Taxi Driver Online

UK cab trade debate and advice
It is currently Thu Apr 30, 2026 9:20 pm

All times are UTC [ DST ]




Post new topic Reply to topic  [ 51 posts ]  Go to page Previous  1, 2, 3, 4  Next
Author Message
PostPosted: Fri Apr 04, 2014 7:55 pm 
Offline

Joined: Tue Apr 29, 2008 4:06 pm
Posts: 24391
Location: Twixt Heaven and Hell, but nearest Hell
Sussex wrote:
grandad wrote:
It is not the fact that he is licensing in Rutland that is bothering me. It is the fact that he has not put the plate on the vehicle even though he knows that he should and he has the plate in the vehicle,

Sorry I got a bit waylaid, but there isn't a necessity to display the plate.

A few of my mates run legal PH without displaying their plates.


that depends on the LA's R&R though surely?

_________________
Of all the things ive lost, i miss my mind the most


Top
 Profile  
 
PostPosted: Fri Apr 04, 2014 8:40 pm 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
Sussex wrote:
grandad wrote:
It is not the fact that he is licensing in Rutland that is bothering me. It is the fact that he has not put the plate on the vehicle even though he knows that he should and he has the plate in the vehicle,

Sorry I got a bit waylaid, but there isn't a necessity to display the plate.

A few of my mates run legal PH without displaying their plates.

Quite probably, if they have an exemption. This vehicle is being used on a school run for the County Council and the County Council terms and condition stipulate that all vehicles used on their contracts must be identifiable by their plate.
Here is what the county Council stated about our draft policy.
Leicestershire County Council - School
contracts
There is potential for exemption from
displaying a plate for a vehicle having a
contract for more than 24 hours. The County
Council does require any private hire or
hackney carriage vehicle used on contract to
be clearly identifiable as such.

_________________
Grandad,


Top
 Profile  
 
PostPosted: Fri Apr 04, 2014 9:12 pm 
Offline
User avatar

Joined: Wed Sep 03, 2003 7:30 pm
Posts: 57350
Location: 1066 Country
wannabeeahack wrote:
that depends on the LA's R&R though surely?

Of course.

_________________
IDFIMH


Top
 Profile  
 
PostPosted: Fri Apr 04, 2014 9:14 pm 
Offline
User avatar

Joined: Wed Sep 03, 2003 7:30 pm
Posts: 57350
Location: 1066 Country
grandad wrote:
Quite probably, if they have an exemption. This vehicle is being used on a school run for the County Council and the County Council terms and condition stipulate that all vehicles used on their contracts must be identifiable by their plate.
Here is what the county Council stated about our draft policy.
Leicestershire County Council - School
contracts
There is potential for exemption from
displaying a plate for a vehicle having a
contract for more than 24 hours. The County
Council does require any private hire or
hackney carriage vehicle used on contract to
be clearly identifiable as such.

So it's not really a licensing issue, more a contract issue.

I suspect cost trumps contractible conditions in this instance.

_________________
IDFIMH


Top
 Profile  
 
PostPosted: Fri Apr 04, 2014 9:57 pm 
Offline
User avatar

Joined: Tue Oct 23, 2007 1:39 pm
Posts: 1582
Try this for size

Section 48

a) Subject to the provisions of this Part of this Act, no person shall use or
permit to be used in a controlled district as a private hire vehicle a vehicle in respect of which a licence has been granted under this section unless the plate or disc issued in accordance with subsection (5) of this section is exhibited on the vehicle in such manner as the district council shall prescribe by condition attached to the grant of the licence.
(b) If any person without reasonable excuse contravenes the provisions of this subsection he shall be guilty of an offence.


