Taxi Driver Online

Clearer laws on limos needed

http://www.thecourier.co.uk/output/2007 ... 2743t0.asp

(Have a look at the picture - a set up or a photographer just happened to be there?)

TAYSIDE POLICE has defended its right to stop-and-search party limos if they suspect the vehicle is operating outside the law.

Officers were seen speaking to the driver of a super-stretch Lincoln Navigator on Dundee’s Westport on Saturday afternoon.

The massive vehicle can carry up to 16 passengers and does not conform to regulations governing cars, private-hire vehicles like taxis or passenger-carrying vehicles (PCVs) such as buses.

For this reason, the vehicle’s operator claims the Navigator is regularly pulled over by police and the chauffeur is sounded-out by officers looking for licence and passenger information.

The National Limousine and Chauffeur Association (NLCA) has repeatedly called for greater clarity in the law governing stretch limos to avoid continual harassment by officers.

Police said last night that under licensing laws limousines are not permitted to carry any more than eight paying passengers.

A spokeswoman said, “Whilst I cannot speak specifically about the limousine that was stopped on Saturday without speaking to the officers involved, there are some very valid reasons why officers may stop limousines and check that they are complying with the law.

“Limousines are all restricted to a maximum of eight passengers no matter how large the vehicles are. There are no exceptions to this rule. The reason for this is that to carry more than eight passengers the vehicle has to be registered as a Public Service Vehicle (PSV) and have a Certificate of Initial Fitness issued (COIF).

“However, none of the American limousines, including the four-wheel drive Escalades, Hummers or Navigators comply with the requirements and are therefore restricted by law to a maximum of eight passengers.

“Without local authority or Government Vehicle and Operator Services Agency (VOSA) checks, there is nobody testing the safety of these vehicles and nobody checking the credentials of the drivers.

“We need to stop accidents before they happen and will continue to stop any limousine that we suspect may be breaking the law by carrying more than eight passengers. We will also ensure that the limousine company has the correct licence to operate.

“It is in everyone’s interest to ensure that the paying public are protected from unscrupulous operators. In the event of an overloaded, unlicensed limousine being involved in a serious or fatal road accident, the repercussions could be drastic and the ultimate losers would be the customers and the bona-fide limousine operators.”

However, the NHLA and the Perth-based operator of the Lincoln Navigator seen in Dundee on Saturday say they are able to get around this legislation by exploiting a loophole in the Government’s Road Vehicles (Construction and Use) Regulations.

They claim that large limos can be hired out for up to 16 people provided the vehicle has been adapted to the standards of a domestic minibus—known as a “schedule 6 alteration” after the particular section of the legislation where the loophole can be found.

Additionally, these vehicles must not be offered with the services of a driver as this would then constitute hire and reward and would therefore not be legal.

However, most operators get around this by setting up their own independent chauffeur company to complement the limo business, or by forming de-facto partnerships with local chauffeur agencies.

The Navigator operator has confirmed that his vehicle has had all of the necessary adjustments, has a full complement of seatbelts and that his driver is sourced independently.

NLCA legislation officer Bill Bowling attacked Tayside Police for what he believed was their providing of incomplete information on the legality of such vehicles.

He said, “We petitioned the Department of Transportation in October last year to issue guidance notes to all local authorities on the legality of limousine hire.

“Out of the 404 licensing authorities in Britain, 181 of them currently licence limousines and when the DoT issued their guidance notes only eight authorities followed suit.

“We’ve been begging and pleading with the government to devote some time in parliament on this issue as it is in the interests of operators and passengers that it gets sorted.

“We need legislation now to prevent limousine operators working outwith the law, and to make life easier for those who are currently having to think up inventive but convoluted ways of operating within the law.”

Tayside Police has urged any member of the public with information on illegal carriage of passengers in local limousines to get in touch on (01382) 223200.

Does anyone know to which act this schedule six relates? Could it be the 2005 Scottish Transport act?

Regards

JD

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Schedule six in all its glory. Courtesy of TDO.
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SCHEDULE 6

CONSTRUCTION OF MINIBUSES

(see regulation 41)

4–3669

The requirements referred to in regulation 41 are as follows—

Exhaust pipes

1

The outlet of every exhaust pipe fitted to a minibus shall be either at the rear or on the off side of the vehicle.

