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PostPosted: Fri May 08, 2015 8:40 pm 
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roythebus wrote:
"They" have been known to watch Restricted Operators and demanded to see invoices for minibus hire; bookings for taxi work etc. Like I said earlier, have a scan through RouteOne back issues to see how often restricted licence holders have lost their livelihoods through failing to obey the law.

There's a thread on here in the court case database I think regarding Wasteney. Have a read of that case, one of the worst case scenarios for a while involving minibuses/taxis/CT licences and no tachos.


Ok, so what would happen if you take a punter on a 2 hour trip to an Airport, You drop them off and you go Visit your Aunt Mary who lives near the Airport, that would turn the Return Journey into A Social, Domestic Pleasure run...and you can drive as much as you want as your not actually working.


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PostPosted: Sat May 09, 2015 7:17 am 
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There's case law that defines such journeys. I can't remember what it is, but I remember looking it up in 1975 for a case I was involved in regarding the "purpose" of a bus journey.

The coach I was driving went down a buses only road; I got nicked for driving down there in my little coach, going to collect a student group. Coaches weren't allowed there. I said National Express coaches go there. Hum. You were empty says the judge. So are corporation buses going empty from the garage to start their journey. The private hire I was going on, were the passengers paying separate fares? Adjournment for 8 weeks. No, the college paid for the trip. The case law used said that it was the ultimate purpose of the vehicle that counted. So, on a bus route, coach route or passengers paying separate fares, that was ok, but a privately hired coach was not allowed. I know the laws on bus lanes are now (sometimes) more clearly defined as any vehicle over 8 seats is a bus and are allowed to use bus lanes UNLESS the bus lane sign has the word LOCAL on it.

I'd suggest the same principle applies that once a taxi always a taxi UNLESS it has been withdrawn from service. You may be driving your taxi from the airport to aunty Mary, but you are still driving a taxi and could pick up another fare on the way back.

The same case law I looked up also dealt with tips to the driver as to whether or not they could be counted as separate fares for this purpose. It was decided that as they were given purely on a voluntary basis to the driver for good service and were not compulsory, they were not fares. The money had to go direct to the driver and could not be used as part payment for hire of the coach or its running costs.


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PostPosted: Sat May 09, 2015 2:12 pm 
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Why do people always look for a way around a law instead of just complying with the law?

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PostPosted: Sat May 09, 2015 4:09 pm 
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grandad wrote:
Why do people always look for a way around a law instead of just complying with the law?


Cos if there is a way around it then it probably is not a law, If theres no way around it then it is law..some folk just accept it as law when possibly isn't.


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PostPosted: Sat May 09, 2015 6:00 pm 
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grandad wrote:
Why do people always look for a way around a law instead of just complying with the law?

Because they have something in the locker that stops them complying.

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PostPosted: Sat May 09, 2015 7:34 pm 
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bloodnock wrote:
grandad wrote:
Why do people always look for a way around a law instead of just complying with the law?


Cos if there is a way around it then it probably is not a law, If theres no way around it then it is law..some folk just accept it as law when possibly isn't.

But this is the law and to break it is compromising passenger safety and anyone who is prepared to do that doesn't deserve to hold a license.

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PostPosted: Sat May 09, 2015 8:56 pm 
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grandad wrote:
bloodnock wrote:
grandad wrote:
Why do people always look for a way around a law instead of just complying with the law?


Cos if there is a way around it then it probably is not a law, If theres no way around it then it is law..some folk just accept it as law when possibly isn't.

But this is the law and to break it is compromising passenger safety and anyone who is prepared to do that doesn't deserve to hold a license.


But Driving a car for social, domestic or pleasure is not covered by HGV ot PSV driver hour rules...so my question was about Driving a PH or a Taxi for personal use which is not breaking the law either, many people just have one Vehicle that's both used for Work and for personal use when it's not working..I'ts not a case of trying to get around the law, It's more that it is not affected by the law.


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PostPosted: Sat May 09, 2015 9:32 pm 
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bloodnock wrote:

But Driving a car for social, domestic or pleasure is not covered by HGV ot PSV driver hour rules...so my question was about Driving a PH or a Taxi for personal use which is not breaking the law either, many people just have one Vehicle that's both used for Work and for personal use when it's not working..I'ts not a case of trying to get around the law, It's more that it is not affected by the law.

But in your scenario you were using the visit to your aunt to circumvent the law and as Roy has pointed out, there is case law covering this.

