Taxi Driver Online

UK cab trade debate and advice
It is currently Thu Apr 30, 2026 9:27 pm

All times are UTC [ DST ]




Post new topic Reply to topic  [ 32 posts ]  Go to page Previous  1, 2, 3  Next
Author Message
 Post subject: Re: Lets
PostPosted: Mon Jul 14, 2014 9:36 pm 
Offline
User avatar

Joined: Tue Oct 23, 2007 1:39 pm
Posts: 1582
wannabeeahack wrote:
mancityfan wrote:
Most people probably do not know that VOSA examiners "MUST" if requested, allow any non commercial vehicle, i.e. any passenger car to have a deferred test.
That means you can tell them to shove it, and arrange a test of you car in the next month, at a convenient time.
See Road Traffic Act 1988


and what do you tell the copper?.....who can you stop checking your car if stopped....


I tell him serve a section 68 notice on me or let me go. :D


Top
 Profile  
 
 Post subject: Re: Lets
PostPosted: Mon Jul 14, 2014 9:41 pm 
Offline
User avatar

Joined: Tue Oct 23, 2007 1:39 pm
Posts: 1582
roythebus wrote:
Let's look at ManCity's word "commercial". Look at the Lundberg case in recent EU law; that defines "commercial" and "non-commercial". In effect a taxi IS a commercial vehicle as it is being used for carrying passengers (or goods) for money. The Lundberg case is being used by the anti- s19 lobby to good effect at the moment to ensure that s19 minibuses are defined as "commercial" vehicles.

I'd say that VOSA/DVSA and the police can act on their own initiative to stop taxis and ph cars at any time and inspect them; they also have the right to issue an immediate prohibition to ANY defective vehicle, be it a private car or an articulated lorry regardless of use. Personally I wish there were more spot checks to get more defective vehicles off the road.

Ha, just found a précis of the case:
Case C-317/12: Judgment of the Court (Sixth Chamber) of 3 October 2013 (request for a preliminary ruling from the Svea hovrätt — Sweden) — Criminal proceedings against Daniel Lundberg (Road transport — Regulation (EC) No 561/2006 — Obligation to install recording equipment — Derogations in respect of the non-commercial carriage of goods — Concept — Carriage of goods by a private individual as part of his leisure activity as an amateur rally driver, financed in part by sponsorship from third parties)

A further letter in my possession from an EU official which I have been asked not to disclose yet says that the outcome of this judgement, although referring to the carriage of goods can also be applied to the carriage of passengers for money.


I guess that's the question, is a taxi or p/hire a commercial vehicle, you think if it's carrying passengers it is, so what if it's empty, and your using it social domestic and pleasure, what's the tax disc say, don't commercial vehicles pay more.?


Top
 Profile  
 
 Post subject: Re: Lets
PostPosted: Mon Jul 14, 2014 9:52 pm 
Offline

Joined: Tue Apr 29, 2008 4:06 pm
Posts: 24391
Location: Twixt Heaven and Hell, but nearest Hell
mancityfan wrote:
wannabeeahack wrote:
mancityfan wrote:
Most people probably do not know that VOSA examiners "MUST" if requested, allow any non commercial vehicle, i.e. any passenger car to have a deferred test.
That means you can tell them to shove it, and arrange a test of you car in the next month, at a convenient time.
See Road Traffic Act 1988


and what do you tell the copper?.....who can you stop checking your car if stopped....


I tell him serve a section 68 notice on me or let me go. :D


so you would prevent a police officer and/or a VOSA official and/or a LO from checking your cab?

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


Top
 Profile  
 
 Post subject: Re: Lets
PostPosted: Mon Jul 14, 2014 9:54 pm 
Offline

Joined: Tue Apr 29, 2008 4:06 pm
Posts: 24391
Location: Twixt Heaven and Hell, but nearest Hell
mancityfan wrote:

I guess that's the question, is a taxi or p/hire a commercial vehicle, you think if it's carrying passengers it is, so what if it's empty, and your using it social domestic and pleasure, what's the tax disc say, don't commercial vehicles pay more.?


