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 Post subject: Is it Legal?
PostPosted: Tue Mar 01, 2005 7:22 pm 
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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?


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 Post subject: Re: Is it Legal?
PostPosted: Tue Mar 01, 2005 7:48 pm 
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jimbo wrote:
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 think they possibly could, under competition rules.

Say that a saloon HC, and a WAV HC, tendered for a school run. Surely as the saloon HC's costs are far less than the WAV's, then it could be viewed as un-fair competition.

I think. :?

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 Post subject:
PostPosted: Tue Mar 01, 2005 7:50 pm 
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Cripes, Sussex, are you agreeing with me?


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 Post subject: Re: Is it Legal?
PostPosted: Tue Mar 01, 2005 8:19 pm 
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.?

I no this is not the issue at hanbd. But they also have a fourth tier. that of unlicensed minisbuses they use on some of the school runs.
Not taxi not PH not PSV but unlicensed unchecked minibuses.
Dont you just love them. :sad:


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 Post subject: Re: Is it Legal?
PostPosted: Tue Mar 01, 2005 8:35 pm 
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.


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 Post subject:
PostPosted: Tue Mar 01, 2005 9:41 pm 
YORKIE...
Dont forget Landaus,horses(omnibus licence) and a few quid back on natural waste product.......mrT....


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 Post subject:
PostPosted: Tue Mar 01, 2005 9:57 pm 
forget? sorry dont even understand it?


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 Post subject: Is it Legal?
PostPosted: Tue Mar 01, 2005 10:16 pm 
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Surely manchester is 100% Black cab? I'm thinking more in line of L.A's where WAV's are a condition of license for new issues in L.A's with saloon car Hacks.


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 Post subject: Re: Is it Legal?
PostPosted: Tue Mar 01, 2005 10:35 pm 
jimbo wrote:
Surely manchester is 100% Black cab? I'm thinking more in line of L.A's where WAV's are a condition of license for new issues in L.A's with saloon car Hacks.


I am sorry you misunderstand me, the court was in Manchester, bit like a case in Londons court, it was a surrounding didtrict a taxi propietors group questioning whether the condition was fair

I will try and look it up.


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 Post subject:
PostPosted: Tue Mar 01, 2005 11:48 pm 
Yorkie wrote:
forget? sorry dont even understand it?


Yorkie. have you ever been to blackpool ,on the prom there are horse and carriage,licenced by council as hackney,(Landaus) in southport they are licenced on a (omnibus) licence,all come under hackney depatments.

.....mr T..


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 Post subject:
PostPosted: Wed Mar 02, 2005 12:05 am 
MR T wrote:
Yorkie wrote:
forget? sorry dont even understand it?


Yorkie. have you ever been to blackpool ,on the prom there are horse and carriage,licenced by council as hackney,(Landaus) in southport they are licenced on a (omnibus) licence,all come under hackney depatments.

.....mr T..


Yes we had a couple a couple of decades ago, you can whiff it in the air at Blackpool

but how does that affect license fees?


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 Post subject:
PostPosted: Wed Mar 02, 2005 12:37 am 
Yes we had a couple a couple of decades ago, you can whiff it in the air at Blackpool

but how does that affect license fees?[/quote]

It dose not really, except they can charge a different fee.
the point was these are legal different conditions of licene.
mrT.


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 Post subject: Re: Is it Legal?
PostPosted: Wed Mar 02, 2005 5:51 pm 
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jimbo wrote:
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.

Of the thirty odd councils that have recently lifted number restrictions, all bar one has gone down the road of making all new plates WAVs.

So it would seem that it's legal to discriminate in this instance, however un-fair it appears.

Alex

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 Post subject:
PostPosted: Wed Mar 02, 2005 8:33 pm 
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It seems to me to be an iniquity for a council to issue additional licenses on the condition that the new plateholder puts on a WAV when established plateholders remain in a saloon. if all was fair, all license renewals from that date forward should be WAV only. "If that is the law, then the law is a ass sir a ass" Any licensing district should be for Hackney Carriage to be either WAV or Saloon. A condition of license should be a condition for all not for some. Correct me if I'm wrong (yeah, I know some of you wuckfits will correct me if I'm right!!!

The quote is Charles Dickens. £10 to RND 05 if you can tell me who said it


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 Post subject:
PostPosted: Wed Mar 02, 2005 9:46 pm 
Getting a plate is whats fair to these jokers Jimbo, they don't want to know what fair to a majority as long as they get a plate then its fair.

derestriction is an ass.

B. Lucky :twisted:


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