Doors—number and position

2

(1) Every minibus shall be fitted with at least—

*
(a) one service door on the near side of the vehicle; and
*
(b) one emergency door either at the rear or on the off side of the vehicle so, however, that any emergency door fitted on the off side of the vehicle shall be in addition to the driver's door and there shall be no requirement for an emergency door on a minibus if it has a service door at the rear in addition to the service door on the near side.

(2) No minibus shall be fitted with any door on its off side other than a driver's door and an emergency door.

Emergency Doors

3

Every emergency door fitted to a minibus, whether or not required pursuant to these Regulations, shall—

*
(a) be clearly marked, in letters not less than 25 mm high, on both the inside and the outside, “EMERGENCY DOOR” or “FOR EMERGENCY USE ONLY”, and the means of its operation shall be clearly indicated on or near the door;
*
(b) if hinged, open outwards;
*
(c) be capable of being operated manually; and
*
(d) when fully opened, give an aperture in the body of the vehicle not less than 1210 mm high nor less than 530 mm wide.

Power-operated doors

4

(1) Every power-operated door fitted to a minibus shall—

*
(a) incorporate transparent panels so as to enable a person immediately inside the door to see any person immediately outside the door;
*
(b) be capable of being operated by a mechanism controlled by the driver of the vehicle when in the driving seat;
*
(c) be capable, in the event of an emergency or a failure of the supply of power for the operation of the door, of being opened from both inside and outside the vehicle by controls which—
*
o
(i) over-ride all other controls,
o
(ii) are placed on, or adjacent to, the door, and
o
(iii) are accompanied by markings which clearly indicate their position and method of operation and state that they may not be used by passengers except in an emergency;
*
(d) have a soft edge so that a trapped finger is unlikely to be injured; and
*
(e) be controlled by a mechanism by virtue of which if the door, when closing, meets a resistance exceeding 150 Newtons, either—
*
o
—the door will cease to close and begin to open, or
o
—the closing force will cease and the door will become capable of being opened manually.

(2) No minibus shall be equipped with a system for the storage or transmission of energy in respect of the opening or closing of any door which, either in normal operation or if the system fails, is capable of adversely affecting the operation of the vehicle's braking system.

Locks, handles and hinges of doors

5

No minibus shall be fitted with—

*
(a) a door which can be locked from the outside unless, when so locked, it is capable of being opened from inside the vehicle when stationary;
*
(b) a handle or other device for opening any door, other than the driver's door, from inside the vehicle unless the handle or other device is designed so as to prevent, so far as is reasonably practicable, the accidental opening of the door, and is fitted with a guard or transparent cover or so designed that it must be raised to open the door;
*
(c) a door which is not capable of being opened, when not locked, from inside and outside the vehicle by a single movement of the handle or other device for opening the door;
*
(d) a door in respect of which there is not a device capable of holding the door closed so as to prevent any passenger falling through the doorway;
*
(e) a side door which opens outwards and is hinged at the edge nearest the rear of the vehicle except in the case of a door having more than one rigid panel;
*
(f) a door, other than a power-operated door, in respect of which there is not either—
*
o
(i) a slam lock of the two-stage type; or
o
(ii) a device by means of which the driver, when occupying the driver's seat, is informed if the door is not securely closed, such device being operated by movement of the handle or other device for opening the door or, in the case of a handle or other device with a spring-return mechanism, by movement of the door as well as of the handle or other device.

Provided that the provisions of sub-paragraphs (a), (c), (d) and (f) of this paragraph shall not apply in respect of a near side rear door forming part of a pair of doors fitted at the rear of the vehicle if that door is capable of being held securely closed by the other door of that pair.

View of doors

6

(1) Save as provided in sub-paragraph (2), every minibus shall be fitted with mirrors or other means so that the driver, when occupying the driver's seat, can see clearly the area immediately inside and outside every service door of the vehicle.

(2) The provisions of sub-paragraph (1) shall be deemed to be satisfied in respect of a rear service door if a person 1.3 metres tall standing 1 metre behind the vehicle is visible to the driver when occupying the driver's seat.

Access to doors

7

(1) Save as provided in sub-paragraph (2), there shall be unobstructed access from every passenger seat in a minibus to at least two doors one of which must be on the nearside of the vehicle and one of which must be either at the rear or on the offside of the vehicle.

(2) Access to one only of the doors referred to in sub-paragraph (1) may be obstructed by either or both of—

*
(a) a seat which when tilted or folded does not obstruct access to that door; and
*
(b) a lifting platform or ramp which—
*
o
(i) does not obstruct the handle or other device on the inside for opening the door with which the platform or ramp is associated, and
o
(ii) when the door is open, can be pushed or pulled out of the way from the inside so as to leave the doorway clear for use in an emergency.