Top
 Profile  
 
PostPosted: Fri Apr 04, 2014 10:01 pm 
Offline
User avatar

Joined: Wed Sep 03, 2003 7:30 pm
Posts: 57350
Location: 1066 Country
Or this. :wink:

Section 75(3) Where a licence under section 48 of this Act is in force for a vehicle, the council which issued the licence may, by a notice in writing given to the proprietor of the vehicle, provide that paragraph (a) of subsection (6) of that section shall not apply to the vehicle on any occasion specified in the notice or shall not so apply while the notice is carried in the vehicle; and on any occasion on which by virtue of this subsection that paragraph does not apply to a vehicle section 54(2)(a) of this Act shall not apply to the driver of the vehicle.

_________________
IDFIMH


Top
 Profile  
 
PostPosted: Fri Apr 04, 2014 10:20 pm 
Offline
User avatar

Joined: Tue Oct 23, 2007 1:39 pm
Posts: 1582
Section73 is what we use for discreet ID on limos otherwise exec passengers might not hire a
merc/Bentley/rolls for a pose arrival with a ph plate front and back and a council sticker on the
doors etc etc etc...


Top
 Profile  
 
PostPosted: Sat Apr 05, 2014 9:51 am 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
Sussex wrote:
Or this. :wink:

Section 75(3) Where a licence under section 48 of this Act is in force for a vehicle, the council which issued the licence may, by a notice in writing given to the proprietor of the vehicle, provide that paragraph (a) of subsection (6) of that section shall not apply to the vehicle on any occasion specified in the notice or shall not so apply while the notice is carried in the vehicle; and on any occasion on which by virtue of this subsection that paragraph does not apply to a vehicle section 54(2)(a) of this Act shall not apply to the driver of the vehicle.

I am certain that this section does not apply to this vehicle. It is a 10 year old tourneo not an executive vehicle.

_________________
Grandad,


Top
 Profile  
 
PostPosted: Sat Apr 05, 2014 9:53 am 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
mancityfan wrote:
Try this for size

Section 48

a) Subject to the provisions of this Part of this Act, no person shall use or
permit to be used in a controlled district as a private hire vehicle a vehicle in respect of which a licence has been granted under this section unless the plate or disc issued in accordance with subsection (5) of this section is exhibited on the vehicle in such manner as the district council shall prescribe by condition attached to the grant of the licence.
(b) If any person without reasonable excuse contravenes the provisions of this subsection he shall be guilty of an offence.

I think this fits the bill. I will forward this to both District Councils and the County Council I will also take a copy into the 2 town police stations.

_________________
Grandad,


Top
 Profile  
 
PostPosted: Sun Apr 06, 2014 8:45 pm 
Offline
User avatar

Joined: Wed Sep 03, 2003 7:30 pm
Posts: 57350
Location: 1066 Country
grandad wrote:
Sussex wrote:
Or this. :wink:

Section 75(3) Where a licence under section 48 of this Act is in force for a vehicle, the council which issued the licence may, by a notice in writing given to the proprietor of the vehicle, provide that paragraph (a) of subsection (6) of that section shall not apply to the vehicle on any occasion specified in the notice or shall not so apply while the notice is carried in the vehicle; and on any occasion on which by virtue of this subsection that paragraph does not apply to a vehicle section 54(2)(a) of this Act shall not apply to the driver of the vehicle.

I am certain that this section does not apply to this vehicle. It is a 10 year old tourneo not an executive vehicle.

The act doesn't specify executive vehicle.

_________________
IDFIMH


Top
 Profile  
 
PostPosted: Mon Apr 07, 2014 4:56 am 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
Sussex wrote:
grandad wrote:
Sussex wrote:
Or this. :wink:

Section 75(3) Where a licence under section 48 of this Act is in force for a vehicle, the council which issued the licence may, by a notice in writing given to the proprietor of the vehicle, provide that paragraph (a) of subsection (6) of that section shall not apply to the vehicle on any occasion specified in the notice or shall not so apply while the notice is carried in the vehicle; and on any occasion on which by virtue of this subsection that paragraph does not apply to a vehicle section 54(2)(a) of this Act shall not apply to the driver of the vehicle.

I am certain that this section does not apply to this vehicle. It is a 10 year old tourneo not an executive vehicle.

