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PostPosted: Sat Jun 09, 2007 2:04 pm 
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Sussex wrote:
grandad wrote:
Doesn't PSV stand for PUBLIC SERVICE VEHICLE. There are many places that a minibus can be hired for self drive where the driver does not even have to have a PSV license. In fact if I want to hire a minibus for a trip to Wembley and drive 15 of my mates down there I don't need anything other than my car licence. So do these companies that hire out minibuses for self drive have to have operators licenses because they are clearly not themselves carrying passengers for hire or reward?
So moving on, if one of these companies that hires out minibuses for self drive decides to hire out say Hummers under the same scheme and the person who hires the Hummer is going to drive himself and take his mates to Wembley, is this ok? He is not going to hire a chauffeur and he is not being paid by his mates.

But if you gain some kind of reward then you are acting illegally, and I bet you a pound to a penny any insurance that comes with that minibus will state you can't use it for hire and reward. [-X


Who gains the reward?, if you were to ask a friend or neighbour to drive your own family car (not a hc/ph) because you were going to say a funtion and wanted a drink, you could pay him/her. Hire & Reward would not exist in that scenario................... or would it?.

Now extend that to a people carrier then a 16 seater etc.

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PostPosted: Sat Jun 09, 2007 4:44 pm 
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Quote:
grandad wrote:
Doesn't PSV stand for PUBLIC SERVICE VEHICLE. There are many places that a minibus can be hired for self drive where the driver does not even have to have a PSV license. In fact if I want to hire a minibus for a trip to Wembley and drive 15 of my mates down there I don't need anything other than my car licence. So do these companies that hire out minibuses for self drive have to have operators licenses because they are clearly not themselves carrying passengers for hire or reward?
So moving on, if one of these companies that hires out minibuses for self drive decides to hire out say Hummers under the same scheme and the person who hires the Hummer is going to drive himself and take his mates to Wembley, is this ok? He is not going to hire a chauffeur and he is not being paid by his mates.


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Tulsablue
Sorry, where did this end up about a limo



grandad

WAS GOING ON ABOUT HUMMERS AS THERE ARE LIMO HUMMERS IN THE UK THAN STANDARD ONES PLUS A TRIP TO WEMBLEY SO THIER IS THE PART ABOUT A LIMO

OK Tulsablue

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PostPosted: Sat Jun 09, 2007 5:02 pm 
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Sussex wrote:
Every PSV must have an operator.

So who/what/where is the operator in this self driver lark? :?


Sorry thought it was about this topic, which if we could have a sensible discussion about what is PSV might then lead us to find out if hummers could be operated in any way.

btw all caps are said to be shouting ](*,)

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PostPosted: Sat Jun 09, 2007 7:09 pm 
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Tulsablue wrote:
Who gains the reward?, if you were to ask a friend or neighbour to drive your own family car (not a hc/ph) because you were going to say a funtion and wanted a drink, you could pay him/her. Hire & Reward would not exist in that scenario................... or would it?.

Now extend that to a people carrier then a 16 seater etc.

Hire and reward would exist in that situation. In fact the mate could do it for nothing and it could still be viewed as hire and reward. :shock:

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PostPosted: Sun Jun 10, 2007 4:17 pm 
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Sussex wrote:
Tulsablue wrote:
Who gains the reward?, if you were to ask a friend or neighbour to drive your own family car (not a hc/ph) because you were going to say a funtion and wanted a drink, you could pay him/her. Hire & Reward would not exist in that scenario................... or would it?.

Now extend that to a people carrier then a 16 seater etc.

Hire and reward would exist in that situation. In fact the mate could do it for nothing and it could still be viewed as hire and reward. :shock:


Only imho, this is not hire reward.

Example

Acme trading (no connection to a real company) employ a chauffeur, pay him correctly through paye, this is not hire and reward when he is carrying the MD or company visitors etc.
This is the same circumstance as above.

The only real test will maybe happen in court but the "grey" area surrounding 16 seater transit type vehicles has been going on for at least 25 years to my knowledge, it is this "grey" area that the limo guys are exploiting but they are no worse than the minibuses you will see every single day taking kids to school.
The reason VOSA are reluctant to take action is that there is not enough money to pay for proper licensed ops to take over all the work.

There has recently been a case in the NW, re: a PSV licensed company that went into liquidation, but family members continued to operate usuing the ops discs (the traffic office never asked for them back) for SIX months. They have just been in front of a TC due to the County Coucil becoming aware of the problem. Guess what, they WILL be operating tomorrow WITHOUT a licence in full view and knowledge of both the TC and the County Council taking kids to/from school. How can this be right!!!, it just smacks you in the face of an operator running correctly.

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PostPosted: Sun Jun 10, 2007 5:34 pm 
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Tulsablue wrote:
Acme trading (no connection to a real company) employ a chauffeur, pay him correctly through paye, this is not hire and reward when he is carrying the MD or company visitors etc.
This is the same circumstance as above.

I think an employee of a firm is different from a mate doing a paid favour.

But even then after 01/01/08 it could work out that an employee may have to be licensed to carry a human bean. But I think we will leave that for the courts to decide. :wink:

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PostPosted: Sun Jun 10, 2007 5:53 pm 
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Lets get stupid...what about a mum doing a school run with 3 neighbours kids. ???????????????
Her reward being a nice person...


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PostPosted: Sun Jun 10, 2007 6:20 pm 
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no tips wrote:
Lets get stupid...what about a mum doing a school run with 3 neighbours kids. ???????????????
Her reward being a nice person...

I think if she is going in that direction anyway then any payment could be viewed as hire and reward.

But, as is the case in most instances, it will take a major accident for it all to get sorted via the courts.

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PostPosted: Sun Jun 10, 2007 7:57 pm 
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And what about theses government & green lots schemes to share a ride to work & return & share petrol costs. to cut down on traffic jams & polution..


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PostPosted: Mon Jun 11, 2007 2:59 am 
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I've seen the phrase "with a view to profit" used in the hire and reward context, so if it's just a case of sharing costs then there's no profit involved thus it would not need regulated.

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PostPosted: Mon Jun 11, 2007 7:10 am 
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TDO wrote:
I've seen the phrase "with a view to profit" used in the hire and reward context, so if it's just a case of sharing costs then there's no profit involved thus it would not need regulated.

But hire and reward need not involve payment. :?

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PostPosted: Mon Jun 11, 2007 12:19 pm 
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Yes, but you could profit without receiving payment per se? :?

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