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| Shropshire Council wins crown court taxi appeals http://taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=20018 |
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| Author: | captain cab [ Thu Aug 16, 2012 8:05 am ] |
| Post subject: | Shropshire Council wins crown court taxi appeals |
Shropshire Council wins crown court taxi appeals Shropshire Council has won three court cases in three weeks which uphold decisions taken in the interests of public safety to refuse to grant taxi licences. Judges sitting with lay members at Shrewsbury Crown Court have backed the council’s decisions to refuse to grant hackney carriage vehicle licences to Mr Saeed Mohammed, Mr Tariq Mahmood and Mr Pavinder Banggar. The council refused the licences on the grounds they could not be satisfied that the vehicles would be plying for hire to a material extent within the Bridgnorth zone for which they had each applied. The council has a duty to ensure that it licenses vehicles in line with High Court guidance, which includes the requirement that hackney carriages mostly operate in the council area, in the interests of public safety. If drivers from outside the county are not operating as agreed, this undermines these safeguards and means they cannot be effectively monitored to ensure the vehicles are safe. Mohammed, from Birmingham, lost his crown court appeal against the decision on 20 July 2012 and was ordered to pay costs to the council of £1,000. Mahmood, from Birmingham, lost his appeal on 27 July and was ordered to pay costs to the council of £2,000. Banggar, from Oldbury, lost his appeal on 6 August and was ordered to pay costs to the council of £1,000. The judges and lay members found in favour of the council, taking into account all the information that was considered by the council in making the decisions as well as the council’s out-of-area taxi policy. Shropshire Council’s Cabinet agreed the ‘Intended Use Policy for the Licensing of Hackney Carriages’ policy in February 2012. This came after a significant increase in demand for taxi licences in Shropshire, with the majority of hackney carriage applicants based outside the county. The policy sets out a clear position and procedure under which decisions will be made on hackney carriage applications where the intention is not to work mostly within the Shropshire Council area. An enforcement campaign is also being carried out to ensure that, where licences are granted, the drivers are working mostly within the relevant Shropshire zone. The enforcement work includes checking records to confirm where the vehicles are working, out of hours monitoring exercises which can ultimately lead to licences being revoked if necessary, and sharing information with other councils. Steve Charmley, Shropshire Council’s Cabinet member with responsibility for licensing, said: “The courts have, to date, upheld all such council decisions brought before them to refuse to grant taxi licences because the vehicles would not be used mostly in the county. “In each and every case, this is a great result, and shows that our policy and decision- making is robust and is taken in the best interests of the public. These cases recognise the importance of thoroughly processing and issue licences, which includes consideration of the licensing of out-of-area hackney carriage vehicles, to protect the safety of passengers. “Shropshire is sending a clear message to applicants or drivers who have been issued with licences to operate in the county, that if they have no intention to work here or they are unable to provide evidence that they are working predominantly in Shropshire, this practice in unacceptable and we will challenge it. We are pleased that the courts continue to support our approach.” source: http://www.shropshirelive.com/2012/08/1 ... i-appeals/ |
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| Author: | captain cab [ Thu Aug 16, 2012 8:10 am ] |
| Post subject: | Re: Shropshire Council wins crown court taxi appeals |
Quote: “The courts have, to date, upheld all such council decisions brought before them to refuse to grant taxi licences because the vehicles would not be used mostly in the county.  sanity.........Rossendale and Gedling Councils......hold your heads in shame - you useless c*nts. |
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| Author: | Sussex [ Thu Aug 16, 2012 8:13 pm ] |
| Post subject: | Re: Shropshire Council wins crown court taxi appeals |
captain cab wrote: Quote: “The courts have, to date, upheld all such council decisions brought before them to refuse to grant taxi licences because the vehicles would not be used mostly in the county. sanity.........Rossendale and Gedling Councils......hold your heads in shame - you useless c*nts. It would be really good if that was taken to a higher court. Providing the council won of course. 