Its a vehicle used in a commercial (i.e. business) context, it doesnt mean its a HGV used for H&R...


Commercial as in COMMERCE (put another way, whats a commercial property?)

Quote:
Commerce is the whole system of an economy that constitutes an environment for business. The system includes legal, economic, political, social, cultural and technological systems that are in operation in any country. Thus, commerce is a system or an environment that affects the business prospects of an economy or a nation-state. It can also be defined as a component of business which includes all activities, functions and institutions involved in transferring goods from producers to consumers.



Quote:
commercial (kəˈmɜːʃəl Pronunciation for commercial )
Definitions
adjective

of, connected with, or engaged in commerce; mercantile

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


Top
 Profile  
 
 Post subject: Re: Lets
PostPosted: Mon Jul 14, 2014 10:08 pm 
Offline
User avatar

Joined: Tue Oct 23, 2007 1:39 pm
Posts: 1582
and what do you tell the copper?.....who can you stop checking your car if stopped....[/quote]

I tell him serve a section 68 notice on me or let me go. :D[/quote]

so you would prevent a police officer and/or a VOSA official and/or a LO from checking your cab?[/quote]

No I would gladly let him test my vehicle, after all it's a free check, if they are doing checks I actively seek them out, but if it was not convenient for me I would, the police officer either has to serve a section 68 notice on me or let me go, or he could arrest me :D I wish.


Top
 Profile  
 
 Post subject: Re: Lets
PostPosted: Mon Jul 14, 2014 10:15 pm 
Offline
User avatar

Joined: Tue Oct 23, 2007 1:39 pm
Posts: 1582
Quote:
Commerce is the whole system of an economy that constitutes an environment for business. The system includes legal, economic, political, social, cultural and technological systems that are in operation in any country. Thus, commerce is a system or an environment that affects the business prospects of an economy or a nation-state. It can also be defined as a component of business which includes all activities, functions and institutions involved in transferring goods from producers to consumers.



Quote:
commercial (kəˈmɜːʃəl Pronunciation for commercial )
Definitions
adjective

of, connected with, or engaged in commerce; mercantile
[/quote]

Dear Public Carriage Office,
I understand that a cab is classed as a diesel car for road tax
purposes, that said could you confirmed that it is also classified
as a commercial vehicle , hence the special regulations and
training that a taxi driver has to follow.

Thanks for your help

Thank you for your email received by Transport for London (TfL) on 27
October 2011 asking for information about taxis and training for taxi
drivers.



Your request has been considered in accordance with the requirements of
the Freedom of Information (FOI) Act and TfL’s information access policy.



In answer to your questions:



· A Taxi is classified for type approval as an M1 vehicle so it is
not classified as a commercial vehicle, a taxi has an excise licence or
Vehicle Tax Class of Private Light Goods, Petrol Car or Diesel Car
dependent on age and/or make model.

·


Top
 Profile  
 
 Post subject: Re: Lets
PostPosted: Mon Jul 14, 2014 10:29 pm 
Offline
User avatar

Joined: Tue Oct 23, 2007 1:39 pm
Posts: 1582
HMRC considers a commercial vehicle to be a goods vehicle, rather than a passenger vehicle.?


Top
 Profile  
 
 Post subject: Re: Lets
PostPosted: Mon Jul 14, 2014 11:25 pm 
Offline

Joined: Sat Aug 04, 2012 11:17 pm
Posts: 2712
I think you'll find there's a difference between the definition of a commercial vehicle as defined by the TfL reply and the VRD and what the vehicle is actually being USED for.

As stated earlier, the Lundberg case defines that. If you are carrying people for money, then the vehicle is being USED commercially.

Another example, a privately preserved bus, class 5 test (non-psv, maybe not needing a test due to being pre-1960), VRD "historic", nil rate, being used to take people to a wedding for money. It is being used commercially and the driver/operator/registered keeper can be charged for doing so. The tax disc "says" it's not a bus..

