jimbo wrote:
I was wondering the other day, it would appear that some L.A's (Brighton, for instance), operate a three tier licensing system, rather than the normal two tier, by only issuing "new" plates to operators who will put on a WAV. Therefore you have a) WAV Hacks b) Saloon Hacks, and c) P.H. Is it possible I ask to make it a condition of License that only certain plateholders have to comply to a specific rule? Surely (in Law) a by law is aby law, and a condition of license, is a condition of license? If a L.A. decides on a dress code for drivers, (as some do), or a specific colour for cabs, (as some do), could it be seen as reasonable for the new conditions to apply only to new entrants, and not to the old hands?
So I wondered (I don't care, I just wondered), could a plateholder in a district that is mainly saloon challenge in law an insistence that it is a condition of license that they put on a WAV rather than a saloon.
I put forward this supposition on this entirely hypothetical situation because, we will suppose that a L.A. has 100 saloon hacks. They decide that they will isue a further 50 plates, but only to WAV's. Three years on, they decide to deregulate entirely, they would surely then have to test and plate any saloon that was presented for test, including any proprietor that changed from WAV to saloon. The only way the L.A. could then improve the number of WAV's would be for them to make it a condition of license that ALL hackney carriages shall be WAV?
it has been tested in court in Manchester, yes its legal.