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| Author: | edders23 [ Thu Aug 16, 2012 9:43 pm ] |
| Post subject: | Re: Shropshire Council wins crown court taxi appeals |
captain cab wrote: Quote: “The courts have, to date, upheld all such council decisions brought before them to refuse to grant taxi licences because the vehicles would not be used mostly in the county. sanity.........Rossendale and Gedling Councils......hold your heads in shame - you useless c*nts. I think you can add a few more names to that Rutland Berwick etc etc |
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| Author: | solo.cab [ Sun Aug 19, 2012 2:27 pm ] |
| Post subject: | Re: Shropshire Council wins crown court taxi appeals |
Only as it should be Berwick started all this rubbish using the 1847 Town and Police clauses, then why are Hackneys used as Private Hire Vehicles allowed to park on the side of the road anywhere when this is clearly no permitted by the same 1847 Act. 38. What vehicles to be deemed hackney carriages Every wheeled carriage, whatever may be its form or construction, used in standing or plying for hire in any street within the prescribed distance, and every carriage standing upon any street within the prescribed distance, having thereon any numbered plate required by this or the special Act to be fixed upon a hackney carriage, or having thereon any plate resembling or intended to resemble any such plate as aforesaid, shall be deemed to be a hackney carriage within the meaning of this Act; and in all proceedings at law or otherwise the term "hackney carriage" shall be sufficient to describe any such carriage: Provided always, that no stage coach used for the purpose of standing or plying for passengers to be carried for hire at separate fares, and duly licensed for that purpose, and having thereon the proper numbered plates required by law to be placed on such stage coaches, shall be deemed to be a hackney carriage within the meaning of this Act. Mal |
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| Author: | Sussex [ Sun Aug 19, 2012 5:44 pm ] |
| Post subject: | Re: Shropshire Council wins crown court taxi appeals |
solo.cab wrote: Only as it should be Berwick started all this rubbish using the 1847 Town and Police clauses, then why are Hackneys used as Private Hire Vehicles allowed to park on the side of the road anywhere when this is clearly no permitted by the same 1847 Act. I would say it's because a taxi outside of it's area isn't plying for hire, as he is not allowed to do so. |
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| Author: | solo.cab [ Sun Aug 19, 2012 6:16 pm ] |
| Post subject: | Re: Shropshire Council wins crown court taxi appeals |
So what gives hackney carriage from out of town acting as a Private Hire Vehicle perse, the right to park on the road and not break the 1847 Act, section 38 clearly states any four wheeled vehicle parked on the road with a plate or similar can be deemed a hackney carriage and (guilty of an offense) which makes it out of area parked without a license to ply for hire in the area he is parked, not complicated for me to understand. Thats how I read it, to me the reasonable explanation of the written word. Mal |
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| Author: | Sussex [ Sun Aug 19, 2012 8:01 pm ] |
| Post subject: | Re: Shropshire Council wins crown court taxi appeals |
solo.cab wrote: So what gives hackney carriage from out of town acting as a Private Hire Vehicle perse, the right to park on the road and not break the 1847 Act, section 38 clearly states any four wheeled vehicle parked on the road with a plate or similar can be deemed a hackney carriage and (guilty of an offense) which makes it out of area parked without a license to ply for hire in the area he is parked, not complicated for me to understand. Thats how I read it, to me the reasonable explanation of the written word. Mal The way all laws are written (well 99.99%) is that you can do anything you like as long as there isn't a law that says you can't. In my view there isn't a law which says a hackney out of area can't park up where they please, in the same way as a PH can. Thus if it's not illegal, it must be legal. |
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| Author: | solo.cab [ Sun Aug 19, 2012 8:38 pm ] |
| Post subject: | Re: Shropshire Council wins crown court taxi appeals |
