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 Post subject: hackney used as p/h
PostPosted: Tue Mar 18, 2008 8:03 pm 
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can a hack licensed in one area work private hire in another area


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 Post subject: Re: hackney used as p/h
PostPosted: Tue Mar 18, 2008 8:14 pm 
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tcabbie wrote:
can a hack licensed in one area work private hire in another area


This question must have been asked a hundred times.

You have Berwick cabs working P/H in at least four licensing areas in the North East that I can think of and some even further afield. You also have Salford and Trafford cabs working Manchester as private hire of which Manchester City council are legally happy with.

I suppose that answers your question but if it doesn't then have a look at section 46 of the LGMPA and it will "soon" become immediately apparent that they can.

Regards

JD

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 Post subject: Re: hackney used as p/h
PostPosted: Tue Mar 18, 2008 9:53 pm 
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tcabbie wrote:
can a hack licensed in one area work private hire in another area

IMO yes. :wink:

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 Post subject: Re: hackney used as p/h
PostPosted: Tue Mar 18, 2008 11:01 pm 
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JD wrote:
tcabbie wrote:
can a hack licensed in one area work private hire in another area


This question must have been asked a hundred times.

You have Berwick cabs working P/H in at least four licensing areas in the North East that I can think of and some even further afield. You also have Salford and Trafford cabs working Manchester as private hire of which Manchester City council are legally happy with.



And dont forget those berwick licensed vehcles allegedly working in London and South Wales.

CC

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 Post subject:
PostPosted: Tue Mar 18, 2008 11:12 pm 
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Of course it would be wrong to leave out the Wilson case which does cast a remote shadow over the the law as many of us perceive it to be. And until Wilson is exorcised then in my opinion that shadow will always remain.

However the opening words in section 46 LGMPA 1976 are too compelling to ignore and that is why I prefer Gladden to Wilson.

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JD

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 Post subject: Re: hackney used as p/h
PostPosted: Thu Mar 20, 2008 6:22 am 
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tcabbie wrote:
can a hack licensed in one area work private hire in another area


We really need this put to bed don't we?

The problem is this, the opening words of section 46 of the 1976 act have never been defined. The words are so simple and explanatory that deciphering them shouldn't really be a problem. However judges of all persuasions apart from a few have consistently failed to recognise their true meaning. Until this is done there will always be conjecture. I suppose that is the nature of the legislation because no other industry that I know of has to work under legislative conditions that were enacted in 1847.

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JD

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