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 Post subject: opinions
PostPosted: Sun Mar 20, 2016 11:13 am 
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The matter of hacks working (albeit as PH only via a base) in a LA they are not plated for


Rossendale have tried (are trying) to add a caveat that whoever they licence should "work predominantly in the area (Rossendale)" and would have to declare such on applications and renewals, fibbing meaning they would not be "fit and proper" I assume.


question, would this be a requirement for driver or vehicle licences or both?

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 Post subject: Re: opinions
PostPosted: Sun Mar 20, 2016 11:43 am 
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wannabeeahack wrote:
The matter of hacks working (albeit as PH only via a base) in a LA they are not plated for


Rossendale have tried (are trying) to add a caveat that whoever they licence should "work predominantly in the area (Rossendale)" and would have to declare such on applications and renewals, fibbing meaning they would not be "fit and proper" I assume.


question, would this be a requirement for driver or vehicle licences or both?

The driver and vehicle must be licensed by the same authority so I would say both.

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 Post subject: Re: opinions
PostPosted: Sun Mar 20, 2016 11:55 am 
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can a LA attach conditions to vehicle AND driver licences (hacks)?

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 Post subject: Re: opinions
PostPosted: Sun Mar 20, 2016 4:04 pm 
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wannabeeahack wrote:
can a LA attach conditions to vehicle AND driver licences (hacks)?

Conditions on Vehicle, yes.

Conditions on Taxi Driver, no. The Byelaws rule Taxi Drivers.

(You didn't ask, but conditions on PH Driver, yes.)

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 Post subject: Re: opinions
PostPosted: Sun Mar 20, 2016 4:44 pm 
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so all it needs is a few lines added to the regs+byelaws and it might stop em

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 Post subject: Re: opinions
PostPosted: Sun Mar 20, 2016 5:28 pm 
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wannabeeahack wrote:
so all it needs is a few lines added to the regs+byelaws and it might stop em

You only need it in the vehicle conditions, to change a Byelaw takes ages and costs a fortune, the fortune required would then be collected via Licence fees.
It is quite likely already enshrined in the vehicle conditions.

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 Post subject: Re: opinions
PostPosted: Sun Mar 20, 2016 6:39 pm 
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Chris the Fish wrote:
wannabeeahack wrote:
can a LA attach conditions to vehicle AND driver licences (hacks)?

Conditions on Vehicle, yes.

Conditions on Taxi Driver, no. The Byelaws rule Taxi Drivers.

(You didn't ask, but conditions on PH Driver, yes.)

From the above, obviously you can put conditions on the license of drivers with duel hackney/ph licenses like ours.

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 Post subject: Re: opinions
PostPosted: Sun Mar 20, 2016 6:49 pm 
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grandad wrote:
Chris the Fish wrote:
wannabeeahack wrote:
can a LA attach conditions to vehicle AND driver licences (hacks)?

Conditions on Vehicle, yes.

Conditions on Taxi Driver, no. The Byelaws rule Taxi Drivers.

(You didn't ask, but conditions on PH Driver, yes.)

From the above, obviously you can put conditions on the license of drivers with duel hackney/ph licenses like ours.



lets get this party started...........

http://www.nalc.gov.uk/

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 Post subject: Re: opinions
PostPosted: Sun Mar 20, 2016 9:16 pm 
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This is the reason why a TAXI driver must not accept a combined license (badge).Councils attach conditions to a combined license but cannot do so to a stand alone TAXI driver license(badge).

If you have a problem with a Council only issuing a combined license(badge) they are acting outside the Law and demand that they issue you the applicant with a TAXI driver license(badge)only.


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 Post subject: Re: opinions
PostPosted: Sun Mar 20, 2016 9:32 pm 
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[quote="heathcote"]This is the reason why a TAXI driver must not accept a combined license (badge).Councils attach conditions to a combined license but cannot do so to a stand alone TAXI driver license(badge).

If you have a problem with a Council only issuing a combined license(badge) they are acting outside the Law and demand that they issue you the applicant with a TAXI driver license(badge)only.[/quoteThe problem is that drivers don't see the problem. They just see the saving on fees. Where is the actual law that says that duel badges are illegal?

