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PostPosted: Fri Feb 02, 2007 10:39 pm 
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captain cab wrote:
Tom Thumb wrote:
Trouble down are way is because a neighbouring council has ridiculously high barriers of entry and a restricted market, drivers are taking the same route as in Newcastle. Licensing in our area and working solely in the neighbouring area.

Very easy to do in reality.

So what happens to solve the problem?

Neighbouring council bullies our smaller council and ours start raising barriers of entry.

Result!!! In a few years time we will have the same 5h1t levels of service in our district as they have next door.


I appreciate the sentiments but surely the resrticted market has nothing to do with it?

The argument seems to be Hackney's from one area operating effectively as PH in another.....PH isnt restricted as you know.

So the only reasons for this to occur are either because the criteria for drivers is too high or the PH firm likes to display its vehicles as licensed 'taxis'.

The question needs asked in respect of the high criteria for drivers is that shouldnt the criteria for all drivers....regardless of where they come from be of a high standard?

regards

CC


Very valid points CC.

You are quite correct. My scenario is similar to the Newcastle one I expect.

Large municipal district with a restrictively hard knowledge test even for PH drivers.

Rural sparse neighbouring district without the challenge of hard knowledge test even for Hackney licences.

So drivers looking for easy access to municipal area become hacks in rural district.

Who is wrong? The municipal district with a challenging knowledge test for PH.

Or the rural district who don't demand such a detailed knowledge test.

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PostPosted: Fri Feb 02, 2007 11:10 pm 
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Tom Thumb wrote:
captain cab wrote:
Tom Thumb wrote:
Trouble down are way is because a neighbouring council has ridiculously high barriers of entry and a restricted market, drivers are taking the same route as in Newcastle. Licensing in our area and working solely in the neighbouring area.

Very easy to do in reality.

So what happens to solve the problem?

Neighbouring council bullies our smaller council and ours start raising barriers of entry.

Result!!! In a few years time we will have the same 5h1t levels of service in our district as they have next door.


I appreciate the sentiments but surely the resrticted market has nothing to do with it?

The argument seems to be Hackney's from one area operating effectively as PH in another.....PH isnt restricted as you know.

So the only reasons for this to occur are either because the criteria for drivers is too high or the PH firm likes to display its vehicles as licensed 'taxis'.

The question needs asked in respect of the high criteria for drivers is that shouldnt the criteria for all drivers....regardless of where they come from be of a high standard?

regards

CC


Very valid points CC.

You are quite correct. My scenario is similar to the Newcastle one I expect.

Large municipal district with a restrictively hard knowledge test even for PH drivers.

Rural sparse neighbouring district without the challenge of hard knowledge test even for Hackney licences.

So drivers looking for easy access to municipal area become hacks in rural district.

Who is wrong? The municipal district with a challenging knowledge test for PH.

Or the rural district who don't demand such a detailed knowledge test.


Horses for courses I think Tom.

I come froma reasonably small city but we need a knowledge test....the authority next door (eden) doesnt....but to be fair it covers huge geographical area....the cabs work in large villages and small towns.

I wouldnt feel comfortable telling them they should all have knowledge tests....yet as the recent thread highlighting the problems of South Ribble licensed drivers have shown...other authorities may apply pressure.

It would appear the innocent as well as the guilty become entangled.

Personally, I dont see why PH need knowledge tests, the work is pre-booked, invariably dispatchers are intelligent aswell and work with new drivers.

CC

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PostPosted: Sat Feb 03, 2007 8:01 am 
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captain cab wrote:
So the only reasons for this to occur are either because the criteria for drivers is too high or the PH firm likes to display its vehicles as licensed 'taxis'.

The question needs asked in respect of the high criteria for drivers is that shouldnt the criteria for all drivers....regardless of where they come from be of a high standard?

regards

CC


So whats the criteria for obtaining a private hire badge in Newcastle?

Regards

JD


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PostPosted: Sat Feb 03, 2007 9:49 am 
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JD wrote:
So whats the criteria for obtaining a private hire badge in Newcastle?

Being clever enough not to want to work in Gateshead. :roll:

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PostPosted: Sat Feb 03, 2007 12:51 pm 
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I tell you what ...................... This website is supposedly advocating quality controls.

How then can it support a person circumventing high standards in the area they intend to work in by approaching another authority with lower standards to obtain their licence.

I would suggest that this is not a "loophole" but a flagrant disregard of the law and a intentional misinterpretation of recent judgements.

People mention the Gladen case all the time .................... but that case only decided that a Hackney Carriage did not need a Private Hire operators licence to take telephone bookings.

The 1847 Act states that a Hackney Carriage is only a Hackney Carriage within a prescribed distance ............... so what does it become when it leaves that prescribed distance?

If I'm outside my prescribed distance I do not have the dispensations in law that I have within it. So what is my vehicle outside the prescribed distance?

We all agreed that Section 75 should be repealed, so why is allowing vehicles not licensed in the same authority as they are actually working different.

I have read through all the relevant judgements and nowhere have I seen the statement that " A Hackney Carriage can work in any area of the United Kingdom providing that it is working under a private hire contract with a Licensed Private Hire Operator from that area".

What I do read is "A private hire vehicle operator is not precluded from using hackney carriages for private hirings" as stated by Mr Justice Mackay at the Royal Courts of Justice on 03/07/03 in the case of The Queen on the application of Shanks v North Tyneside Council.

