JD wrote:
Boring wrote:
Right, lets start with some contrition
I think you should have stopped there because your remorse is tainted by the trivial nonsense in the rest of your post.
For instance, after explaining to you the legislation, you come out with this rubbish.
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it is indeed possible that the interpretation of the relevant provisions would mean that any vehicle that is available for hire with a view to profit for public conveyance which operated to pick up from the street where it was not doing so with the benefit of a taxi licence for the area in question, would, whatever the vehicle looked like, give rise to an offence under section 21(a).
Does it really need six irrelevant sentences to apologise for substituting fiction for fact?
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(JD, without wishing to incur your wrath, may I suggest that you guard against using capital (A) when discussing statutory provisions when the provision is in fact (a), as amendments to Statutes often include capitals as a means to distinguish the amended provision from that which was originally enacted: see for example section 27A of the 1982 Act).
Obviously it didn't cross your mind that the capitals were used intentionally to give emphasis to the point in question. If you want to start a thread on the "numbering of divisions in UK legislation" then by all means do so but references to inconsequential typing styles will not deflect criticism from your proven failure to understand the basic provisions found in section 21.
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If I have fallen into error, it is because of a failure to consider section 23, for which I am both embarrased and sorry,
I think you fell into error because you simply don't understand Scottish Taxi legislation regardless of which sections you misinterpret.
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although in my defence it was after a few pints.
Your belated plea of mitigation will probably fall on deaf ears as most will judge your emphatic, inaccurate, opening comments as nothing more than a failed attempt at trying to register an impression on forum subscribers.
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However, section 23(2) defines "hire car" and there is an argument that the terms and meaning of that subsection may colour the meaning and interpretation of the concepts defined in section 23(1). However, for the time being, I will accept your interpretation as correct.
I honestly don't know why you continue to dig when the hole you are in is already of mammoth proportions? The above statement only serves to highlight your ignorance of the 1982 act. You fail to grasp the fact that it is not my interpretation of section 21 that requires acceptance it is you who needs to reconcile your failure to understand the legislation as it is written. I’m afraid that is a fault of your own making and not the fault of me or the legislature. What seems bizarre is that having failed to understand section 21 you are now showing your ignorance of section 23. Why you introduced section 23 which has nothing whatsoever to do with section 21 is a mystery? We are all waiting to read how your confused mind draws the conclusion that section 23.2 colours the meaning of section 23.1.
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Secondly, the use of the term "Hackney" was intended as a colloquialism to differentiate the type of licensed vehicle which can pick up from the streets from that licensed vehicle which cannot.
Mr bored, when you make emphatic statements regarding statutory interpretations you should be accurate. There is no excuse in this particular case because the interpretation of the Act is clear from its opening words to its final paragraph.
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It was not with reference to any statutorily defined term (I cannot be arsed to determine whether you are correct or not, but will assume you are). I will myself guard against such loose use of language in the future.
But it was in reference to a statutory defined term, only the statutory defined term belongs to legislation governing England and Wales. You said this,
Relevant section is, of course, 21(1)(b), as 21(1)(a) applies to taxis, which are statutorily defined as hackneys with the right to ply the streets for hire. Quite an emphatic statement considering it was grossly incorrect. I don’t see any margin for mitigation do you?
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Thirdly, I would hope that any debate in the future could be engaged with a sense of civility and not hostility, although perhaps that ill take some time to cultivate. I am a patient poster.
I would hope that anyone who wrongfully corrects another subscriber like you did, would first get their facts right. I don’t know if your intervention was an attempt at making an impression but if it was then you certainly did make an impression but for all the wrong reasons. The jury is still out on your knowledge of Scottish taxi legislation so I suggest you learn to walk before you run.
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Section 21 does not relate to vehicles, drivers and others operating in a area where they are not licensed to do so.