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 Post subject: Re: opinions
PostPosted: Sun Mar 20, 2016 9:38 pm 
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grandad wrote:
Chris the Fish wrote:
wannabeeahack wrote:
can a LA attach conditions to vehicle AND driver licences (hacks)?

Conditions on Vehicle, yes.

Conditions on Taxi Driver, no. The Byelaws rule Taxi Drivers.

(You didn't ask, but conditions on PH Driver, yes.)

From the above, obviously you can put conditions on the license of drivers with duel hackney/ph licenses like ours.

The problem with the "Dual Badge" is that Hackney Drivers are (in my opinion) illegally ruled by conditions.

Taxi Drivers are licensed under the TPCA 1847.

Private Hire Drivers are licensed under the MPA 1976 (or PCCA 1975 in Plymouth).

Different Acts, different licenses.

None of the Acts set out "Dual Licensing" - but nor do they ban it to be fair.

As a result Taxi Drivers end up paying for PH functions, and PH end up paying for Ranks etc. LA Taxi and PH "Ring fenced" Accounts are a nightmare, who is paying for what?

A scenario - your LA decide to put in "conditions" that all drivers will wear pink shorts. Should a driver who only drives a Taxi have to comply? He or she will have to if it is a "Dual Badge". He or she can wear blue, green or yellow shorts, even big boys long trousers if governed by Byelaws.

Byelaws are not updated often as it costs a fortune, takes ages and can fail at several of the steps to get them. Conditions can be changed virtually on a whim of the LA.

Dual Badges are a bad, bad idea.

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 Post subject: Re: opinions
PostPosted: Sun Mar 20, 2016 9:42 pm 
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grandad wrote:
heathcote wrote:
This is the reason why a TAXI driver must not accept a combined license (badge).Councils attach conditions to a combined license but cannot do so to a stand alone TAXI driver license(badge).

If you have a problem with a Council only issuing a combined license(badge) they are acting outside the Law and demand that they issue you the applicant with a TAXI driver license(badge)only.[/quoteThe problem is that drivers don't see the problem. They just see the saving on fees. Where is the actual law that says that duel badges are illegal?

Quotes got a bit mixed up there, but I think you are asking "What makes Dual Illegal".

The answer is easy, nothing.

But the better answer is to insist on the License that you want - in my case "I ONLY WANT A TAXI DRIVER LICENCE", in accordance with the TPCA 1847.

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 Post subject: Re: opinions
PostPosted: Sun Mar 20, 2016 10:29 pm 
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Chris the Fish wrote:
[

But the better answer is to insist on the License that you want - in my case "I ONLY WANT A TAXI DRIVER LICENCE", in accordance with the TPCA 1847.

Can you do this if your LA only issue duel licenses? Would they have to issue just a hackney license?

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 Post subject: Re: opinions
PostPosted: Sun Mar 20, 2016 10:52 pm 
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I will be brutally honest, you would have to ask.

It does not affect me, here, as most places, they are separate.

I strongly think that if they refused, a disgruntled Driver would immediately lodge an appeal at the Magistrates, the LA would have to find a way to Licence the Appellant until the Appeal is heard. I strongly think the Driver would be found to be correct. As a result the LA would have to Licence, in what I consider, to be the correct way. This would not set a precedent.

If the LA appealed the Magistrates decision (I do not think they would) the finding in the higher Court would set a precedent. This would mean that all other LA's that issue Dual Badges would have to consider their position and correct their policies.

If one Driver achieved the aim in your locale, then others (in both Trades) would rightly expect that theirs too would be a badge for only their chosen vocation.

I like extreme scenarios, so try this one:

The LA decide to combine another licensing function or two......
.............so next time you renew your Drivers badge you find that you now have a Game Trading licence in case you decide to work in a butchers shop and..........
...............at the weekend you can have a Sex Shop, because they have added that in as well.

Of course in all of them you have to wear Pink Shorts, because that is what your PH Driver conditions say.

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 Post subject: Re: opinions
PostPosted: Mon Mar 21, 2016 12:40 am 
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Again I must stress if you make an application to a licensing authority for a particular license under the Act of Parliament a Council can only issue the license you applied for,they cannot issue something that an application has not requested in other words for those who cannot fathom it out Act outside the LAW.


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