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PostPosted: Sat Jan 08, 2011 6:36 pm 
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There was something similar here where the driver had numerous faults and inspections of his vehicle,he was a owner.The council condemned the vehicle and put conditions on his licence to show maintenence and garage reciepts and regular service intervals.I still dont get the' fit and proper' bit.


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PostPosted: Sat Jan 08, 2011 7:09 pm 
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captain cab wrote:
wannabeeahack wrote:
he couldnt be arsed to pay for repairs, he endangered the public, if anyone had been harmed or killed by his negligence he would have been up on charges


His negligence?

CC


of course

if i drive with faulty brakes knowing them to be faulty, kill someone then thats down to my negligence


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PostPosted: Sat Jan 08, 2011 7:10 pm 
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if the car failed an inspection why wasnt the plate removed by the LO?


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PostPosted: Sat Jan 08, 2011 7:10 pm 
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Why do you need a proprieters licence? We don't have any such licence. If you have a Hackney vehicle, that obviously needs a plate and you then need a drivers badge. If the vehicle does not pass the test then it doesn't get plated, end of.

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PostPosted: Sat Jan 08, 2011 8:43 pm 
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captain cab wrote:
Nope I'm not saying that.

I'm saying if a driver takes a vehicle to a garage and the garage then tells him the cab has been serviced and ready for test.......should the driver have his license revoked?


Well of course that's a bit different to the scenario that I presented, which was why I said you were "kind of" saying what you said.

But since you spoke earlier about someone "maintaining" their cab I assumed you were talking about something a bit less passive than leaving it entirely in the hands of a garage.

However, in general terms your point is a good one, and presumably councils should take into account the extent to which a reasonably competent proprietor should be able to spot obvious safety deficiencies - such as tyres - or leave them to a garage.

And, to what extent should a driver be liable in both criminal law and the law of negligence for faults that might not be immediately obvious?

I don't know the precise answer to that, but of course the principle further extends to the quasi-judicial function of licensing authorities, and indeed extends further to the kind of issues raised by jasbar recently.

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PostPosted: Sat Jan 08, 2011 8:47 pm 
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grandad wrote:
Why do you need a proprieters licence? We don't have any such licence. If you have a Hackney vehicle, that obviously needs a plate and you then need a drivers badge. If the vehicle does not pass the test then it doesn't get plated, end of.


Isn't the proprietor's licence the plate?

And is your point saying that a convicted gangster, drug dealer or money launderer is OK for a plate as long as the vehicle is roadworthy and is driven by other fit and proper people?

A fair question, but I doubt if most people would be sympathetic to it.

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PostPosted: Sun Jan 09, 2011 2:45 am 
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Caledonian Cabbie wrote:
grandad wrote:
Why do you need a proprieters licence? We don't have any such licence. If you have a Hackney vehicle, that obviously needs a plate and you then need a drivers badge. If the vehicle does not pass the test then it doesn't get plated, end of.


Isn't the proprietor's licence the plate?

And is your point saying that a convicted gangster, drug dealer or money launderer is OK for a plate as long as the vehicle is roadworthy and is driven by other fit and proper people?

A fair question, but I doubt if most people would be sympathetic to it.


No I don't think that the vehicle plate is a proprietors licence.
When did I say anything about convicted gangsters, drug dealers or money launderers?

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PostPosted: Sun Jan 09, 2011 3:32 am 
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grandad wrote:
No I don't think that the vehicle plate is a proprietors licence.


So what's the difference then? :-k

Quote:
When did I say anything about convicted gangsters, drug dealers or money launderers?


You didn't, but didn't you say that if a vehicle simply passes the appropriate roadworthiness test then it should be plated?

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PostPosted: Sun Jan 09, 2011 10:26 am 
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Caledonian Cabbie wrote:
grandad wrote:
No I don't think that the vehicle plate is a proprietors licence.


So what's the difference then? :-k

Quote:
When did I say anything about convicted gangsters, drug dealers or money launderers?


You didn't, but didn't you say that if a vehicle simply passes the appropriate roadworthiness test then it should be plated?