I suppose when the legislation states If **any** person operates, or permits the operation of, a taxi within an area in respect of which its operation requires to be but is not **licensed** or the **DRIVER** requires to be but is not licensed that person shall be guilty of an offence. I know you have already demonstrated that you are unfamiliar with Scottish Taxi legislation and in particular section 21 of the 1982 act but when the act states **any person** I take it to mean any and all persons including drivers. When the act refers to unlicensed drivers being guilty of an offence then I take it to mean all unlicensed drivers, when section 21 refers to unlicensed taxis committing an offence then I take that to mean any vehicle that is not licensed.
I think your name was well chosen because at this point your drivel is getting a trifle “boring”. It is obvious you don’t understand the legislation so why torture yourself with your own proclamations of stupidity?
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Section 21 makes it an offence for any person to operate or permit the operation of an unlicensed taxi or taxi with an unlicensed driver. The reference to "others" is unclear, I am sure you will be good enough to explain where it refers to others, expressly or by implication, in the provision?
Believe it or not you unsuspectingly answered the “others” question in your opening sentence. The legislation states **any** person, **ANY** encompasses all so **any** OTHER persons means all persons.
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In order to commit the offence in section 21(a), the "person" must "operate" or "permit the operation of" the unlicensed vehicle operating as a taxi.
You forgot to insert the word *ANY* before “person” but I’m glad you now understand that part of the legislation.
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No reference is made to a person knowingly, recklessly or carelessly using an unlicensed taxi
Before you go any further with this, the legislation specifically states operates or permits the operation of a taxi. I’m not remotely interested in how others interpret the word operate. If you wish to argue about the word operate in relation to anyone hiring an unlicensed vehicle then I’m sure GUS will give you a good argument on that score. If you are addressing me then stick to what I’ve said.
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JD notes that taxis can only ply for hire in the area for which they are licensed. This, of course, is not correct, as the purpose of section 21(a) informs us.
Now we have confirmation that you really are a lunatic. If you have one, I suggest you take your Edinburgh licensed cab with your Edinburgh taxi driver license and transport yourself to Glasgow and go and stand and ply for hire on one of their taxi ranks and tell them your name is “boring” and you are entitled to stand and ply for hire on any taxi rank in Scotland.
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Any vehicle can operate as a "Taxi"
Section 21 says nothing of the sort, why the intentional lie?
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by being operated as a hire car with a view to profit for public conveyance by making an arragement in a public place with the passenger to convey them to their desitination for a journey commencing there and then (section 23(1)).
You really are a clown! Section 23 defines the operation of a “licensed taxi” read my lips **licensed** taxi. Section 21 describes the offence of an **unlicensed** taxi. Section 23 has nothing whatsoever to do with section 21. Do you understand that?
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This is the point you make in your first paragraph.
I suggest you stick to the facts of what I said and don’t substitute your own misguided assumptions for my facts. Obviously you not only don’t understand Scottish taxi legislation but when you are made to look a complete imbecile you resort to untruths.
For you information my fist paragraph stated the following.
Before someone with a less tolerant disposition points out your two glaring mistakes I should inform you that the statutory description in Scotland for a vehicle that ply's for public hire is "TAXI". Don't confuse Scottish Taxi legislation with hackney carriage legislation that applies to other parts of the United Kingdom.Now that was my first paragraph.
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You then proceed to suggest otherwise in your fourth paragraph, although why this is put in inverted commas escapes me, perhaps it is a quote from somewhere and you have cut and pasted this?
People are now seeing the riddles you have woven and the complete disarray of the structure of your apologetic diatribe. The above passage has no relevance to anything I wrote in response to your incorrect statement on the subject of section 21.
My fourth paragraph stated,
Section 21 is a provision that sets out the offence of both “taxis and private hire vehicles” and their drivers and other persons, who contravene operating license conditions in an area where they are "unlicensed." Therefore as the section states, any taxi that operates in an area where it is unlicensed commits an offence. Subject to the provisions set out in subsection 2 and 3 of section 21. I take it you don’t understand subsections 2 and 3, hence your stupid comments about any vehicle can operate as a taxi and section 23.
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Of course, a "licensed taxi" can only ply for hire in the area for which it is licensed;
lol are you getting ever more confused? A moment ago you suggested a taxi can ply for hire anywhere it chooses. Are you forgetting these words?