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PostPosted: Sun May 10, 2015 7:15 am 
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grandad wrote:
bloodnock wrote:

But Driving a car for social, domestic or pleasure is not covered by HGV ot PSV driver hour rules...so my question was about Driving a PH or a Taxi for personal use which is not breaking the law either, many people just have one Vehicle that's both used for Work and for personal use when it's not working..I'ts not a case of trying to get around the law, It's more that it is not affected by the law.

But in your scenario you were using the visit to your aunt to circumvent the law and as Roy has pointed out, there is case law covering this.


I was visting my Aunt, on the way back, but regardless of when i chose to to visit my Ayunt mary it was still not work, it was purely for pleasure as she's a lovely old soul.

Don't you ever visit family or friends on the way back from somewhere, or do you charge them for your time and then take it off your driver hours. Still, I'm not the perfect human like some on here.


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PostPosted: Sun May 10, 2015 8:43 pm 
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I wouldnt say that by putting this post up I would be wanting to get around the law far from it I just want to know how it works and how it affects me as a bus driver and a taxi driver.

It seems that if I wanted to work a saturday night in the bus from say 6pm - 4am as long as I had my breaks that would be fine, but if someone wanted a but say 12pm in the afternoon for a job that took an hour then am I correct in saying that I would have to be off the road by10pm? Just want to know if I would be able to do the afternoon job and the night shift or would I have to lose either the afternoon job or the nightshift etc?


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PostPosted: Mon May 11, 2015 5:13 am 
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wrexhamdriver wrote:
I wouldnt say that by putting this post up I would be wanting to get around the law far from it I just want to know how it works and how it affects me as a bus driver and a taxi driver.

It seems that if I wanted to work a saturday night in the bus from say 6pm - 4am as long as I had my breaks that would be fine, but if someone wanted a but say 12pm in the afternoon for a job that took an hour then am I correct in saying that I would have to be off the road by10pm? Just want to know if I would be able to do the afternoon job and the night shift or would I have to lose either the afternoon job or the nightshift etc?

Have you completed your driver CPC yet? I am sure that there is a module available that covers driver hours and tachos etc. That would be a very good place to ask your question. With the exception of Roy, I doubt that many on here actually have a proper minibus license. Our own minibus is driven by my wife and very rarely does anything but the school run. She has her taxi license as well but only drives a taxi/private hire vehicle occasionally. She probably only drives around 20 hours a week total.

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PostPosted: Mon May 11, 2015 9:42 am 
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Driver Hours is a complex matter. If the OP already has a PSV licence, then he ought to have some idea of those regulations. I took my PSV test in the early 1970s well before the invention of drivers hours regulations but have had to learn them since. As Grandad says, take a driver cpc module that cover that. If you haven't done any of the dcpc, then you can't drive for hire and reward anyway!

The law sometimes isn't the law and there can be contradictions, but drivers hours are quite clear as to what is "driving" and "work". I've told you as it is and what VOSA and the Traffic Commissioner look out for with restricted minibus operators. I'm not going to waste time arguing those points, especially when passenger safety is compromised.

You can't do a midday job then drive 1800-0400. You also couldn't do another job on the day you finish at 0400 until about 11 hours after that job finished. so the 0400 return pick-up may not finish until 0600, so no more work until 1700 at the earliest. "Work" includes all other paid work, driving/teaching/decorating/whatever.


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PostPosted: Mon May 11, 2015 10:03 am 
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wrexhamdriver wrote:
I wouldnt say that by putting this post up I would be wanting to get around the law far from it I just want to know how it works and how it affects me as a bus driver and a taxi driver.

It seems that if I wanted to work a saturday night in the bus from say 6pm - 4am as long as I had my breaks that would be fine, but if someone wanted a but say 12pm in the afternoon for a job that took an hour then am I correct in saying that I would have to be off the road by10pm? Just want to know if I would be able to do the afternoon job and the night shift or would I have to lose either the afternoon job or the nightshift etc?


What year did you pass your PSV test allowing you to Drive a D1 for hire or reward?


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PostPosted: Mon May 11, 2015 12:46 pm 
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Here's a sample of the offences restricted minibus operators commit: http://www.route-one.net/legal/repute-a ... rettyPhoto


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PostPosted: Mon May 11, 2015 8:24 pm 
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bloodnock wrote:
grandad wrote:
Why do people always look for a way around a law instead of just complying with the law?


Cos if there is a way around it then it probably is not a law, If theres no way around it then it is law..some folk just accept it as law when possibly isn't.



fook me ive heard it all no..............

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