Grab handles and hand rails

8

Every minibus shall be fitted as respects every side service door with a grab handle or a hand rail to assist passengers to get on or off the vehicle.

Seats

9

(1) No seat shall be fitted to any door of a minibus.

(2) Every seat and every wheelchair anchorage fitted to a minibus shall be fixed to the vehicle.

(3) No seat, other than a wheelchair, fitted to a minibus shall be less than 400 mm wide, and in ascertaining the width of a seat no account shall be taken of any arm-rests, whether or not they are folded back or otherwise put out of use.

(4) No minibus shall be fitted with an anchorage for a wheelchair in such a manner that a wheelchair secured to the anchorage would face either side of the vehicle.

(5) No minibus shall be fitted with a seat—

*
(a) facing either side of the vehicle and immediately forward of a rear door unless the seat is fitted with an arm-rest or similar device to guard against a passenger on that seat falling through the doorway; or
*
(b) so placed that a passenger on it would, without protection, be liable to be thrown through any doorway which is provided with a power-operated door or down any steps, unless the vehicle is fitted with a screen or guard which affords adequate protection against that occurrence.

Electrical equipment and wiring

10

(1) Save as provided in sub-paragraph (2) no minibus shall be fitted with any—

*
(a) electrical circuit which is liable to carry a current exceeding that for which it was designed;
*
(b) cable for the conduct of electricity unless it is suitably insulated and protected from damage;
*
(c) electrical circuit, other than a charging circuit, which includes any equipment other than—
*
o
(i) a starter motor,
o
(ii) a glow plug,
o
(iii) an ignition circuit, and
o
(iv) a device to stop the vehicle's engine,
*
unless it includes a fuse or circuit breaker so, however, that one fuse or circuit breaker may serve more than one circuit; or
*
(d) electrical circuit with a voltage exceeding 100 volts unless there is connected in each pole of the main supply of electricity which is not connected to earth a manually-operated switch which is—
*
o
(i) capable of disconnecting the circuit or, if there is more than one, every circuit, from the main supply,
o
(ii) not capable of disconnecting any circuit supplying any lamp with which the vehicle is required to be fitted, and
o
(iii) located inside the vehicle in a position readily accessible to the driver.

(2) The provisions of sub-paragraph (1) do not apply in respect of a high tension ignition circuit or a circuit within a unit of equipment.

Fuel tanks

11

No minibus shall be fitted with a fuel tank or any apparatus for the supply of fuel which is in the compartments or other spaces provided for the accommodation of the driver or passengers.

Lighting of steps

12

Every minibus shall be provided with lamps to illuminate every step at a passenger exit or in a gangway.

General construction and maintenance

13

Every minibus, including all bodywork and fittings, shall be soundly and properly constructed of suitable materials and maintained in good and serviceable condition, and shall be of such design as to be capable of withstanding the loads and stresses likely to be met in the normal operation of the vehicle.

Definitions

14

In this Schedule—

*
“driver's door” means a door fitted to a minibus for use by the driver;
*
“emergency door” means a door fitted to a minibus for use by passengers in an emergency; and
*
“service door” means a door fitted to a minibus for use by passengers in normal circumstances.

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SCHEDULE 7

FIRE EXTINGUISHING APPARATUS AND FIRST AID EQUIPMENT FOR MINIBUSES

(see regulation 42)

Part I
FIRE EXTINGUISHING APPARATUS

4–3680

A fire extinguisher which complies in all respects with the specification for portable fire extinguishers issued by the British Standards Institution numbered BS 5423: 1977 or BS 5423: 1980 or BS 5423: 1987 and which—

*
(a) has a minimum test fire rating of 8A or 21B, and
*
(b) contains water or foam or contains, and is marked to indicate that it contains, halon 1211 or halon 1301.

