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PostPosted: Sat Mar 15, 2008 5:40 pm 
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captain cab wrote:
Where's the illegality?


The illegality is in refusing a license based on a persons employment status.

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Presumably the applicant will fill out an application form Name, Address, and tax reference number?


Practically everyone has a tax reference number even the unemployed but what about some housewives and students who don't have a tax reference number? Will they be licensed?

Quote:
Has the council stated it wont issue a license?


I don't know what the council has stated, do you? I only know that if they refuse to issue licenses on the grounds of a persons employment status then their actions will be unlawful.

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Presumably the revenue will have a look at the list of licensee's.


The revenue already have the mechanisms to monitor Taxi license holders by virtue of national insurance numbers but one thing they cannot do is stop unemployed people or anyone else for that matter obtaining a license.

Therefore if Dundee council do go down the road of refusing a license based on the employment status of an applicant then they will most definitely fall foul of the law. I can just see a sheriff asking Dundee council what law gives you the power to refuse a license based on the employment status of an applicant?

Perhaps you can tell us the answer to that one but then again perhaps not.

Regards

JD

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PostPosted: Sat Mar 15, 2008 7:10 pm 
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I thought it was about supplying tax and NI numbers, not excluding the unemployed??


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PostPosted: Sat Mar 15, 2008 7:15 pm 
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It has nothing to do whether someone is unemployed or not...

But more to with people signing on and claiming benefits etc.. :roll:

Now if someone who has a taxi badge and is claiming benefits,gets pulled up by the inland revenue etc..and then say's he has a badge but doesn't drive taxis then why does he need a taxi badge, take it off him or stop his benefits , same goes for the part timers who work the weekend for extra money..tax free..well i would like extra money but i can't go and do a shift in their factory so why should we welcome them into our job...

Good luck to the council............. :D


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PostPosted: Sat Mar 15, 2008 7:19 pm 
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Fae Fife wrote:
I thought it was about supplying tax and NI numbers, not excluding the unemployed??


So did I :shock:

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PostPosted: Sat Mar 15, 2008 7:31 pm 
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And don't forget........... that under the new legislation...... the taxman now has the power to simply turn up at your home... no matter who you are.... any time he likes ... :shock: :shock: :shock: :shock:

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PostPosted: Sat Mar 15, 2008 8:32 pm 
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Fae Fife wrote:
I thought it was about supplying tax and NI numbers, not excluding the unemployed??

I think the issue is do they have a right to ask such a question, however good the idea might be.

I'm also not sure why they need this as the inland revenue have all these details in front of them anyway at the click of a mouse.

All the inland revenue need is confirmation that the driver is licensed, and they don't need a tax number for that, just a license number.

As for the condition, it reminds me of one that a council down this way implemented a few years back i.e. must be a full time driver to get a license.

Again I think there is merit there, but I suspect the courts will take a similar approach to the tax number condition as they did to the full time driver condition and find it illegal. :?

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PostPosted: Sat Mar 15, 2008 8:33 pm 
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MR T wrote:
And don't forget........... that under the new legislation...... the taxman now has the power to simply turn up at your home... no matter who you are.... any time he likes ... :shock: :shock: :shock: :shock:

I think our trade will not be effected by the proposed new rules, as we don't trade from our homes.

Well drivers don't anyway.

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PostPosted: Sat Mar 15, 2008 8:53 pm 
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Sussex wrote:
MR T wrote:
And don't forget........... that under the new legislation...... the taxman now has the power to simply turn up at your home... no matter who you are.... any time he likes ... :shock: :shock: :shock: :shock:

I think our trade will not be effected by the proposed new rules, as we don't trade from our homes.

Well drivers don't anyway.
Well I learn something new every day..... I did not know you could use your car as your address..... :roll:

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PostPosted: Sat Mar 15, 2008 9:05 pm 
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Once a White Plate wrote:
It has nothing to do whether someone is unemployed or not. But more to with people signing on and claiming benefits etc.


The simple fact of life as I understand it is that the current system of claiming benefits does not preclude someone from obtaining a taxi drivers license.

Unless the rules have changed recently many people will be aware that a person claiming benefits can work up to either 15 or 16 hours a week without being classed as fully employed. Several years ago it was pointed out to me that many taxi drivers from a certain ethnicity were adept at cheating the system and they were the main culprits but unfortunately there was nothing the department could do about it. Therefore a council cannot refuse to issue or renew a license just because a person claims benefits.

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Now if someone who has a taxi badge and is claiming benefits,gets pulled up by the inland revenue etc..and then say's he has a badge but doesn't drive taxis then why does he need a taxi badge, take it off him or stop his benefits.