And for going to or from a pick-up, there's a test case that dates back to the 1930s on that; that involved a bus going dead from its garage to pick up passengers on a bus route. On that dead journey it has to be driven by as driver with PSV entitlement, not an engineer because it was deemed that the dead journey was part of its ultimate purpose. So on that basis a taxi going along the road is still a taxi even if there's nobody in it, and is still being used commercially. He could be on the way to pick up a fare or be flagged on the way.

Again, if your car is properly maintained, why worry about the odd spot check?


Top
 Profile  
 
 Post subject: Re: Lets
PostPosted: Tue Jul 15, 2014 3:32 am 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
roythebus wrote:

Again, if your car is properly maintained, why worry about the odd spot check?

It is not the spot checks that I worry about. It is the inconvenient times of day that our council carry them out. Between 23.00 and 02.00 on a Saturday night is ridiculous.

_________________
Grandad,


Top
 Profile  
 
 Post subject: Re: Lets
PostPosted: Tue Jul 15, 2014 7:51 am 
Offline

Joined: Sat Aug 04, 2012 11:17 pm
Posts: 2712
grandad wrote:
roythebus wrote:

Again, if your car is properly maintained, why worry about the odd spot check?

It is not the spot checks that I worry about. It is the inconvenient times of day that our council carry them out. Between 23.00 and 02.00 on a Saturday night is ridiculous.

I'm usually tucked up in bed then. 8)

But there again it's probably the best time to catch those operating without licences etc. It's also the best time to catch those driving with defective lights. :shock:


Top
 Profile  
 
 Post subject: Re: Lets
PostPosted: Tue Jul 15, 2014 8:43 am 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
roythebus wrote:
grandad wrote:
roythebus wrote:

Again, if your car is properly maintained, why worry about the odd spot check?

It is not the spot checks that I worry about. It is the inconvenient times of day that our council carry them out. Between 23.00 and 02.00 on a Saturday night is ridiculous.

I'm usually tucked up in bed then. 8)

But there again it's probably the best time to catch those operating without licences etc. It's also the best time to catch those driving with defective lights. :shock:

Vehicles with defective lights can be seen easily and stopped by
the police. They do not require the vehicle to be removed from service for up to an hour at the busiest time of the week. Checks done at this time of night in our town are designed to cause as much disruption as possible. We do not have, nor have we ever had a problem with unlicensed drivers driving a licensed vehicle. We do however have a problem with drivers overcharging customers at that time of night but they will do nothing about that.

_________________
Grandad,


Top
 Profile  
 
 Post subject: Re: Lets
PostPosted: Tue Jul 15, 2014 3:42 pm 
Offline

Joined: Sat Aug 04, 2012 11:17 pm
Posts: 2712
There's a problem with unlicenced drivers in unlicenced vehicles in your area, you started another thread about it. :-o But that was at schooltime..


Top
 Profile  
 
 Post subject: Re: Lets
PostPosted: Tue Jul 15, 2014 4:38 pm 
Offline

Joined: Tue Apr 29, 2008 4:06 pm
Posts: 24391
Location: Twixt Heaven and Hell, but nearest Hell
roythebus wrote:
But there again it's probably the best time to catch those operating without licences etc. It's also the best time to catch those driving with defective lights. :shock:



2/3rds of the taxis here only work nights....

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


Top
 Profile  
 
 Post subject: Re: Lets
PostPosted: Tue Jul 15, 2014 5:29 pm 
Offline

Joined: Sat Aug 04, 2012 11:17 pm
Posts: 2712
Best time to catch them then. :badgrin:


Top
 Profile  
 
 Post subject: Re: Lets
PostPosted: Tue Jul 15, 2014 5:30 pm 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
roythebus wrote:
There's a problem with unlicenced drivers in unlicenced vehicles in your area, you started another thread about it. :-o But that was at schooltime..

Unlicensed drivers and unlicensed vehicles are not being stopped in these checks though. It is only Hackney plated vehicles from our own area that get checked. Correct me if I am wrong but the council can only check vehicles that are licensed by themselves, which by definition EXCLUDES unlicensed vehicles and vehicles licensed by another area.

_________________
Grandad,


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 32 posts ]  Go to page Previous  1, 2, 3  Next

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 113 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