What is clear to me is that if a Hackney Carriage is only a Hackney Carriage within the distance prescribed by its licence it cannot be a Hackney Carriage in a borough outside of that prescribed distance so it must become essentially unlicensed to operate.

I believe that Mr Justice Mackay made the statement assuming that it was understood that the use of Hackney Carriage vehicles would be retained to the same authority where they were licensed.

So in conclusion a Hackney Carriage from North Tyneside could conduct private hirings through a private hire operator licensed in North Tyneside.

I don't see, and would very much like to hear an explanation as to, why this is considered as anything else.

B. Lucky :D

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PostPosted: Sat Feb 03, 2007 12:56 pm 
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Sussex wrote:
JD wrote:
So whats the criteria for obtaining a private hire badge in Newcastle?

Being clever enough not to want to work in Gateshead. :roll:


I agree :D

B. Lucky :D

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PostPosted: Sat Feb 03, 2007 6:17 pm 
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GA wrote:
I tell you what ...................... This website is supposedly advocating quality controls.

How then can it support a person circumventing high standards in the area they intend to work in by approaching another authority with lower standards to obtain their licence.


What are these lower standards?

Regards

JD


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PostPosted: Sat Feb 03, 2007 6:29 pm 
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captain cab wrote:
The question needs asked in respect of the high criteria for drivers is that shouldnt the criteria for all drivers....regardless of where they come from be of a high standard?


I suppose one day in the distant future certain people will see the light but that day is a long way off?

Regards

JD


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PostPosted: Sat Feb 03, 2007 6:32 pm 
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jimbo wrote:
I seem to remember a case from several years ago at Manchester Airport, where an out of area Driver was dropping off passengers, and was seen by a local licensing officer to be not wearing his badge. In Court the driver claimed the LO had no authority over him, but the Court decided that the LO did, when ANY driver was in his licensing area irrespective of where the driver was licensed.

Or was that a dream?


Probably wet?

I don't recall such a case jimbo, can you post the details please?

Regards

JD


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PostPosted: Sat Feb 03, 2007 6:56 pm 
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JD wrote:
GA wrote:
I tell you what ...................... This website is supposedly advocating quality controls.

How then can it support a person circumventing high standards in the area they intend to work in by approaching another authority with lower standards to obtain their licence.


What are these lower standards?

Regards

JD


Obviously different areas have different standards of entry into our trade.

As we are reviewing policy I did some research locally and found that of the 8 authorities I asked 3 had no "locality test" even for Hackney Drivers.

This means that if a person was unable to pass our locality test for Gateshead they could go to one of these councils receive a licence upon application and return to Gateshead and drive under a PH contract.

Now JD ................ are you claiming that this circumstance does not lead to lowering the standards ........ because if they are unable to meet our local requirements why should they be able to work here.

We also have the case as dictated within the "Fit and Proper You Decide" thread on this website where a driver was refused a licence in one area but was granted one in another ............... the fact that if this person got a HC licence he could return to the area and drive under a PH contract IN THE AREA HE WAS REFUSED A LICENCE.

If my area sets high standards which would lead to the quality controls you consistently support, would they not be wasting their time if their quality standards were circumvented by people who could not meet that standard.

I would suggest that every vehicle operating in any area should be properly licensed in that area ................. whether they be Pink Ladies or a HC from another district.

B. Lucky :D

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PostPosted: Sat Feb 03, 2007 7:00 pm 
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of course this could all be sorted if all councils adopted the same standards and adopted quantative as well as quality restrictions for their HC's.

But that answer is to simple ............. and it doesn't benefit the PH operators who have the finances to argue in court for what will benefit them.

B. Lucky :D

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PostPosted: Sat Feb 03, 2007 7:05 pm 
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GA wrote:
I tell you what ...................... This website is supposedly advocating quality controls.

How then can it support a person circumventing high standards in the area they intend to work in by approaching another authority with lower standards to obtain their licence.

Just remind me where this website is supporting what you say above?

TBH I can't even see a poster supporting what you say above, just telling it as it is. :?

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PostPosted: Sat Feb 03, 2007 7:08 pm 
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GA wrote:
I have read through all the relevant judgements and nowhere have I seen the statement that " A Hackney Carriage can work in any area of the United Kingdom providing that it is working under a private hire contract with a Licensed Private Hire Operator from that area".

But that's not the way the law works, if an act doesn't say you can't do something, then you can.

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PostPosted: Sat Feb 03, 2007 7:09 pm 
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captain cab wrote:
Personally, I dont see why PH need knowledge tests, the work is pre-booked, invariably dispatchers are intelligent aswell and work with new drivers.


A knowledge test is not specifically stated as a requirement in the 1976 act but there are certain references in the 76 act which councils use for insisting on a knowledge test. In particular this....

Section 51

(2) A district council may attach to the grant of a licence under this section such conditions as they may consider reasonably necessary.


Regards

JD


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PostPosted: Sat Feb 03, 2007 7:12 pm 
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captain cab wrote:
Personally, I dont see why PH need knowledge tests, the work is pre-booked, invariably dispatchers are intelligent aswell and work with new drivers.

And of course customers always give the right destination on the phone, and the girls in the office always get the right destination on the phone, and pubs/clubs/hotels/restaurants etc etc who book cars for customers always get the right destination on the phone. :?

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