Taxi Driver Online

all of a sudden we have "executive/chauffeur" companies wanting to be exempt from displaying their vehicle/driver plates!!! a request is to be made on wednesday 11th at the regulatory meeting to exempt up to 5 companies, 1 company at present is a "7 day contract" company who is not using local licensed vehicles, am i right in thinking "loophole" or rather: if no plate and no badge and no enforcement = no change in current operation?
your views please.

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pussycat

In my view 7 day contract back pocket brigade are soon going to be up the creek anyway so i disregard them, as for the others if there clearly legal and licenced i see no problem with not having to display the badge, however i do feel that it would probably be better if they made just a small design that was incorporated with your number plate

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Legal and proud

Loads a love from BERTIE !!

Thanks mike, I agree that the licensed companies who offer their executive services at least abide by the rules, but I still think there is something rather strange that considering we don't have to have company logo's on our vehicles, a vehicle plate is not an "eyesore" and a name badge is worn by most people in the public service sector, I think that the request to be exempt is an excuse for something else, which, in 1 company in particular, is to continue cross border issues.

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pussycat

In London the Sultan and other dignitories wont use badged vehicles,the PCO grants exemption on security grounds.

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The views expressed by this contributor do not neccesarily reflect the policys of The GMB Nationally or of the GMB London Region.

A licensing authority can only apply conditions to those vehicles and drivers that are licensed. A licensing authority can stipulate any type of plate or identification mark to be placed on a licensed vehicle as long as it is reasonable. There would be nothing to stop a council from insisting all vehicles display identification marks on the front and rear windscreen.

I take this opportunity to remind everyone that the 1976 act as it stands, does not provide separate legislation for limousines. Therefore any standard conditions attached to limousines licensed as Private hire vehicles in "theory" should apply to all private hire vehicle.

There is no provision in the 1976 act for a special limousine private hire vehicle license and councils cannot rewrite legislation no matter how much they may desire.

The recent case of a council allowing a left hand drive vehicle to be licensed as P/H would suggest to me that every other left hand drive vehicle submitted for P/H licensing at this authority would have to be afforded the same privilege.

The only assistance a council has in respect of "reasonable" conditions is as follows under section 48 of the 1976 act.

48 Licensing of private hire vehicles (1) Subject to the provisions of this Part of this Act, a district council may on the receipt of an application from the proprietor of any vehicle for the grant in respect of such vehicle of a licence to use the vehicle as a private hire vehicle, grant in respect thereof a vehicle licence:

Provided that a district council shall not grant such a licence unless they are satisfied—

(a) That the vehicle is—

(i) Suitable in type, size and design for use as a private hire vehicle;

(ii) Not of such design and appearance as to lead any person to believe that the vehicle is a hackney carriage;

(iii) In a suitable mechanical condition;

(iv) Safe; and

(v) Comfortable;

(b) That there is in force in relation to the use of the vehicle a policy of insurance or such security as complies with the requirements of [Part VI of the Road Traffic Act 1988], and shall not refuse such a licence for the purpose of limiting the number of vehicles in respect of which such licences are granted by the council.

[b](2) A district council may attach to the grant of a licence under this section such conditions as they may consider reasonably necessary including, without prejudice to the "generality" of the foregoing provisions of this subsection, conditions requiring or prohibiting the display of signs on or from the vehicle to which die licence relates.

(3) In every vehicle licence granted under this section there shall be specified—

(a) The name and address of —

(i) The applicant; and

(ii) Every other person who is a proprietor of the private hire vehicle in respect of which the licence is granted, or who is concerned, either solely or in partnership with any other person, in the keeping, employing or letting on hire of the private hire vehicle;

(b) The number of the licence which shall correspond with the number to be painted or marked on the plate or disc to be exhibited on the private hire vehicle in accordance with subsection (6) of this section;

(c) the conditions attached to the grant of the licence; and

(d) such other particulars as the district council consider reasonably necessary.

(4) Every licence granted under this section shall —

(a) be signed by an authorised officer of the council which granted it;

(b) relate to not more than one private hire vehicle; and

(c) remain in force for such period not being longer than one year as the district council may specify in the licence.

(5) Where a district council grant under this section a vehicle licence in respect of a private hire vehicle they shall issue a plate or disc identifying that vehicle as a private hire vehicle in respect of which a vehicle licence has been granted.

(6) (a) Subject to the provisions of this Part of this Act, no person shall use or permit to be used in a controlled district as a private hire vehicle a vehicle in respect of which a licence has been granted under this section unless the plate or disc issued in accordance with subsection (5) of this section is exhibited on the vehicle in such manner as the district council shall prescribe by condition attached to the grant of the licence.

(b) If any person without reasonable excuse contravenes the provisions of this subsection he shall be guilty of an offence.

(7) Any person aggrieved by the refusal of a district council to grant a vehicle licence under this section or by any conditions specified in such a licence, may appeal to a magistrates' court.

Amendment
Sub-s (I): words in square brackets in para (b) substituted by the Road Traffic (Consequential Provisions) Act 1988, s 4,

I think a degree of flexibilty should be used when bringing the un-licensed trade into the licensed world.

Don't mean that there should be any different checks on vehicles and drivers, but I'm sure a way forward can be worked out in respect of signage and plates.

Maybe an internal plate could be the answer.

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IDFIMH

I would agree with that!

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Legal and proud

Loads a love from BERTIE !!

There is a case;

Solihull vs. Silverline Cars

Section 75 (3) would be a possible route.

I understand why executive type vehicles do not wish to display plates and have some sympathy.

I think its more important that these vehicles are licensed, even if the condition where they have to display a council plate is waived, the vehicle and driver is still licensed and vetted.

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Section 75.3 does indeed seem to give special dispensation if the exemption notice is displayed inside the vehicle. However I doubt many councils will go down that road and I think they are more likely opt for a sticker of some sort attached to the front and rear windscreans.

I thought I posted the Silverline case but I can't find it anywhere on TDO so I posted it again to make sure.

Here is 75.3

(3) Where a licence under section 48 of this Act is in force for a vehicle, the council which issued the licence may, by a notice in writing given to the proprietor of the vehicle, provide that paragraph (a) of subsection (6) of that section shall not apply to the vehicle on any occasion specified in the notice or shall not so apply while the notice is carried in the vehicle; and on any occasion on which by virtue of this subsection that paragraph does not apply to a vehicle section 54(2)(a) of this Act shall not apply to the driver of the vehicle.

Regards

JD

JD,

does that make me an official smart ar$e? or is it just in my imagination?

regards

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

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Legal and proud

Loads a love from BERTIE !!

Repeat in London no identification whatsoever on licensed vehicles granted exemption.So JD how does fit in,London legislation different.Have negotiated this exemption personally with PCO for members ,it is not difficult.Would be interested to know the formula enabling it.
ORGANISE EDUCATE AGITATE!

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The views expressed by this contributor do not neccesarily reflect the policys of The GMB Nationally or of the GMB London Region.

The formula for enabling it is by way of exemption under the LGMPA section 75.3.

Each case would be viewed on its merits but if a strong case was put forward for exempting certain types of licensed vehicles then who knows what might happen? If I was a councillor I would prefer some sort of identification on a vehicle for public recognition but who can second guess the mind of a councillor? lol

Regards

JD