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PostPosted: Tue Jun 12, 2018 10:51 am 
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Theres been Trike Tours in Edinburgh for a long time...how are they licensed?

http://www.triketoursscotland.co.uk/tours.html


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PostPosted: Tue Jun 12, 2018 9:12 pm 
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bloodnock wrote:
Theres been Trike Tours in Edinburgh for a long time...how are they licensed?

http://www.triketoursscotland.co.uk/tours.html


Presumably they're exempt under the 24-hour contract hire exemption, which I think still exists in Scotland. Generally chauffeur drive, airport transfers and limo operators who use it, as far as I know. (As I recall it the similar 7-day exemption in England was abolished a few years ago.)

So as long as they're only doing one job every twenty four hours then they don't have to be licensed. But with their cheapest tour something like £140 for 7 miles/1 hour 20 mins, and their dearest something nearer £400 then they can presumably get away with only doing one job in 24 hours. [-(

But elsewhere evidence suggests the exemption is much abused, but not much in the way of enforcement or interest from the politicians as regards doing something about it. [-X


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PostPosted: Wed Jun 13, 2018 12:12 am 
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StuartW wrote:
bloodnock wrote:
Theres been Trike Tours in Edinburgh for a long time...how are they licensed?

http://www.triketoursscotland.co.uk/tours.html


Presumably they're exempt under the 24-hour contract hire exemption, which I think still exists in Scotland. Generally chauffeur drive, airport transfers and limo operators who use it, as far as I know. (As I recall it the similar 7-day exemption in England was abolished a few years ago.)

So as long as they're only doing one job every twenty four hours then they don't have to be licensed. But with their cheapest tour something like £140 for 7 miles/1 hour 20 mins, and their dearest something nearer £400 then they can presumably get away with only doing one job in 24 hours. [-(

But elsewhere evidence suggests the exemption is much abused, but not much in the way of enforcement or interest from the politicians as regards doing something about it. [-X


That exemption was removed around 3 years ago.


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PostPosted: Wed Jun 13, 2018 2:53 am 
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bloodnock wrote:
That exemption was removed around 3 years ago.


Wasn't aware of that, although to be fair I often try not to pay too much attention to these things.

However, I had thought that it had been considered by Holyrood but retained. Is there any evidence available online to confirm what you say?


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PostPosted: Wed Jun 13, 2018 9:26 am 
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StuartW wrote:
bloodnock wrote:
That exemption was removed around 3 years ago.


Wasn't aware of that, although to be fair I often try not to pay too much attention to these things.

However, I had thought that it had been considered by Holyrood but retained. Is there any evidence available online to confirm what you say?


You may well be right:

this from the 2012 Scottish Taxi Licensing guidiance seems to confirm it:

5.16. The "Notes on Clauses" which accompanied the 1982 Act stated, in respect of
this exemption:
It is not the intention of the taxi and private hire car licensing system to apply
to a vehicle used for carrying passengers for hire and reward under contract
for its exclusive hire for periods of not less than 24 hours and sub-paragraph
(c) specifically exempts such vehicles - on the argument that longer hires are
likely to be the subject of informed individual inspection and negotiation - e.g.
company hires - where there is not the same need to protect the casual hirer.
5.17. Licensing authorities will be aware that this exemption allows drivers and
vehicles being used
exclusively
for contract work to fall outwith the licensing
regime. This is on the assumption that the person/body contracting the work will be
responsible for the scrutiny of the person/company fulfilling the contract. However,
the use of unlicensed individuals or firms to provide transport services, particularly to
vulnerable groups, should be carefully considered. Any tendering process and final
contract must clearly be compliant with relevant legislation (i.e. registration with
Protecting Vulnerable Groups scheme where appropriate) but should also build in
time and capacity to effectively establish the safety and suitability of the drivers and
13
vehicles. Considering the wide range of factors that this covers (road worthiness,
accessibility requirements, criminal records checks, driver training etc), the use of
licensed drivers and vehicles may be more efficient


That said I feel I read somewhere more recently that this door was now closed.


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