To me the difference is that by definition a proprietors licence woulkd be a licence allowing a proprietor of a business to trade. A vehicle licence is a licence to allow a vehicle to be used.

No, I said that if a vehicle does not pass the test then it doesn't get plated.
But yes if a vehicle passes the criteria to be plated then it should be plated.
This particular case is about a vehicle that clearly would not pass the test and therfore it should not be plated and at some point the driver continued to work in another vehicle.
What is not clear from the report is if, when the original vehicle was found to have faults, were they then fixed and then at a subsequent inspection the vehicle was again found to have faults or if these were the same faults and they had not been fixed.
Now to my mind, if the vehicle was found to have these faults and the driver fixed them and then there were some new faults found albeit on the same components at a later inspection and they were again fixed, then I don't see to much of a problem. However if the driver continued to drive the vehicle without fixing the faults and was subsequently caught again then I would say that he was not "fit and proper" and should have his drivers badge taken away.

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 Post subject:
PostPosted: Sun Jan 09, 2011 11:37 am 
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our plating is accompanied by an A4 sheet of paper - the "Vehicle Licence"


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PostPosted: Sun Jan 09, 2011 12:47 pm 
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They used to fail us if we had the littlest stone chip on the paintwork. When we've got a dead head Council putting stone chippings down chipping the bonnet and valance what could you do?

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PostPosted: Sun Jan 09, 2011 8:11 pm 
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grandad wrote:
To me the difference is that by definition a proprietors licence woulkd be a licence allowing a proprietor of a business to trade. A vehicle licence is a licence to allow a vehicle to be used.


So do you mean that's how you'd like it to be or that's what it is?

As things stand I think a vehilce licence in the trade both allows the business to trade and allows the vehicle per se to be used. Ie it's a proprietor's licence for a vehicle.



Quote:
No, I said that if a vehicle does not pass the test then it doesn't get plated.
But yes if a vehicle passes the criteria to be plated then it should be plated.


This particular case is about a vehicle that clearly would not pass the test and therfore it should not be plated and at some point the driver continued to work in another vehicle.
What is not clear from the report is if, when the original vehicle was found to have faults, were they then fixed and then at a subsequent inspection the vehicle was again found to have faults or if these were the same faults and they had not been fixed.
Now to my mind, if the vehicle was found to have these faults and the driver fixed them and then there were some new faults found albeit on the same components at a later inspection and they were again fixed, then I don't see to much of a problem. However if the driver continued to drive the vehicle without fixing the faults and was subsequently caught again then I would say that he was not "fit and proper" and should have his drivers badge taken away


So ignoring the minutiae of this particular case, you are saying that a drug delaer et all should be allowed to plate a vehicle as long as they don't drive it?

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 Post subject:
PostPosted: Sun Jan 09, 2011 8:16 pm 
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wannabeeahack wrote:
our plating is accompanied by an A4 sheet of paper - the "Vehicle Licence"


Indeed, but I think in substance it's a proprietor's licence, because if it wasn't then why would they want to know the details of the, er, proprietor?

Irrespective of the terminoloy used I think that when the term proprietor's licence is used in the trade then people know it's referring to the vehicle licence/plate, the plate merely being a physical representation of the vehicle's paper licence which is attached to the vehicle itself.

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 Post subject:
PostPosted: Sun Jan 09, 2011 9:05 pm 
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Location: Twixt Heaven and Hell, but nearest Hell
Private Hire:-
Ops Licence
Vehicle Licence+Plate
Driver Licence+Badge (dual PH/HC here)

Hack
Vehicle Licence+Plate
Driver Licence+Badge (dual PH/HC here)


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 Post subject:
PostPosted: Sun Jan 09, 2011 9:18 pm 
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Location: A taxi on a taxi rank
wannabeeahack wrote:
Private Hire:-
Ops Licence
Vehicle Licence+Plate
Driver Licence+Badge (dual PH/HC here)

Hack
Vehicle Licence+Plate
Driver Licence+Badge (dual PH/HC here)


Your point being???

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