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PostPosted: Wed Feb 06, 2008 11:02 am 
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Location: Medway
Hi

This is question I raised to a couple of taxi drivers, basically I want to know if I can obtain insurance for my wife to drive my vehicle. This is a Hackney Taxi - the vehicle happens to be a Zafira that you can take the toplight/taxi signs off and then it obviously does not look like a taxi. My wife not being a taxi driver will not obviously use it as a taxi.

Anyway when I raised this 1 driver said that he has obtained insurance for his spouse, and the other one said that only Taxi drivers can be insured onto a taxi.

I thought I would ask here for some advise, before speaking to the insurance company.


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PostPosted: Wed Feb 06, 2008 11:23 am 
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Only people who have a taxi badge can drive a taxi. The fact that someone says they have insurance does not mean that they can drive the vehicle. If someone drives it without the badge they are committingan offense.

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PostPosted: Wed Feb 06, 2008 11:51 am 
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Grandad is right. As long as the vehicle is licensed as a Taxi it can only be driven by a person holding a Taxi drivers licence. If your colleague obtained insurance for his wife then please let us know the name of the insurance company as I assume there are many people in the Taxi trade who would dearly love to take advantage of such an opportunity.

Regards

JD

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PostPosted: Wed Feb 06, 2008 12:07 pm 
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You can be insured. The insurance company isn't concerned if the driver has a hackney carriage badge.

But whilst driving it, the driver can be prosecuted for driving a hackney unlicensed.

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PostPosted: Wed Feb 06, 2008 12:36 pm 
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try westminister insurance, westminister bridge road london well cheap and helpful they insure me and the trouble and strife no prob fella ...i dont let her drive it though last time i did she went to harrods with her mates parked on a rank and went shopping !!!!!!!!!

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PostPosted: Wed Feb 06, 2008 12:48 pm 
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Tom Thumb wrote:
You can be insured. The insurance company isn't concerned if the driver has a hackney carriage badge.


But as we all know the law is concerned.

That is why it is illegal for anyone who doesn't hold a taxi drivers license, to drive a licensed taxi.

I think the question raised relates to what is legal under the law. It is my understanding that Westminster won't insure anyone to drive a licensed hackney carriage that doesn't hold a current taxi drivers license. However I'm open to persuasion.

Regards

JD

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PostPosted: Wed Feb 06, 2008 1:16 pm 
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And whatsmore, if a proprietor knowingly permits the use of a hackney carriage to someone who doesn't hold a hackney carriage drivers license then they themselves are also committing an offence.

Regards

JD

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PostPosted: Wed Feb 06, 2008 2:36 pm 
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I presume a mechanic has an exemption for appropriate purposes?


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PostPosted: Wed Feb 06, 2008 3:38 pm 
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cabbyman wrote:
I presume a mechanic has an exemption for appropriate purposes?


No. There was a thread on here a while back where a chap was prosecuted for taking the taxi on a road test.

My insurance states any driver provided they hold the correct licenses to drive. Which means a hackney badge.

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PostPosted: Wed Feb 06, 2008 4:46 pm 
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cabbyman wrote:
I presume a mechanic has an exemption for appropriate purposes?


Not according to law.

We had a case on TDO consisting of a prosecution for the very thing you mention. The accused was able to put up a robust defence which cast doubt on the charge of which he was accused and that was enough to convince the magistrate that the case against him was not proven. I wouldn't for one minute think that lightning would strike twice especially for a less informed offender.

Regards

JD

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PostPosted: Wed Feb 06, 2008 6:17 pm 
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medway wrote:
I want to know if I can obtain insurance for my wife to drive my vehicle.

No, unless she gets a badge, and I don't mean a fire-lighting scout one. :wink:

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PostPosted: Wed Feb 06, 2008 6:43 pm 
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cabbyman wrote:
I presume a mechanic has an exemption for appropriate purposes?

I been looking at this, and it appears that you can. :D

Section 46 of the 1847 act was changed by schedule 7 part 3 of the 1985 act.

TDO 1847 act thread

TDO 1985 act thread

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PostPosted: Wed Feb 06, 2008 8:46 pm 
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Location: Seaford
Why is it some people on this website can find something out in hours.
When it takes taxi officers years.

Flyer


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PostPosted: Wed Feb 06, 2008 9:45 pm 
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Flyer wrote:
Why is it some people on this website can find something out in hours.
When it takes taxi officers years.

