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PostPosted: Mon Aug 14, 2017 7:53 pm 
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Cambridge,Mansfield,Birmingham,Shrewsbury,Newark take a look.
http://www.wolverhampton.gov.uk/CHttpHa ... =12302&p=0


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PostPosted: Mon Aug 14, 2017 8:21 pm 
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mancityfan wrote:
Cambridge,Mansfield,Birmingham,Shrewsbury,Newark take a look.
http://www.wolverhampton.gov.uk/CHttpHa ... =12302&p=0

Brighton and Hove have a number of different places where one can have a taxi test.

One was particularly popular with drivers until the council took them off the list.

I wonder why? :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll:

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PostPosted: Tue Aug 15, 2017 12:49 am 
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Sussex wrote:
mancityfan wrote:
Cambridge,Mansfield,Birmingham,Shrewsbury,Newark take a look.
http://www.wolverhampton.gov.uk/CHttpHa ... =12302&p=0

Brighton and Hove have a number of different places where one can have a taxi test.

One was particularly popular with drivers until the council took them off the list.

I wonder why? :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll: :roll:



Section 50 Misc.Prov.Act 1976 does not allow for a vehicle to be tested anywhere other than in the Council District who issues the license.
Any Council and its Officers are breaking the Law if they are allowing vehicles to be tested outside the licensing district.
Licensees should have their licenses took off them if their vehicle was tested outside the licensing district.
A lot of license holders it would appear are not professionals but clearly fly by night amateurs including the relevant Council Officers.


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PostPosted: Tue Aug 15, 2017 8:37 am 
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My point exactly, why would a council give a licence to a vehicle that will not be working in its own area? Are the council complicit with these Operators and the biggy are they insured?.but I agree with he testing is not legal, but there again is it a test, or just an MOT, the fact they specify certain ones means it's a test, and illegal.

50 Provisions as to proprietors (1) Without prejudice to the provisions of section 68 of this Act, the proprietor of any hackney carriage or of any private hire vehicle licensed by a district council shall present such hackney carriage or private hire vehicle for inspection and testing by or on behalf of the council within such period and at such place WITHIN THE AREA of the council as they may by notice reasonably require:


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PostPosted: Tue Aug 15, 2017 12:56 pm 
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Quote:
50 Provisions as to proprietors (1) Without prejudice to the provisions of section 68 of this Act, the proprietor of any hackney carriage or of any private hire vehicle licensed by a district council shall present such hackney carriage or private hire vehicle for inspection and testing by or on behalf of the council within such period and at such place WITHIN THE AREA of the council as they may by notice reasonably require
:

Must do words......Must .. will....and so on. Discretionary words....can....may...

One means they have to........The others mean they can if they want to.

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Wed Aug 16, 2017 9:55 am 
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MR T wrote:
Quote:
50 Provisions as to proprietors (1) Without prejudice to the provisions of section 68 of this Act, the proprietor of any hackney carriage or of any private hire vehicle licensed by a district council shall present such hackney carriage or private hire vehicle for inspection and testing by or on behalf of the council within such period and at such place WITHIN THE AREA of the council as they may by notice reasonably require
:

Must do words......Must .. will....and so on. Discretionary words....can....may...

One means they have to........The others mean they can if they want to.


Still has to be in the council area, MAY in this case refers to notifying vehicle owner in a reasonable time to attend a test, and pulling a vehicle up for a test on a Saturday night at 23:00 is not a reasonably time.


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PostPosted: Wed Aug 16, 2017 11:50 am 
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MR T wrote:
Quote:
50 Provisions as to proprietors (1) Without prejudice to the provisions of section 68 of this Act, the proprietor of any hackney carriage or of any private hire vehicle licensed by a district council shall present such hackney carriage or private hire vehicle for inspection and testing by or on behalf of the council within such period and at such place WITHIN THE AREA of the council as they may by notice reasonably require
:

Must do words......Must .. will....and so on. Discretionary words....can....may...

One means they have to........The others mean they can if they want to.



If your interpretation is correct(I doubt it is not) a Council can issue a license without the vehicle being tested.


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PostPosted: Wed Aug 16, 2017 12:46 pm 
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Section 50 makes it a requirement that vehicle proprietors "shall" (must) produce the vehicle for testing at a place within the licensing district. It does not say anything that prevents a council allowing vehicles to be tested outside of the licensing district. In that circumstance the council would not be able to compel the proprietor to attend a place outside the district but they could allow it.