JD notes that taxis can only ply for hire in the area for which they are licensed. This, of course, is not correct, Quote:
one may wish to be sure one's "elementary basic facts" before chastising others for their suggested misunderstandings of said basic facts (albeit my negligence perhaps invited same).
Oh it certainly did and it would appear you are back for a second helping. Is Masochism an enjoyable activity?
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Further JD, section 21 makes no reference to "operating licence conditions" although you do?
Conditions of license require license holders not to breach statutory licensing law you wouldn’t know that otherwise you wouldn’t have made the ridiculous statement. Just for the record here is what I said.
Section 21 is a provision that sets out the offence of both “taxis and private hire vehicles” and their drivers and other persons, who contravene operating license conditions in an area where they are "unlicensed." Quote:
Rather, section 21 refers simply to the operation or permission to operate of a taxi without a licence or licensed taxi without a licensed driver, or indeed picking up passengers or permitting passengers to be picked up by, a private hire vehicle not licensed for that purpose, or driver licensed for that purpose, in the relevant area. Such is, of course, a condition of any licence, but no other licence conditions are engaged by the section.
Having had all that explained to you I’m pleased to see it has finally sunk in.
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Further still, a taxi does not commit an offence in terms of the section as you suggest in the second sentence of your fourth paragraph.
Well here is what I stated in the second sentence of my fourth paragraph.
Therefore as the section states, any taxi that operates in an area where it is unlicensed commits an offence. Subject to the provisions set out in subsection 2 and 3 of section 21.It has already been established that it is the person who commits the offence but a person cannot commit an offence unless there is a vehicle to commit an offence in. I really can’t stomach anymore of your adolescent behaviour, if you can’t grasp the basic fact that a person operating or driving an unlicensed vehicle regardless of its status commits an offence if they breach any provisions found in section 21 then you are nothing more than a fool.
Keep on believing that persons do not commit an offence under section 21 as described by me, you will soon end up without a license.
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Good talking to you.
I don’t share your enthusiasm.
Regards
JD
There are a number of comments that could be made in response, but I think the most pertinent is in relation to the section 23 and 21 relationship. I shall do it in logical numbered paragraphs for you, as this may make it easier to digest:
1. Section 23(1) defines a "taxi" as:
"a hire car which is engaged, by arrangements made in a public place between the person to be conveyed in it (or a person acting on his behalf) and its driver for a journey beginning there and then".
What then is "hire car"?
2. Section 23(2) defines a "hire car" as:
"a motor vehicle with a driver (other than a vehicle being a public service vehicle within the meaning of section 1(1)(a) of the Public Passenger Vehicles Act 1981) which is, with a view to profit, available for hire by the public for personal conveyance
3. It follows, as a matter of logic, from these defined terms that
any motor vehicle with a driver which is, with a view to profit, available for hire by the public for personal conveyance which is engaged by arrangements made in a public place between the person to be conveyed in it (or a person acting on his behalf) and its driver for a journey beginning there and then, is acting as a "taxi" within the defined meaning in section 23(1).
This is the point which Gusmac has made.
Nowhere is the term "licensed taxi" defined in the Act.
4. Section 10(1) provides that a licence, to be known as a "taxi licence", shall be required for the operation of a taxi. It is equally clear from section 10 that the "licensing authority" is the party which grants the taxi licence".
5. the "licensing authority" is, by operation of section 2 of the Act, the local authority for the area within which the activity requiring a licence is to be carried on. (The Local Government legislation, in particular section 56 of the Local Government (Scotland) Act 1973, allows the local authority determine to what body the task is delegated, i.e. to a committee such as the Regulatory Committee.
Hopefully you are still with me JD. I know it is jumping about a bit, but that is the nature of reading a statute and understanding its provisions, but given your knowledge, you probably know that.