Flyer
It's easier if your interested.........

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PostPosted: Thu Feb 07, 2008 2:30 am 
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Unless the person driving is a qualified person as authorised under section 45 of the 1988 Road traffic act then they cannot drive a hackney carriage without first obtaining a hackney carriage drivers license and those persons such authorised can only drive a hackney carriage for the purpose of testing for mechanical stability in relation to conditions of fitness in respect of a "test certificate". "Clause A"

The other Alternative is set out in "Clause B"

The Town Police Clauses Act 1847

3

Section 46 of the Town Police Clauses Act 1847 (drivers not to act without first obtaining a licence)

shall not apply to a person driving a hackney carriage licensed under that Act for the purpose of or in connection with

(a) any test of the mechanical condition or fitness of the hackney carriage or its equipment carried out for the purposes of [section 45 of the Road Traffic Act 1988] (tests of satisfactory condition of vehicles other than goods vehicles) or for the purposes of any requirements with respect to such condition or fitness imposed by or under any other enactment; or

(b) any test of that person's competence to drive a hackney carriage carried out for the purposes of any application made by him for a licence to drive a hackney carriage.
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Section 45 Road Traffic act 1988.

Tests of vehicles other than goods vehicles to which section 49 applies

45 Tests of satisfactory condition of vehicles

(1) This section applies to motor vehicles other than goods vehicles which are required by regulations under section 49 of this Act to be submitted for a vehicle test under that section and has effect for the purpose of ascertaining whether the [following requirements are complied with, namely—

(a) the prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment, and

(b) the requirement that the condition of motor vehicles should not be such that their use on a road would involve a danger of injury to any person.]

(2) The Secretary of State may by regulations make provision—

(a) for the examination of vehicles submitted for examination under this section, and

(b) for the issue, where it is found on such an examination that the requirements mentioned in subsection (1) above are complied with, of a certificate (in this Act referred to as a “test certificate”) that at the date of the examination the requirements were complied with in relation to the vehicle.

(3) Examinations for the purposes of this section shall be carried out by—

(a) persons, not being officers of the Secretary of State, authorised for those purposes by the Secretary of State (in this section and section 46 of this Act referred to as “authorised examiners”),

[(za) individuals who are nominated by, and act under the supervision of, authorised examiners and are approved by the Secretary of State (in this section and section 46 of this Act referred to as “nominated testers”),]

[(aa) any authorised inspector,[any authorised inspector or approved assistant,]]

[(b) examiners appointed under section 66A of this Act], or

[(c) inspectors who are—

(i) appointed by any council designated by the Secretary of State for the purposes of this section and section 46 of this Act, being the council of a county, district or London borough or the Common Council of the City of London or a council constituted under section 2 of the Local Government etc (Scotland) Act 1994, and

(ii) approved by the Secretary of State].


(4) Where a test certificate is refused, [the person carrying out the examination] must issue a notification of the refusal stating the grounds of the refusal, and a person aggrieved by the refusal or the grounds of the refusal may appeal to the Secretary of State.

(5) On any such appeal the Secretary of State must cause a further examination to be made [by an officer of the Secretary of State appointed by him for the purpose] and either issue a test certificate or issue a notification of the refusal stating the grounds of the refusal.

(6) For the purposes of their functions under this section the Secretary of State or a council designated for the purposes of this section may provide and maintain—

(a) stations where examinations under this section may be carried out, and

(b) apparatus for carrying out such examinations.

[(6A) The Secretary of State may provide, or make arrangements for the provision of, courses of instruction in connection with the carrying out of examinations under this section; and may charge prescribed fees in respect of attendance on such courses.

(6B) The Secretary of State shall maintain, or cause to be maintained, records containing such particulars as he thinks fit of—

(a) vehicles submitted for examination under this section, and

(b) the carrying out of and the results of the examinations.]

(7) The Secretary of State may make regulations under this section for the purpose of giving effect to this section and for prescribing anything authorised by this section and section 46 of this Act to be prescribed.

8. In its application to vehicles in which recording equipment is required by Article 3 of the Community Recording Equipment Regulation to be installed and used, this section shall have effect as if any reference to prescribed statutory requirements relating to the construction and condition of motor vehicles or their accessories or equipment included a reference to the prescribed requirements of so much of that Regulation as relates to the installation of recording equipment and the seals to be fixed to such equipment.
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Regards

JD


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