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PostPosted: Mon Sep 14, 2015 5:16 am 
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edders23 wrote:
But the point I was making why was it a police matter at what point was passenger or road safety compromised.

basically what this is saying is that if Jobsworth district council makes it a condition of license that you have to wear a pink shirt and pink trousers whilst driving and you turn out in grey trousers you can be prosecuted for no insurance because license conditions were breached this should not be the case. If whilst driving wearing grey trousers you have a prang would your insurance cover the prang if so then your insurance is valid. I personally think this is an abuse of the law your insurance should only be invalidated if you do something that is a real safety of the public issue

This was not a breach of "conditions" it was a breach of "bylaws". The 2 are not the same. I doubt that a Council would be able to get a bylaw through to say what colour shirt and trousers a driver wears but they could certainly put it in the conditions.

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PostPosted: Mon Sep 14, 2015 11:25 am 
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Sussex wrote:
Through not having proper insurance at a guess.

Nothing to do with not using the meter.

Non insurance is a police matter, non meter use is a council matter.


From my last but one Insurance, I am Hackney Driver, but my Broker confirms the change of the word Public for Private in the quote below.

Quote.

Limitations As To Use

Use for the business of the Policyholder as a Public Hire Licence Holder in accordance with the local licensing authority requirements including the carriage of passengers for hire and reward, including social domestic and pleasure purposes.

End Quote.


The important bit there is "in accordance with the local licensing authority requirements" so if a byelaw for the Hackney Driver (condition for PH) or a vehicle condition (for either) is transgressed, the Insurance is invalidated. QED.

My current Insurance has no such limitation.

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PostPosted: Mon Sep 14, 2015 11:30 am 
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The Bylelaws prosecution was for not using the meter the penalty points was road traffic act.

Why are the two linked ?

why should breaking a byelaw constitute an offense under the road traffic act unless passenger or general road safety is compromised ? I think this is something that should be looked at as in some cases it can be grossly unfair

And for that matter it might be interesting to look at the wording of this byelaw and see if similar exists locally

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PostPosted: Mon Sep 14, 2015 11:39 am 
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edders23 wrote:
And for that matter it might be interesting to look at the wording of this byelaw and see if similar exists locally

From the Byelaws in Wellingborough.

Quote.

5. The driver of a hackney carriage provided with a taximeter shall:-

(a) when standing or plying for hire, keep the key, flag or other device fitted in pursuance of the byelaw in that behalf locked in the position in which no fare is recorded on the face of the taximeter;

(b) before beginning a journey for which a fare is charged for distance and time, bring the machinery of the taximeter into action by moving the said key, flag or other device so that the word “HIRED” is legible on the face of the taximeter and keep the machinery of the taximeter in action until the termination of the hiring; and

(c) cause the dial of the taximeter to be kept properly illuminated throughout any part of a hiring which is between half-an-hour after sunset and half-an-hour before sunrise, and also at any other time at the request of the hirer.

End Quote.

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PostPosted: Mon Sep 14, 2015 2:01 pm 
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edders23 wrote:
The Bylelaws prosecution was for not using the meter the penalty points was road traffic act.

Why are the two linked ?

why should breaking a byelaw constitute an offense under the road traffic act unless passenger or general road safety is compromised ? I think this is something that should be looked at as in some cases it can be grossly unfair

And for that matter it might be interesting to look at the wording of this byelaw and see if similar exists locally

The wording on the insurance is what makes the difference.....

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PostPosted: Mon Sep 14, 2015 8:20 pm 
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edders23 wrote:
But the point I was making why was it a police matter at what point was passenger or road safety compromised.

His insurance might well have said something along the lines of 'you are insured providing you adhere to your local conditions/bylaws'.

If he was in breach of those insurance conditions then that is a police matter.

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PostPosted: Mon Sep 14, 2015 10:08 pm 
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Sussex wrote:
His insurance might well have said something along the lines of 'you are insured providing you adhere to your local conditions/bylaws'.

If he was in breach of those insurance conditions then that is a police matter.

A Local Authority is empowered as a prosecuting body, it does not have to be via the Police and CPS. Therefore it is not necessarily a Police matter.

It is usually for Byelaw matters that LA's assume prosecution responsibility, I would agree, but not always.

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PostPosted: Tue Sep 15, 2015 11:20 am 
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Chris the Fish wrote:
edders23 wrote:
And for that matter it might be interesting to look at the wording of this byelaw and see if similar exists locally

From the Byelaws in Wellingborough.

Quote.

5. The driver of a hackney carriage provided with a taximeter shall:-

(a) when standing or plying for hire, keep the key, flag or other device fitted in pursuance of the byelaw in that behalf locked in the position in which no fare is recorded on the face of the taximeter;

(b) before beginning a journey for which a fare is charged for distance and time, bring the machinery of the taximeter into action by moving the said key, flag or other device so that the word “HIRED” is legible on the face of the taximeter and keep the machinery of the taximeter in action until the termination of the hiring; and

(c) cause the dial of the taximeter to be kept properly illuminated throughout any part of a hiring which is between half-an-hour after sunset and half-an-hour before sunrise, and also at any other time at the request of the hirer.

End Quote.



Our councils byelaws are not published on their website or anywhere else I have found i think you have to write requesting a copy

Most meters don't display the word hired there is just an led against the word printed on it the wording of this byelaw is a little antiquated

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PostPosted: Tue Sep 15, 2015 11:05 pm 
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You are right, they are not there on the website. Perhaps you should ask them to put them on there, for ease of access.

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