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PostPosted: Fri Apr 03, 2015 6:09 pm 
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captain cab wrote:
mancityfan wrote:
I think there should be an operating address for an operators licence, and it should be in the area of the issuing authority.



I agree

I mean the proviso - any complaints contact acme enterprises, silicon valley, California cant be good.


Clearly, but, any Uk address should be sufficient

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PostPosted: Fri Apr 03, 2015 6:43 pm 
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mancityfan wrote:
I think there should be an operating address for an operators licence, and it should be in the area of the issuing authority.

I think Uber are doing that down here, but it's not an office in the true sense, it's a computer/server sitting in the corner of a room.

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PostPosted: Fri Apr 03, 2015 6:44 pm 
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toots wrote:


christopherwk wrote:
An office in the area is required. It needs to be for the drivers to submit their documents and other admin, collect the Uber iPhone, and any general queries which require human contact. Even if it's just a room in a block of serviced offices/block, with a couple of people there
.

Do they have to have an Uber iphone? A lot of Apps are just downloaded to any iphone, here all licenses can be checked online live from the council so a permanent office isn't necessary or they could just hire a room in a local hotel :wink:


No, you can use your own phone if it's compatible - search for Uber driver on Google Play/appstore. Some drivers may not want to invest in a phone and need to use one of theirs, I suppose they could post it out.

I suppose initially, you've got to come in an office of some sort to do some admin, for Exec and Lux in London you have to do a test, and they'll do a presentation on how the Uber and its' app works.


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PostPosted: Fri Apr 03, 2015 6:46 pm 
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toots wrote:
captain cab wrote:
mancityfan wrote:
I think there should be an operating address for an operators licence, and it should be in the area of the issuing authority.



I agree

I mean the proviso - any complaints contact acme enterprises, silicon valley, California cant be good.


Clearly, but, any Uk address should be sufficient


Nope :D Let me first of all say that Bolton indeed every other council that licenses private hire vehicles and operators — is legally "a controlled district". Under the Local Government (Miscellaneous Provisions) Act 1976, within section 80 a controlled district means: "any area for which this Part of this Act is in force by virtue of a resolution passed by a district council under section 45 of this Act."
Section ​45, regardless of the legal requirement for advertising and resolving of the provisions, sets a relevant area. That relevant area is defined thus in section 45(2):

(a) "if the Act of 1847 is in force throughout the area of the council, that area; and
(b) if the Act of 1847 is in force for part only of the area of the council, that part of ​that area."

I automatically assume that at some stage Boltonhas formally adopted the 1976 Act, and if so, then section 80(2) comes

"In this Part of this Act references to a licence, in connection with a controlled district, are references to a licence issued by the council whose area consists of or includes that district, and "licensed" shall be construed accordingly."
Without delving deeper into quoting the legislation "the area" is set by the 1847 Act, which in turn was defined by section 15 of the Transport Act 1985 which set the boundaries for the whole of the council's area.
In Section 57 of the 1976 Act, and the wording of that Act which appears to have confused many as to where they can issue licences.
Let me first say that section 57 is NOT a section of the Act which applies to the setting of conditions, or anything other than the power to request information. And that information is only available for local authorities to decide whether to issue a licence or not, as the case may be.
The confusing wording is contained in section (2)(b)(ii): the words are "the address or addresses, whether within the council or not, for which he intends to carry on a business in connection with private hire vehicles licensed under this Part of this Act."
In, Murtagh —v- Bromsgrove, the issue of the wording of section 57 was raised on behalf of the Appellant in an attempt to protect their position. when the suggestion that section 57 meant that licences could be issued outside the area was dismissed in a single sentence, with raised eyebrows as to why anyone should suggest that this was the case, by Lord Justice Kennedy, who said: "This information would merely allow a local authority to decide whether to issue a licence or not, and if the application was from outside the area it would be automatically refused."
but the most important aspect would be that the staff of Bolton licensing department are not authorised officers of the surrounding districts, as required by the legislation, and effectively they have no measure of control over any operation, the recording of any records, the access to those records.
Quite clearly even the testing of vehicles is restricted under section 50 of the 1976 Act to "at such place within the area of the council".


