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PostPosted: Thu Nov 09, 2006 6:11 pm 
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As for the rest of the stuff, there seems little point in addressing things in detail since you're clearly trying to obfuscate :lol: , but one or two further points could well be usefully clarifed.


As regards the Galaxy/Touran and VOSA, yes taxis and PH are different, but the question is why should they be treated differently in different areas?

As regards my analogy with misscarriages of justice, your retort is that the response of the authorities is merely that there's a right to appeal.

On the contrary; for example, the Police and Criminal Evidence Act was enacted to prescribe procedures for the detention and questioning of suspects. The Criminal Procedure and Investigations Act was introduced to ensure that the defence in a criminal case had all the details of the prosecution case available. More recently, the Criminal Cases Review Commission was set up to investigate alleged miscarriages.

Thus I think this underlines the point I'm trying to make - if the law is in need of clarification, is outdated and doesn't really address the needs of those aggrieved then it should be changed - don't you agree? And it's no use merely saying that there's a right to appeal in the process, because this is just avoiding the issue.

And there's no point in saying that things can't be changed because there's no detailed blueprint to hand, because if you can't even see that change is required, what's the point of producing one - that's getting the cart before the horse a bit?

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PostPosted: Thu Nov 09, 2006 6:12 pm 
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Another interesting way of approaching the question would be to ask those who largely prefer the status quo, under what circumstances would you see the need for new legislation?

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PostPosted: Thu Nov 09, 2006 7:18 pm 
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Quote:
ie, the lone PH operator at the TAXI association meeting?


But I cannot speak for my 2 PH cars at the meeting :wink:

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As regards the Galaxy/Touran and VOSA, yes taxis and PH are different, but the question is why should they be treated differently in different areas?


I think it would be reasonable for the DFT to give guidance on this and make it available to all local authorities. Especially in consideration of all those type approvals.

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As regards my analogy with misscarriages of justice, your retort is that the response of the authorities is merely that there's a right to appeal.


Why? because there is? :shock:


Quote:
On the contrary; for example, the Police and Criminal Evidence Act was enacted to prescribe procedures for the detention and questioning of suspects. The Criminal Procedure and Investigations Act was introduced to ensure that the defence in a criminal case had all the details of the prosecution case available. More recently, the Criminal Cases Review Commission was set up to investigate alleged miscarriages.

Thus I think this underlines the point I'm trying to make - if the law is in need of clarification, is outdated and doesn't really address the needs of those aggrieved then it should be changed - don't you agree? And it's no use merely saying that there's a right to appeal in the process, because this is just avoiding the issue.

And there's no point in saying that things can't be changed because there's no detailed blueprint to hand, because if you can't even see that change is required, what's the point of producing one - that's getting the cart before the horse a bit?


It depends in what context you mean.

In respect of council policies there are a number of avenues and the final avenue is the courts.

CC

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PostPosted: Thu Nov 09, 2006 11:47 pm 
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I suspect the DfT will cite European legislation as being the guide lines that apply in such circumstances. I wouldn't hold out much hope of the Government raising the bar on this issue and besides if they did I do not think any such case would be won in a court of law if the objective was so unreasonable as to make disclosure practically impossible to comply?

Regards


As you say it will be interesting, but unless we ask the question we will not find out the answer.

It is scheduled for later this month in Sefton, I'm curious to see how they can condone one rule for us and a different version for someone else, safety and standards or do these only apply to the British population??

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PostPosted: Fri Nov 10, 2006 2:28 am 
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“That all persons involved in transporting the General Public are subject to an Enhanced CRB check”

‘That the NTA seeks clarification from the Home office, as to the law on taking passengers to the police station for non-payment of taxi fares, and when does that become kidnap.’

‘We the NTA request that Hackney Carriages are made exempt from any road congestion charging or road tolls that are applied anywhere within the United Kingdom.’

‘That the NTA approach government in an effort to make available clear cut guidance upon the validity of oversees criminal record checks’
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You forgot No. 5 :wink:

That it be a condition of licence requiring all male private hire drivers during their medical to be castrated..... :-o :sad: :) :sad:

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PostPosted: Fri Nov 10, 2006 3:59 am 
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MR T wrote:
It is scheduled for later this month in Sefton, I'm curious to see how they can condone one rule for us and a different version for someone else, safety and standards or do these only apply to the British population??


I hope you do get satisfaction because I'm in complete agreement although perhaps for a different reason than yourself. The legal point I raised should bear close scrutiny because I believe if a condition was set which raised the bar considerably or had the effect of completely excluding eastern Europeans, then a court of law would probably have to determine at which point the condition became unreasonable? Provided of course there is a legal challenge?

JD


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PostPosted: Fri Nov 10, 2006 4:11 am 
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have decided to fill in be little gap regarding the Holmes case in Sefton the reason he did not get a plate was very simple he never asked for one :wink:

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PostPosted: Fri Nov 10, 2006 5:45 pm 
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MR T wrote:
have decided to fill in be little gap regarding the Holmes case in Sefton the reason he did not get a plate was very simple he never asked for one :wink:


How do you explain this summing up off of Judge Duncan?

JUDGE DUNCAN: This appeal by Malcolm Holmes against the decision of the Sefton Metropolitan Borough Council to "refuse his application for a hackney carriage licence" has been heard by my colleagues and myself over three part days and there has been (as so often is the case where there is a small gap between hearings) a shift in emphasis and further evidence has been called, but at the end of the day my colleagues and I have been able to come to a decision.

JD


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PostPosted: Sat Nov 11, 2006 1:33 am 
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It was purely and simply over the decision, the judge basically found that the decision was made without enough evidence to support it. the only time his barrister mentioned that he should get a Licence was after the judge had presented his findings.... :wink:

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PostPosted: Sat Nov 11, 2006 8:06 pm 
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captain cab wrote:
In respect of council policies there are a number of avenues and the final avenue is the courts.



Well, yes, as per the gospel according to Captain Cab, but actually the final avenue is Parliament and legislative change.

As you know to your benefit as regards s.75 :)

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PostPosted: Sat Nov 11, 2006 8:08 pm 
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captain cab wrote:
As regards the Galaxy/Touran and VOSA, yes taxis and PH are different, but the question is why should they be treated differently in different areas?


So why not national standards as per VOSA and cars, trucks etc?

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PostPosted: Sun Nov 12, 2006 9:55 am 
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As you know to your benefit as regards s.75


Your missing my halo, you mean to everyones benefit :wink:

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PostPosted: Sun Nov 12, 2006 9:56 am 
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So why not national standards as per VOSA and cars, trucks etc?


European whole type approval would be a start, all vehicles used must be wheelchair accessible.

CC

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PostPosted: Thu Nov 16, 2006 8:39 pm 
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captain cab wrote:
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As you know to your benefit as regards s.75


Your missing my halo, you mean to everyones benefit :wink:

CC


Well that's a bit superficial if you don't mind me saying, since it clearly won't be to the benefit of those who currently take advantage of the exemption.

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PostPosted: Thu Nov 16, 2006 8:40 pm 
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captain cab wrote:
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So why not national standards as per VOSA and cars, trucks etc?


European whole type approval would be a start, all vehicles used must be wheelchair accessible.

CC


That's not very 'councils know best', is it?

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