The act doesn't specify executive vehicle.

The County Council conditions to do their work specify that the vehicle must display the plates. Our own Council conditions used to state that the exemption from displaying the plates was only valid whilst carrying out executive type work. When I had this exemption for one of my vehicles, I had to fix the plate to the back of the car when I did school work or similar work. I also had to use magnetic signs on the side of the vehicle to identify it as Private Hire.

_________________
Grandad,


Top
 Profile  
 
PostPosted: Fri Apr 11, 2014 5:36 am 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
grandad wrote:
mancityfan wrote:
Try this for size

Section 48

a) Subject to the provisions of this Part of this Act, no person shall use or
permit to be used in a controlled district as a private hire vehicle a vehicle in respect of which a licence has been granted under this section unless the plate or disc issued in accordance with subsection (5) of this section is exhibited on the vehicle in such manner as the district council shall prescribe by condition attached to the grant of the licence.
(b) If any person without reasonable excuse contravenes the provisions of this subsection he shall be guilty of an offence.

I think this fits the bill. I will forward this to both District Councils and the County Council I will also take a copy into the 2 town police stations.

Our Council's enforcement officer came to the school where this vehicle is being used for transporting students and spoke to the driver. I have received an email from her stating that the matter has been passed to Rutland.
Another case of passing the buck.
I have checked the licensing conditions for Rutland that state that the plate must be fixed to the outside of the vehicle and the County Council condition that states that the vehicle must be identifiable by the plate affixed to the outside of the vehicle. Our district is a controlled district so why can't our Council prosecute?
My insurance policy states that if I don't adhere to the Council conditions, IE. affix the plate to the vehicle, then my insurance will not cover the driver and vehicle. I assume that his insurance will be similar.

_________________
Grandad,


Top
 Profile  
 
PostPosted: Fri Apr 11, 2014 7:44 am 
Offline

Joined: Sat Aug 04, 2012 11:17 pm
Posts: 2712
Your council can indeed prosecute. As far as the law is concerned it is an unlicenced vehicle. What if it WAS indeed totally unlicenced? Would they not bother prosecuting on that basis?

Not all insurance policies are the same in their requirements. Mine says I am covered for the public or private hire for the carriage of passengers, no other conditions about licence or anything! It may have been worded that way to cover unlicenced wedding cars a well.


Top
 Profile  
 
PostPosted: Fri Apr 11, 2014 8:32 am 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
Here is the response from my Council.

We can see what you are saying, but in this case the enforcement is in relation to a condition attached to the grant of the licence – which is in Rutland.
As they set the conditions and they are breaching Rutland conditions, we consider that they have the enforcement powers.

And my reply.

Let me get this right.
The vehicle is being used as a private hire vehicle contrary to the license conditions of both Rutland and Melton. So effectively without displaying the plate it is an unlicensed vehicle that is being used for the carriage of passengers for hire or reward in a controlled district. Have you asked to see the insurance policy, not just the certificate because my own policy states that the insurance is not valid if the vehicle is not being operated within the conditions that are applicable. Maybe a report to the police may be in order.
It could be an interesting situation if the vehicle is involved in a fatal accident whilst on the school run and it is mentioned in court that Rutland County Council, Melton Borough Council and Leicestershire County Council all knew about the situation and none of them did anything about it.
The irony is that drivers can run around without a plate on the vehicle but get sent home to change a light bulb.

_________________
Grandad,


Top
 Profile  
 
PostPosted: Fri Apr 11, 2014 11:48 am 
Offline

Joined: Tue Apr 29, 2008 4:06 pm
Posts: 24391
Location: Twixt Heaven and Hell, but nearest Hell
I may have missed a few posts but shouldnt you be taking this up with Rutland?

_________________
Of all the things ive lost, i miss my mind the most


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 51 posts ]  Go to page Previous  1, 2, 3, 4  Next

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 129 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Jump to:  
Powered by phpBB® Forum Software © phpBB Group