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PostPosted: Fri Apr 03, 2015 6:55 pm 
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Sussex wrote:
mancityfan wrote:
I think there should be an operating address for an operators licence, and it should be in the area of the issuing authority.

I think Uber are doing that down here, but it's not an office in the true sense, it's a computer/server sitting in the corner of a room.


The council should be worried that they won't have access to the records, but yet again we have technology overtaking legislation, but our legislation is what we have to work with,and so will uber.


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PostPosted: Fri Apr 03, 2015 7:00 pm 
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mancityfan wrote:
Sussex wrote:
mancityfan wrote:
I think there should be an operating address for an operators licence, and it should be in the area of the issuing authority.

I think Uber are doing that down here, but it's not an office in the true sense, it's a computer/server sitting in the corner of a room.


The council should be worried that they won't have access to the records, but yet again we have technology overtaking legislation, but our legislation is what we have to work with,and so will uber.


If a council wants to check records it should be able to walk into an office and check them - likewise with the police.

Relying on the honesty of a company to prove their driver wasn't busy raping someone doesn't seem right.

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PostPosted: Fri Apr 03, 2015 7:10 pm 
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mancityfan wrote:
Sussex wrote:
mancityfan wrote:
I think there should be an operating address for an operators licence, and it should be in the area of the issuing authority.

I think Uber are doing that down here, but it's not an office in the true sense, it's a computer/server sitting in the corner of a room.


The council should be worried that they won't have access to the records, but yet again we have technology overtaking legislation, but our legislation is what we have to work with,and so will uber.


They don't need to walk into the office they have access or should have access via the App, what's the problem with that?

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PostPosted: Fri Apr 03, 2015 7:22 pm 
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Bolton Terms and conditions attached to a Licence to Operate
11. Inspections
Access to the licensed premises shall be given to an Authorised Officer of the Council or a Police Constable at all reasonable times and all records which are required to be kept by this licence shall be held on the premises to which the licence relates and available for inspection.

Premises used by the Licensee for the purposes of their business as a Private Hire Vehicle Operator must have the appropriate planning permission for such use and any conditions or restrictions contained in the granting of planning permission shall be complied with fully

Acceptance of Hirings
The Licensee shall ensure that adequate staff and telephones are available to provide an efficient service.
No hiring shall be accepted other than by staff based at the premises from which the Licensee is permitted to operate his business by this Licence, and who are employed for that purpose.
The use of ‘call forwarding’ facilities or any other variation from 24(b) shall not be permitted except with the written permission of the Council

When a hiring is accepted the Licensee shall immediately cause to be made (before commencement of the
journey), a permanent record of the details of the hiring. Such record shall contain all the details prescribed below
in full and, where the record is written it must be made in ink:
i. The day and date
ii. The full name of the person or organisation making the booking
iii. The name of the person travelling and the number of passengers
iv. How the booking was received
v. Time of pick-up
vi. Point of pick-up
vii. Destination
viii. Information to indicate vehicle used and driver
ix. Remarks including details of any sub-contract
x. The person taking the booking
xi. If a fare is agreed for the journey, the amount
The records detailed above shall be kept for a period of not less than six months from the date to which the latest record relates.

STANDARD FARES
26.
Fares
The Licensee shall inform the Council, in writing, of the normal scale of fares which will be charged by all vehicles operated under the authority of this Licence.
The method of calculation of fares shall be from point of picking up to point of dropping off. ‘Round Trip’ or ’Office to Office’ methods of calculating fares shall not be permitted.
The Licensee shall give the Council at least seven working days notice in writing of any changes to the scale of fares or method calculation.
Agreed Fares
Fares for all hirings shall be calculated in accordance with the method detailed in paragraph 26 above unless a fare is agreed at the time the hiring is made and such fare is recorded in accordance with paragraph 25.