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PostPosted: Wed Aug 16, 2017 1:57 pm 
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From my own personal experience unless a council is told definitely that it can't do something, it tends to believe it can. When an Act is drawn up the author will write it in a way so that council's have discretion or not. Liverpool has a number of testing stations within its boundaries but it also has a testing station in Sefton. The driver has the choice of which testing station he wants to use. Sefton has a testing station for licenced limousines (the long ones) in Warrington I think, because none of Sefton's testing stations have the facilities to test them. Councils have to comply with the law. Vehicles have to be tested to be deemed roadworthy. I think a court would look more favourably towards a council that is making sure all the vehicles it licenced are roadworthy and safe for the public, than which area they are tested in. If somebody has £20000 plus to spare feel free to challenge it in court. Personally, it won't be me! :D
P.S. I don' t know where Sefton's landaus are tested but it could be Blackpool.

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Wed Aug 16, 2017 1:57 pm 
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:D :D

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Wed Aug 16, 2017 3:49 pm 
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MR T wrote:
From my own personal experience unless a council is told definitely that it can't do something, it tends to believe it can. When an Act is drawn up the author will write it in a way so that council's have discretion or not. Liverpool has a number of testing stations within its boundaries but it also has a testing station in Sefton. The driver has the choice of which testing station he wants to use. Sefton has a testing station for licenced limousines (the long ones) in Warrington I think, because none of Sefton's testing stations have the facilities to test them. Councils have to comply with the law. Vehicles have to be tested to be deemed roadworthy. I think a court would look more favourably towards a council that is making sure all the vehicles it licenced are roadworthy and safe for the public, than which area they are tested in. If somebody has £20000 plus to spare feel free to challenge it in court. Personally, it won't be me! :D
P.S. I don' t know where Sefton's landaus are tested but it could be Blackpool.



Newcastle v Blueline NCN:[2008]EWHC 236(Admin) Case No:C/O 6448/2007

Paragraph 23 the Judge makes it abundantly clear that vehicles can only be tested in its licensing district.

In other words why does some on here support Councils who are breaking the Law are they themselves flying close to the wind.


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PostPosted: Wed Aug 16, 2017 9:10 pm 
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22. In my judgment the major purpose behind the 1847 Act, and indeed the 1976 Act, is the safety of the public by which I include both the travelling public as passengers and other road users. Thus the scheme of the legislation is directed towards having safe vehicles, fit and proper drivers and appropriate conditions of hire. To ensure this safety a form of enforcement is provided for with a system of penalties for non-compliance. Registers of proprietors and drivers are kept together with offences committed which are available for public inspection. Byelaws and conditions apply locally to the licensed hackney carriages and it was apparent from the evidence before me that different councils will impose different conditions[6] and have different byelaws no doubt prompted by legitimate differences of opinion but also dependent on the area concerned. It may be, for example, that an authority covering a large conurbation will have different concerns, and require different conditions, to one covering a more rural area.


A Judge that thinks one size does not fit all....pity some taxidrivers don't think the same..

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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PostPosted: Wed Aug 16, 2017 9:15 pm 
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23. If hackney carriages are working remote from their licensing authority a number of, at the least potentially, undesirable consequences follow. The licensing authority will not easily keep their licensed fleet under observation. It will be carrying out its enforcement powers from a distance. The licensing authority where the hackney carriage has chosen to operate will have no enforcement powers over the vehicle although it is being used in its area. Further, unlike its own licensed vehicles, the hackney carriage from remote areas will not be subject to the same conditions and byelaws as the local vehicles. It is no surprise that the legislation provides for testing and testing centres to be within the licensing authority's area.


provides... is not a must do...

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PostPosted: Wed Aug 16, 2017 9:20 pm 
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MR T wrote:
provides... is not a must do...

Quite, and to be honest I don't have a problem with vehicles being tested outside of their area in a garage approved by the licensing council.

But the 'within the area of the council' words are quite clear.

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PostPosted: Wed Aug 16, 2017 9:33 pm 
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Sussex wrote:
MR T wrote:
provides... is not a must do...

Quite, and to be honest I don't have a problem with vehicles being tested outside of their area in a garage approved by the licensing council.

But the 'within the area of the council' words are quite clear.

and does it say.......... and nowhere else..

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


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