Let's summarise in order to assist others not blessed with your breadth of understanding: a "taxi licence", issued by the "licensing authority", being the local authority in which the taxi is to operate, is required to operate a "taxi" in the area of that "licensing authority" and a "taxi" is a "hire car" (i.e. a motor vehicle with a driver which is, with a view to profit, available for hire by the public for personal conveyance) which is engaged by arrangements made in a public place between the person to be conveyed in it (or a person acting on his behalf) and its driver for a journey beginning there and then.
6. Section 23 does not, therefore, define a "licensed taxi". If it did, the reference in section 21 to "taxi", which is of course defined in section 23, would, in your interpretation, mean any person operating, or permitting the operation of, a licensed taxi would commit an offence if they operated (or permitted the operation) in an area for which a licence was required but it did not have a licence. A licensed taxi cannot be used by any person to commit the offence in section 21(a), as by definition, if any person operates or permits the operation of a taxi in an area in which it is not licensed, and thereby commits the offence, he or she or it (remember a person can be a company etc) operates or permits the operation of an unlicensed taxi.
Confused? I suspect not, but just in case. the use of the term "taxi" in sections 10-22 is defined in section 23(1), therefore
every reference to "taxi" in those sections has the meaning ascribed to it by section 23(1). "taxi" is used in section 21(1)(a) and therefore has the meaning ascribed to it by section 23 (1) (hope you can see the relationship now JD). If section 23 defined a licensed taxi as you suggest, and not simply a taxi as the clear words of the Statute provide, section 21(1)(a) would read accordingly:
s.21(1) If any person -
(a) operates, or permits the operation of, a (licensed) taxi within an area in respect of which its operation requires to be but is not licensed...that person shall be guilty of an offence.. (irrelevant wording omitted).
Pretty easy to see the problem with your interpretation now I suspect.
Now, just in case you have forgotten, turning to what you said:
"You really are a clown! Section 23 defines the operation of a “licensed taxi” read my lips **licensed** taxi. Section 21 describes the offence of an **unlicensed** taxi. Section 23 has nothing whatsoever to do with section 21. Do you understand that? "
Hopefully you now understand the error you have fallen into. Yes, you would be right to feel a bit of a plonker given the terse nature of your uneccessarily abusive comments.
You also said:
"lol are you getting ever more confused? A moment ago you suggested a taxi can ply for hire anywhere it chooses. Are you forgetting these words?"
As you will now understand, any person operating or permitting the operation of a vehicle plying for hire on the streets in any licensing authority's area in Scotland is operating as a "taxi", although that person will be doing so illegally unless the taxi is licensed by the licensing authority for the area of operation.
So yes, any vehicle can operate as a taxi, but needs a licence to do so legally.
You also said:
"Before you go any further with this, the legislation specifically states operates or permits the operation of a taxi. I’m not remotely interested in how others interpret the word operate. If you wish to argue about the word operate in relation to anyone hiring an unlicensed vehicle then I’m sure GUS will give you a good argument on that score. If you are addressing me then stick to what I’ve said."
Of course, I was not addressing you in this post, but rather the somewhat more civil and considered comments of Gusmac. Your unfortunate rush to judgment has impeded your ability to notice that you were mentioned specifically in relation to the points which I addressed to you.
You said:
"Therefore as the section states, any taxi that operates in an area where it is unlicensed commits an offence. Subject to the provisions set out in subsection 2 and 3 of section 21."
Again JD, a "taxi" cannot commit the offence, it is an inanimate object. As yet only human beings and legal persons such as companies are subject to the criminal jurisdiction of the Scottish Courts. It is "any person that operates or permits the operation of..." that commits the offence. It is, of course, in the Act JD, the Act that you profess to know in some detail.
You said:
"Keep on believing that persons do not commit an offence under section 21 as described by me, you will soon end up without a license."
The above sets out my view in a logical manner properly referenced to the words of the various provisions of the Statute which are relevant. I do hold a taxi driver's licence and a taxi licence is held in the name of a company in respect of which I am the sole shareholder and director. I do not, however, hold any form of license.
You said in response to my statement "Good talking to you":
I don’t share your enthusiasm.
but neverthless, you took significant time to reply (although perhaps not enough) and also sent me your:
Regards
How sweet.