Obviously the Taxi Trade do not understand that the 1847 Act of Parliament is a Law otherwise how did this cross border issue raise its ugly head, use the 1847 Act for one thing that suits, and ignore it for something that does not, people only read what they want to see, including all the Barristers and Judges who are involved in Taxi Law cases and Taxi Drivers who moan about whatever and do nowt about owt, still why worry all Hackney Carriage Owners and Drivers will soon be out of work with all these stupid changes that are purported to be taking place with the Law Commission on the case, still plenty of room on the Dole. I'm just one man so what the heck, by the way what gives PH the right to park like flies on muck wherever they like. Mal |
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| Author: | Sussex [ Mon Aug 20, 2012 7:49 am ] |
| Post subject: | Re: Shropshire Council wins crown court taxi appeals |
solo.cab wrote: by the way what gives PH the right to park like flies on muck wherever they like. Existing law. |
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| Author: | solo.cab [ Mon Aug 20, 2012 4:18 pm ] |
| Post subject: | Re: Shropshire Council wins crown court taxi appeals |
can you please show the existing LAW to me this I must read. Mal |
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| Author: | Sussex [ Mon Aug 20, 2012 6:59 pm ] |
| Post subject: | Re: Shropshire Council wins crown court taxi appeals |
solo.cab wrote: can you please show the existing LAW to me this I must read. Mal That's the point I was trying to get through to you a few posts up. There is no law which says they can't, therefore they can. |
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| Author: | solo.cab [ Mon Aug 20, 2012 8:10 pm ] |
| Post subject: | Re: Shropshire Council wins crown court taxi appeals |
And the point I made there is an existing Law 1847 Section 38 Town and Police Clauses Act states: 38 What vehicles to be deemed hackney carriages Every wheeled carriage, whatever may be its form or construction, used in standing or plying for hire in any street within the prescribed distance, and every carriage standing upon any street within the prescribed distance, having thereon any numbered plate required by this or the special Act to be fixed upon a hackney carriage, or having thereon any plate resembling or intended to resemble any such plate as aforesaid, shall be deemed to be a hackney carriage within the meaning of this Act; and in all proceedings at law or otherwise the term “hackney carriage” shall be sufficient to describe any such carriage: EVERY WHEELED CARRIAGE WHATEVER MAY BE ITS FORM OR CONSTRUCTION If that's not a Law then I don't know what is and it covers EVERY WHEELED CARRIAGE, this I think you will find covers Private Hire Vehicles and has never been repealed, so it is still Legally in Force. Thank You that's what I call an existing LAW. Mal |
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| Author: | Sussex [ Mon Aug 20, 2012 8:11 pm ] |
| Post subject: | Re: Shropshire Council wins crown court taxi appeals |
solo.cab wrote: And the point I made there is an existing Law Section 38 Town and Police Clauses Act states: 38 What vehicles to be deemed hackney carriages Every wheeled carriage, whatever may be its form or construction, used in standing or plying for hire in any street within the prescribed distance, and every carriage standing upon any street within the prescribed distance, having thereon any numbered plate required by this or the special Act to be fixed upon a hackney carriage, or having thereon any plate resembling or intended to resemble any such plate as aforesaid, shall be deemed to be a hackney carriage within the meaning of this Act; and in all proceedings at law or otherwise the term “hackney carriage” shall be sufficient to describe any such carriage: EVERY WHEELED CARRIAGE WHATEVER MAY BE ITS FORM OR CONSTRUCTION If that's not a Law then I don't know what is and it covers EVERY WHEELED CARRIAGE, this I think you will find covers Private Hire Vehicles and has never been repealed, so it is still Legally in Force. Thank You that's what I call an existing LAW. Mal The above relates to hackneys not PH. |
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| Author: | solo.cab [ Mon Aug 20, 2012 8:18 pm ] |
| Post subject: | Re: Shropshire Council wins crown court taxi appeals |
It points to Every wheeled Vehicle what ever its form. Therefore it covers Private Hire. The 1847 Act was good enough for the PH to force in these stupid changes that have been allowed with out reading the same Act that say they are guilty of an offense if they do so. TO Simple for people to see but in fact it is a fact. Thank You Malcolm |
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