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PostPosted: Tue Jan 22, 2008 4:52 pm 
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I have just had my car in for service at the main dealer, and they offer to take you home and to collect you . So should this service now be licensed, a licensed vechile and PH badged driver.??


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PostPosted: Tue Jan 22, 2008 6:38 pm 
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ONLY IF BEING PAID, OR OTHER FORM OF GRATUITY IS BEING SOUGHT, I SUSPECT THAT THIS SERVICE WILL BE OUTSIDE OF THE LICENSING REGIME,AND AS SUCH NO LICENSE REQUIRED.WHAT ABOUT ENTERING THE CONGESTION ZONE OR PICKING YOU UP /SETTING YOU DOWN ON A RED ROUTE :twisted:


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PostPosted: Tue Jan 22, 2008 7:17 pm 
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ONLY IF BEING PAID, OR OTHER FORM OF GRATUITY IS BEING SOUGHT

The company say its a free service but you know & I know its added to my bill, just hidden.


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PostPosted: Tue Jan 22, 2008 7:28 pm 
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no tips wrote:
I have just had my car in for service at the main dealer, and they offer to take you home and to collect you . So should this service now be licensed, a licensed vechile and PH badged driver.??

A very good question, and I think it is illegal.

The way I see it is that unless that garage offer the service to everyone walking down the road i.e. a free lift home, then they are gaining a commercial benefit in the same way as the Swallow Hotel case.

http://www.taxi-driver.co.uk/phpBB2/vie ... php?t=3638

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PostPosted: Tue Jan 22, 2008 8:02 pm 
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Sussex wrote:
no tips wrote:
I have just had my car in for service at the main dealer, and they offer to take you home and to collect you . So should this service now be licensed, a licensed vechile and PH badged driver.??

A very good question, and I think it is illegal.

The way I see it is that unless that garage offer the service to everyone walking down the road i.e. a free lift home, then they are gaining a commercial benefit in the same way as the Swallow Hotel case.

http://www.taxi-driver.co.uk/phpBB2/vie ... php?t=3638


I agree. Unless as sussex says they do this for non customers too 8)

Do they charge you less if you don't want a lift home?

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PostPosted: Tue Jan 22, 2008 8:02 pm 
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RED DEVIL wrote:
ONLY IF BEING PAID, OR OTHER FORM OF GRATUITY IS BEING SOUGHT, I SUSPECT THAT THIS SERVICE WILL BE OUTSIDE OF THE LICENSING REGIME,AND AS SUCH NO LICENSE REQUIRED.


There's no such thing as a free lunch, as the others have pointed out.

Indeed the scenario in question was mentioned in a recent press release from Horsham council:

Quote:
From 28 January (2008) the new law says that if anyone supplies a vehicle and driver and there is a commercial benefit or advantage - whether as a payment or other form - the supplier will be required to be licensed with the local authority.

Operators and drivers with vehicles operating under a contract lasting not less than seven days will now require licensing.

Likely to be affected are people who make a vehicle available for hire that can carry no more than eight passengers with a driver such as school contract transport, airport transfer services, theatre trips, courtesy cars, hotel and restaurant courtesy vehicles and chauffeur services.

Garages that make a vehicle and driver available for their customers whilst a car is being serviced are also likely to be affected.


For full text see:

http://www.horsham.gov.uk/your_area/News/news_8608.asp

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PostPosted: Tue Jan 22, 2008 8:41 pm 
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no tips wrote:
I have just had my car in for service at the main dealer, and they offer to take you home and to collect you . So should this service now be licensed, a licensed vechile and PH badged driver.??


They could take you back in your vehicle = no problem

They could take you back in a "demonstrator" vehicle = no problem

I don't think this is an area that need concern the taxi trade

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PostPosted: Tue Jan 22, 2008 8:44 pm 
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If a service is offered providing transport then licensing IS required.

Whether the service is free to the customer or included in the "price" of their custom ...................... the only consideration is whether or not a passenger is carried.

Cases will obviously be brought before the courts covering many scenarios ................ and it is only after those cases will we be able to look at the legality of different "passenger carrying" services.

The thing is that many services are not risking a court appearance ........................ and thats because licensing could well be cheaper.

Remember a child minder taking the children under her care on trips out MAY have to be licensed .................. and so may some ambulances.

Applying old case law to new legislation is not recommended.

B. Lucky :D

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PostPosted: Tue Jan 22, 2008 8:48 pm 
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Tulsablue wrote:
They could take you back in your vehicle = no problem

They could take you back in a "demonstrator" vehicle = no problem

I don't think this is an area that need concern the taxi trade

Not an area of concern maybe, but defo an area of illegality.

If the person being transported is doing the driving, then I think everything is just fine and dandy, but if someone else is doing the driving then I think they need to be licensed, as they are gaining a commercial benefit by doing what they are doing.

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PostPosted: Tue Jan 22, 2008 9:54 pm 
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Enterprise car hire do the same pick you up at your address and take you to the depot. It's a big feature on thier tv ad

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PostPosted: Tue Jan 22, 2008 10:40 pm 
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Oh here we go again the taxis want to put the world to rights, im bored of seeing you lot try and put every man and their dog out of business, anyone would think you lot never stole a mars bar in yer life or swore or took a fare that you perhaps should not of, yeah thats right whiter than white you lot hey :roll:

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PostPosted: Tue Jan 22, 2008 10:49 pm 
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kermit2482 wrote:
Oh here we go again the taxis want to put the world to rights, im bored of seeing you lot try and put every man and their dog out of business, anyone would think you lot never stole a mars bar in yer life or swore or took a fare that you perhaps should not of, yeah thats right whiter than white you lot hey :roll:


Not whiter than white, kermit (except maybe CABMAN).
Legal and licensed though.

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PostPosted: Tue Jan 22, 2008 11:00 pm 
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kermit2482 wrote:
Oh here we go again the taxis want to put the world to rights, im bored of seeing you lot try and put every man and their dog out of business, anyone would think you lot never stole a mars bar in yer life or swore or took a fare that you perhaps should not of, yeah thats right whiter than white you lot hey :roll:

The law is the law Mr Kermit.

I/we didn't make it, and if we have to adhere to it, then so should everyone else. :wink:

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PostPosted: Wed Jan 23, 2008 12:43 am 
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Exacty how would becoming licensed put anyone out of business.

It only costs a few pounds a week.

B. Lucky :D

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PostPosted: Wed Jan 23, 2008 2:08 pm 
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I think we need a test case here.


Perhaps no tips would like to take out a private prosecution against his garage?


Bet next time his car went in for an MOT they would find so much wrong with it, it would not be worth having put right :D :D :D

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