Part II

(See regulation 43)

FIRST AID EQUIPMENT

(i) Ten antiseptic wipes, foil packed;

(ii) One conforming disposable bandage (not less than 7.5 cm wide);

(iii) Two triangular bandages;

(iv) One packet of 24 assorted adhesive dressings;

(v) Three large sterile unmedicated ambulance dressings (not less than 15.0 cm20.0 cm);

(vi) Two sterile eye pads, with attachments;

(vii) Twelve assorted safety pins; and

(viii) One pair of rustless blunt-ended scissors.
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Seat belts are to be worn by the driver and passengers carried in minibuses at all times. There are no exceptions.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

The devil in the detail in this latest ruse to circumvent the law is the construction of the company and its purpose and whether or not the person driving the vehicle is wholly independent of those who supply the vehicle? I have my doubts if such an arrangement would pass the legal tests of what constitutes hire and reward and it would be interesting to see the courts interpretation of a limo firm actively helping a customer recruit a driver from a particular agency? I would also like to see the courts reaction to a limousine hire which was denied to a member of the public who held the appropriate license but was not attached to any agency whatsoever?

If the hire of such a vehicle is conditional on the hirer using a driver from a specified agency then I doubt a court of law would interpret that as not being hire and reward.

A court would attach importance to the regularity of the arrangement and whether or not such an arrangement went beyond the bounds of a mere transient and unique use of a motor vehicle for the carriage of passengers? The legal requirement of the driver under contract law would also be an issue in relation to his and the hire companies obligations to the passengers.

I would dearly love to see a copy of a contract relating to one of these schedule six hires.

I've said it before that the courts will always leave their mark on ambiguous legislation and interpret it as they believe Parliament meant it to be. Therefore no matter what anyone says in respect of this issue, until it goes before the courts nothing is established. That is not to say that those persons promoting this idea might not be correct in their interpretation of the contract law in this particular scenario but only a court of law will decide that.

Any limo driver will have to prove that his activities were purely social and that the hiring of the limo was not conditional on him or one of his colleagues driving it. He will also have to prove that there was no systematic formal or informal arrangement between himself and the company leasing the vehicle.

Getting around Hire and Reward legislation is not as simple as some people might think and if these limo companies were ever taken to court over it then I know where my money would be.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Another point I failed to mention is the insurance aspect. One would assume that any insurance proposal form would include the question "Will passengers be carried for "hire or reward" or will the vehicle be let on hire?" If the answer is no then the insurance policy will be invalid because the driver of the vehicle is without doubt offering his services for reward. If the cost of the driver is included in price for the hire of the limo then association is established between the hire company and the driver in respect of provision.

Perhaps the assumed unlawful nature of this exercise will only be exposed when an accident occurs and the limo company tries to say the vehicle wasn't being used for hire and reward?

Regards

JD

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I suspect the police set up a 'stop and check' operation and invited the local press down.

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IDFIMH

The cost of the driver is NOT included in the hire if the company is operating the system correctly. There is absolutly no problem for you to actually see one of these contracts. All you have to do is ring up a company offering this service and make an enquiry. They will have to send you the booking form in order for you to actually book.

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Grandad,

What should we, or anyone else for that matter, think of a trade that can only live on loopholes?

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IDFIMH

But the driver is being paid to take folks from A to B.

Which part of that is not 'hire and reward'?

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IDFIMH

The word loophole is a bad word used by the press and others the fact is that something is either legal or illegal. It is for the courts to decide which. So far, as far as I am aware, no one who is operating under shedule 6 correctly has even been charged with an offence. Now unfortunatly, there are some ops out there who think they are ok to just say that they are operating under this system without actually getting the paperwork right. These are the ones that should be getting prosecuted.

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Grandad,

I'm pretty certain that come 01/01/08 if a vehicle doing 'hire and reward' work doesn't have a plate on the back, a funny looking LPH sign in the back window, or a blue (maybe orange) badge in the front window, then they will find themselves in front of the courts.

But didn't someone say on here that the gov had sorted it out and their was going to be a Limo tier of licensing?

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IDFIMH

FFS the driver is employed by the person hiring the vehicle and not provided by the company providing the vehicle. This has been gone through so many times before and is perfectly legal and you know it is. The new licensing system is still being dealt with by the powers that be.
Even when the new system has been brought in there will still be operators that think it is ok not to be licensed under it just the same as there are operators who think they can run a taxi without a license.

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Grandad,

If a driver is employed to undertake hire and reward in any vehicle then he needs the appropriate license to do so. The vehicle also needs a license and the appropriate insurance. Carrying sixteen people for reward comes under public service vehicle legislation therefore any activity of a minibus and driver is subject to that legislation.



I don't know what you mean by its been gone through so many times and is perfectly legal, it only becomes perfectly legal when the courts have said it is perfectly legal and up to now such scenario has yet to be tested in a court of law.

Regards

JD

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