I'm afraid at present the law doesn't work that way. When it does, we can all debate the law as it stands at that particular time but until then the law is, as it is now, not as how you would like it to be.

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same goes for the part timers who work the weekend for extra money..tax free..well i would like extra money but i can't go and do a shift in their factory so why should we welcome them into our job.


So you also want badges taken away from part timers or to put it another way, you don't want part timers to be issued with a badge period?

Perhaps the Dundee taxi association who submitted this request can inform us of the reasons for doing so and what it is meant to achieve?

Regards

JD

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PostPosted: Sat Mar 15, 2008 9:12 pm 
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It seems to me a reasonable request............. after all everyone has to be treated the same...... you have people from other countries which are breaking the law... suppose to be here as students...... people who are breaking the law cannot be considered as fit and proper...

Employers unsure of the steps they need to take to avoid employing illegal workers can visit www.bia.homeoffice.gov.uk/employingmigrants or they can call the Border and Immigration Agency Employers Helpline on 0845 010 6677.

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PostPosted: Sat Mar 15, 2008 9:15 pm 
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Fae Fife wrote:
I thought it was about supplying tax and NI numbers, not excluding the unemployed??


If the intention is not to exclude anyone then the debate ends here.

Perhaps the opportunity to continue the debate will arise if and when Dundee council refuse an application for a drivers license based on whatever condition they apply.

Regards

JD

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PostPosted: Sat Mar 15, 2008 9:27 pm 
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MR T wrote:
It seems to me a reasonable request............. after all everyone has to be treated the same...... you have people from other countries which are breaking the law.


I don't think anyone is complaining about the request. Its what follows the request that matters.

Point is whether a council can refuse an application or the renewal of a drivers license based on the economic circumstances of the applicant.

Do you think they can?

Regards

JD

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PostPosted: Sat Mar 15, 2008 9:34 pm 
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I think that it is perfectly reasonable for the council to require certain information..... if the person refuses................... or provides false information....... then it is perfectly reasonable to refuse............. but if they want to know how much money I have in the Bank then that is unreasonable.... 8)

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PostPosted: Sat Mar 15, 2008 10:35 pm 
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Once a White Plate wrote:
and then say's he has a badge but doesn't drive taxis then why does he need a taxi badge, take it off him or stop his benefits , same goes for the part timers who work the weekend for extra money
I know several people in Aberdeen who have badges but do not work as drivers.
Many keep them on and pay the renewals as a fall back should their current job fall through (a common occurence in the oil industry). Some run offices and others work in them.
If you allow your badge to expire without renewing it, you have to sit the knowledge test all over again, and wait until the committe approve your application.
I'm not in favour of tax or benefit cheats, but I think the taxman has more than enough powers to check people out without the trade or LA doing any witch hunting for him.

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PostPosted: Sat Mar 15, 2008 10:43 pm 
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JD wrote:
Once a White Plate wrote:
It has nothing to do whether someone is unemployed or not. But more to with people signing on and claiming benefits etc.


The simple fact of life as I understand it is that the current system of claiming benefits does not preclude someone from obtaining a taxi drivers license.

Ok so what about the people who are working full time,are we to say good on you and ignore it..

Unless the rules have changed recently many people will be aware that a person claiming benefits can work up to either 15 or 16 hours a week without being classed as fully employed. Several years ago it was pointed out to me that many taxi drivers from a certain ethnicity were adept at cheating the system and they were the main culprits but unfortunately there was nothing the department could do about it. Therefore a council cannot refuse to issue or renew a license just because a person claims benefits.

Quote:
Now if someone who has a taxi badge and is claiming benefits,gets pulled up by the inland revenue etc..and then say's he has a badge but doesn't drive taxis then why does he need a taxi badge, take it off him or stop his benefits.



I'm afraid at present the law doesn't work that way. When it does, we can all debate the law as it stands at that particular time but until then the law is, as it is now, not as how you would like it to be.

So why does he retain his badge then ????

Quote:
same goes for the part timers who work the weekend for extra money..tax free..well i would like extra money but i can't go and do a shift in their factory so why should we welcome them into our job.


So you also want badges taken away from part timers or to put it another way, you don't want part timers to be issued with a badge period?

No only the part times who take the cream at the weekends and dont have to work at the quite times during the week when its 45 minutes between jobs and then have the audacity to say "it was quiet tonight "
And dont pay tax on what they earn,co's i know a few that would rather work the taxi's rather than their day job cos they earn more taxeing cos there is no tax or ni to pay.....


Perhaps the Dundee taxi association who submitted this request can inform us of the reasons for doing so and what it is meant to achieve?

Regards

JD


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