Cabhappy wrote:
Actually there is no definition of operator in the Scottish legislation.
There is nothing to set down that it means plateholder at all.
Neither is plateholder a term. It is a Taxi Licence holder.
Indeed plateholder isn't a legal or official term, but I use plateholder and badgeholder because we all know what they mean, and they're unambiguous to anyone who knows the trade. On the other hand, 'taxi licence holder' maybe more strictly correct, but easily confused with 'taxi driver's licence holder'. By the same token, I usually use the terms HC and PH rather than taxi, because again 'taxi' is ambiguous, particularly in press reporting.
I mean, how many times have we read about taxi licences being revoked or whatever, which in as per your usage means a taxi *vehicle* licence, but it turns out to be a PH *driver's* licence?
By the same token, taxi vehicle licence holder and taxi driver's licence holder is a bit of a mouthful, so 'plateholder' and 'badgeholder' does for me, and it's less likely to be cause confusion.
So when I say that the first Scottish taxi grant was given to badgeholders but not plateholders (both HC and PH) then everyone on here knows exactly what I mean. Or at least they should
Quote:
Many simply misuse the term for their own agenda usually to deny drivers a platform for their views in fare reviews.
And the Traffic commissioner abuses it to deny drivers an appeal.
But….
I assume the term operator derives from the first section in the Act on trade licensing, which states:
Civic Government (Scotland) Act 1982, s.10 wrote:
Taxi and private hire car licences.
(1)A licence, to be known as a “taxi licence” or, as the case may be, a “private hire car licence”, shall be required for the operation of a vehicle as—
(a)a taxi; or
(b)a private hire car.
So a licence is required for the *operation* of a *vehicle*, hence the term *operator*
And, as you say, the taxi fares consultation and appeals stuff specifically refers to 'taxi operators', so that's presumably why it's considered that drivers aren't included in the process, unless of course they're also an operator.
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A driver can commit an offence of ‘to operate a taxi in an area it is not licensed’ not the plateholder.
Indeed, but presumably that's because it's not licensed in that area? To that extent the plateholder isn't the one doing the operating, because they are the plateholder with regard to another area.
So if an Edinburgh-plated HC works in Glasgow, then the Edinburgh plateholder isn't relevant and the cab is deemed unplated, thus the driver is operating in Glasgow and committing an offence?
Quote:
Drivers who rent taxis rather than being named on the Taxi Licence are still taxi operators.
As per the above, only when it's operating in an area that it's not licensed in, surely, and not in the normal course of events.
So if a rental driver takes an Edinburgh-plated HC to Glasgow and plies for hire there, then it's deemed unlicensed in Glasgow, so who's operating it illegally? The driver, apart from if the Edinburgh plateholder is involved (see below).
But that's not the same as saying the driver is operating the cab in the normal course of events.
The offence refers to 'operate' or 'permit the operation of', and the latter is where the Edinburgh plateholder comes in. The circular states:
Circular 25/1986, para 2.49 wrote:
It should be noted that section 21(1) also covers the permitting of the offences. If therefore an operator of a taxi or private hire car business orders or permits a driver to ply for hire or pick up passengers in an area for which neither the vehicle nor the driver is appropriately licensed, then the operator as well as the driver is committing an offence.
So an Edinburgh-plated HC plies for hire in Glasgow, thus the driver is deemed to be operating it, thus committing an offence. But if the Edinburgh plateholder is aware of this, they're thus permitting its operation in Glasgow, therefore also committing an offence. I think
Quote:
Kate Forbes likely misused the term ‘operator’ and will now say she only meant Booking office licence holder.
Well hopefully we'll see very soon. I doubt whoever drew up the policy knew precisely what they meant, and they'll all be working it out now. I'd guess that in the end it'll come down to plateholders rather than booking offices, but who knows
https://www.legislation.gov.uk/ukpga/19 ... -hire-carshttps://www.gov.scot/publications/circu ... s/pages/2/