Quote:
so why is it utter tosh captain cab do you think its right that someone
should pay 40k+ to drive there own taxi and its all done by the back door as
under the rules you cant transfer a plate and the councial turn a blind eye.
I will answer your question in two parts.
I don’t do Scotland, but in England you can transfer licenses provided section 49 (set out below) is complied with. One the notice has been given the council cannot refuse to register it.
Reading between the lines of the Weymouth Borough Council [R] v Teletax (Weymouth) Ltd., (1947), KB 583 case the following sentences are clearly important made by the Judge.
There is nothing in this Act which says that the vehicle may not be sold, or may only be sold with the consent of the council.
Therefore is seems to me that, by necessary implication, a person who buys a cab which has been licensed is under a duty to go to the local authority and say: “I am now the proprietor of this cab which you have licensed for a year; please enter me in the register as the proprietor, and substitute my name on the license granter in respect of the cab, in place of the name of the earlier proprietor.”
PART II, Local Government (Misc. Provisions) ACT 1976.
If the proprietor of a Hackney Carriage or of a Private Hire vehicle, in respect of SECTION 49.
TRANSFER OF HACKNEY CARRIAGES AND PRIVATE HIRE VEHICLES.
(1) which a vehicle licence has been granted by a District Council transfers his interest in the Hackney Carriage or Private Hire vehicle to a person other than the proprietor whose name is specified on the licence, he shall within fourteen days after such transfer give notice in writing, thereof, to the District Council specifying the name and address of the person to whom the Hackney Carriage or Private Hire vehicle has been transferred.
(2) If a proprietor without reasonable excuse fails to give notice to a District Council as provided by Subsection (1) of this Section he shall be guilty of an offence. [maximum penalty £1000]
SECTION 49 NOTES.
TRANSFER OF LICENCE.
Upon change of ownership of a Hackney Carriage the new owner is entitled, under Section 42 of the Town Police Clauses Act, 1847, to have his name entered on the licence and the register of licences kept under that Section. In the case of Weymouth Borough Council [R] v Teletax (Weymouth) Ltd., (1947), KB 583, it would seem, that whilst a District Council may not refuse to change the name on a licence, it may after the fourteen day period has expired refuse to reissue the licence in the new owners name upon expiry of the transferred licence if the number of licences to be issued under Section 37 of the 1847 Act has been attained.
REFUSAL OF VEHICLE LICENCE.
Norwich City Council v Thurtle and Watcham, (21st May 1981), shows that power to refuse a licence under Section 60(1)(c) of this Act can extend to a reason not connected with vehicle fitness, and that 'any reasonable cause', in Section 60(c), need not be construed ejusdem generis with grounds (a) and (b).
PROOF OF GIVING NOTICE.
A proprietor should give notice of change by obtaining a receipt for recorded delivery letter or registered post in order that he has proof that the District Council received notice, this is then held to be proof in law, (see elsewhere).
TEMPORARY REPLACEMENT OF VEHICLE.
In Diamond v Lovell, House of Lords [2001] it was found that where a vehicle is off the road due to negligence of a third party it was reasonable for the person to be supplied with a like for like vehicle. It has been implied that in the case of a licensed taxi or private hire vehicle that the local authority would not treat the owner fairly if they did not allow a replacement vehicle to be used if the original was off the road in such circumstances. Several councils do allow such temporary transfers whilst the original vehicle is repaired subject to the replacement meeting all the conditions of licence, (insurance, mechanical, MOT etc.)
With reference to the first part of your question.
My vehicle cost me £33K my plate cost me the deposit (£25) & yearly license (£125), is it right that others can go on the road for under £500? In purely financial terms my commitment is far greater than the person who is prepared to invest £500.
Your local authority in Edinburgh have decided to limit the number Hackney Carriage Proprietors licenses they issue, they will very likely be aware of the results of doing so, yet they have still chosen to follow this particular path.
It is therefore not really relevant what I actually think because the government decided that in relation to taxi licenses locals were best placed to decide.
As and when they decide to issue further licenses they may decide to use a points system, similar to what occurs elsewhere and what was approved in the Leeds City Council vs. Mellor (1993 COD 352) Court Case. Or they may decide a lottery system.
To imply a convoluted conspiracy theory (like some people suggesting) is brainless, the LA gain no possible advantage from limiting numbers of hackney carriages.
regards
Captain Cab
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