If I commit a driving offense, then I would be to blame as I should have knowledge derived from the highway code, now imagine if each county had their own version of the highway code with variations, how could drivers be possibly be to blame for offences in counties/boroughs if in their county it's not considered to be an offense? It's nonsense IMO. No way I could have been detained as I am licensed to drive a private hire vehicle, can be easily established even by running insurance check as they all require copies of licences or no cover would be granted. Anyway, it can be argued about for a long time, but since Ipswich says we only need to wear badge during work who can blame ME for not wearing it offshift?


I haven't worn a badge for 25 years - but it is on display :D

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