So,
Proposal 1
The proposed section 46 (1) (c) clarifies the situation which by following relevant case law was already held to be the case. The amendment merely clarifies understanding.
So WTF change it then? There are umpteen different issues/laws/rules/sections that need changing, so why are we wasting time fixing something that the courts have already fixed FFS.
Proposal 2.
The proposed section 46 (1) (d) places a new obligation of operators of hackney only radio systems and does impose a burden. It is however felt that any person earning their living from providing such a booking service should be subject to the same constraint as an existing private hire operator.
I can see where they are coming from, and there may be some merit in having a record of who booked what and when, and which cab was given the job and when. But I can also see a situation where this amendment is used by some brain dead council to ensure all licensed cab drivers need a PH operator's license to take phone bookings. Maybe they might be excused in their own manor, but what if one of their personal customers ring them up when they are at an airport or anywhere out of their manor? Would that booking be illegal?
Proposal 3.
The proposed section 46 (1) (e) amendment joins the two previous so that local control is assured as once again all three licenses will have to be issued by one authority and mix and matching cannot occur.
Again, WTF are we messing around spending valuable time on pointless bureaucracy? Case law has settled this, what more does anyone need?
Proposal 4 - Definition of Authorised Officer
This was the first matter which was agreed upon by the group. By enhancing the definition of the Authorised Officer you give a greater degree of protection to the traveling public and also prevent any unscrupulous person from trying to avoid the regime.
For what it's worth I think this makes sense, if it is done properly. Ignoring the fact, for a while, that hardly any enforcement happens, if a licensing officer see something he is not happy about, then he should be able to investigate no matter which council the taxi/PH is licensed in. Or in many cases not licensed at all.
Proposal 5 & 6 - Definition Controlled District – District.
These proposals were to clarify the existing legislation. If left as proposed it would mean that Plymouth CC would have to adopt the 1976 act rather than continue with its own legislation but the group felt that the national benefits of clarity could outweigh the local implications. In respect of where the legislation mentions district then it would be apparent that the district intended was the district in which area the matter arose.
I hope I am reading this bit wrong, cos I reckon someone is trying to f*** the national PH trade, and do a bit of empire building. Plymouth don't have to do a thing, and no-one has ever given a monkeys as to implications of Plymouth not adopted the 1976 act. This is being used by people who pretend to represent the PH trade to mislead the DfT. And I can assure those folks it has been noted.
Proposal 7 – Definition Operate
This proposal is meant to have the affect of making any person taking bookings for a number of vehicles either hackney or private hire, having to be licensed as an operator. It is also meant to exclude from the statutory definition an occasion where an individual hackney driver plying or standing for within their own area accepts a booking for a future event and which booking starts or finishes within their own district.
So a hackney carriage wouldn't be able to accept a booking unless it was picked up or dropped off in his manor. What if the job goes from just outside the east of his manor to just outside the west of his manor? And please remind me who is going to enforce this? What if the customer lies, and it doesn't go to or from the cab driver's manor? Does the driver get into trouble, and/or is the customer an accessory? FFS bin this rubbish please.
Proposal 8, 9 &10 – Definition taximeter, vehicle license, private hire Vehicles.
These proposals are for clarification and are made in the light of the preceding proposals. In particular vehicle license is dependent upon the consultation on proposals 5 & 6.
Proposal 11 – Sub-contracting bookings by operators.
This proposal is designed to bring the 1976 act in line with the current situation under the Private hire vehicles London act 1998 (section 5) whereby a London based operator can subcontract work to a provincial operator licensed under the act of 1976. The reverse is not currently the case if this proposal is adopted then operators can build upon networks of contacts so that if a car breaks down out of its own district then an operator based in another area can be asked to complete the journey and the original operator will still be liable for the completion of the contract.
This particular gem only appeared right at the end, and a cynic might say someone is trying to mug the members of the meeting of minds. At least this time Plymouth aren't getting the blame, it's those good folks in London's fault. There are nearly 100,000 posts on TDO, and I bet there is not one from anyone complaining about London ops being able to something that non London ops can't. Why? Well because it's not a problem. But clearly some so-called representatives of the trade want multi-council operators to control the national PH trade. They want the bus companies to have operators the length and breadth of the country. They clearly don't understand that big business will search for the poorest standards in vehicles and drivers and then pollute an area which up until then had high standards. I could go on, but I will say to those who think they will get away with this, that their cards are marked.