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PostPosted: Fri Apr 03, 2015 7:29 pm 
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The council should be worried that they won't have access to the records, but yet again we have technology overtaking legislation, but our legislation is what we have to work with,and so will uber.[/quote]

They don't need to walk into the office they have access or should have access via the App, what's the problem with that?[/quote]

They don't legally have access to a computer,app, ect in California, or even bury,or liverpool. That's the problem, but in Bolton they have control. It looks like there's just me and the captain that gets this one :D


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PostPosted: Fri Apr 03, 2015 7:33 pm 
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But having said all that, here's the best bit,uber don't need an operators licence :D


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PostPosted: Fri Apr 03, 2015 7:52 pm 
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mancityfan wrote:
They don't legally have access to a computer,app, ect in California, or even bury,or liverpool. That's the problem, but in Bolton they have control. It looks like there's just me and the captain that gets this one


It's perfectly easy to give them access, so perhaps they should ask for it. If you and the captain are the only two to get it then perhaps you should explain it so us mere mortals can understand :wink:

mancityfan wrote:
But having said all that, here's the best bit,uber don't need an operators licence


The only way I can see that is if they work through an already existing operator and again perhaps it would be considered polite for you to explain :D

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PostPosted: Fri Apr 03, 2015 9:15 pm 
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toots wrote:
mancityfan wrote:
They don't legally have access to a computer,app, ect in California, or even bury,or liverpool. That's the problem, but in Bolton they have control. It looks like there's just me and the captain that gets this one


It's perfectly easy to give them access, so perhaps they should ask for it. If you and the captain are the only two to get it then perhaps you should explain it so us mere mortals can understand :wink:

Well case law says it has to be within, and I've already explained it :D
mancityfan wrote:
But having said all that, here's the best bit,uber don't need an operators licence


The only way I can see that is if they work through an already existing operator and again perhaps it would be considered polite for you to explain :D

Yes that would work as well, but it's not what uber would want, they would want full control.


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PostPosted: Fri Apr 03, 2015 9:18 pm 
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toots wrote:
mancityfan wrote:
They don't legally have access to a computer,app, ect in California, or even bury,or liverpool. That's the problem, but in Bolton they have control. It looks like there's just me and the captain that gets this one


It's perfectly easy to give them access, so perhaps they should ask for it. If you and the captain are the only two to get it then perhaps you should explain it so us mere mortals can understand :wink:

mancityfan wrote:
But having said all that, here's the best bit,uber don't need an operators licence


The only way I can see that is if they work through an already existing operator and again perhaps it would be considered polite for you to explain :D

I get it as well. The easy answer to the "they don't need a license" in Bolton or any other city outside London could be because they hold a license in London and with one of those you can already sub contract to any other operator anywhere.

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PostPosted: Fri Apr 03, 2015 9:20 pm 
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mancityfan wrote:
But having said all that, here's the best bit,uber don't need an operators licence :D


that's confusing!

is this going down the route of them not being UK based?

but even then - if UBER don't need a license - how under the law can a PHV accept the work?

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PostPosted: Fri Apr 03, 2015 9:33 pm 
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grandad wrote:
toots wrote:
mancityfan wrote:
They don't legally have access to a computer,app, ect in California, or even bury,or liverpool. That's the problem, but in Bolton they have control. It looks like there's just me and the captain that gets this one


It's perfectly easy to give them access, so perhaps they should ask for it. If you and the captain are the only two to get it then perhaps you should explain it so us mere mortals can understand :wink:

mancityfan wrote:
But having said all that, here's the best bit,uber don't need an operators licence


The only way I can see that is if they work through an already existing operator and again perhaps it would be considered polite for you to explain :D

I get it as well. The easy answer to the "they don't need a license" in Bolton or any other city outside London could be because they hold a license in London and with one of those you can already sub contract to any other operator anywhere.


So they work through an already existing operator, haven't I just said that.

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