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PostPosted: Mon Sep 03, 2007 3:19 am 
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Exactly............so in essence the law breaks the spirit of the law .


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PostPosted: Mon Sep 03, 2007 3:21 am 
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S6 Conversion specialist. wrote:
Exactly............so in essence the law breaks the spirit of the law .


which is wrong

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PostPosted: Mon Sep 03, 2007 3:22 am 
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S6 Conversion specialist. wrote:
You said they could drive limos , i merely pointed out that they could also drive taxis etc, if they committed the offence after being badged or not they would get caught , i badge does,nt stop that.


Well I made the point above that badging is better than not bothering at all.

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Why are we arguing hypothetical scenarios?


Because the hypothes can become reality, but clearly you don't want to hear about the hypothetical rapist who can drive a limo because of the self-drive contrivance, and would prefer that discussion is delayed until the worst happens?

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CRB makes the best out of a bad system but its not perfect by a long way and never will be because the data protection act stands in its way.


Again I asked the question, are you really saying that a convicted rapist etc will continue driving until the next CRB check because of the DPA? :shock:

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PostPosted: Mon Sep 03, 2007 3:24 am 
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S6 Conversion specialist. wrote:
Exactly............so in essence the law breaks the spirit of the law .


Breaches, not breaks :wink:

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PostPosted: Mon Sep 03, 2007 3:28 am 
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TDO wrote:
S6 Conversion specialist. wrote:
You said they could drive limos , i merely pointed out that they could also drive taxis etc, if they committed the offence after being badged or not they would get caught , i badge does,nt stop that.


TDO wrote:
Well I made the point above that badging is better than not bothering at all.


I dont disagree with this.



Quote:
Why are we arguing hypothetical scenarios?


TDO wrote:
Because the hypothes can become reality, but clearly you don't want to hear about the hypothetical rapist who can drive a limo because of the self-drive contrivance, and would prefer that discussion is delayed until the worst happens?


I dont mind discussing anything as long as its a hypothetical discussion and not a direct accusation that it happens.

Quote:
CRB makes the best out of a bad system but its not perfect by a long way and never will be because the data protection act stands in its way.


TDO wrote:
Again I asked the question, are you really saying that a convicted rapist etc will continue driving until the next CRB check because of the DPA? :shock:


Well plenty have carried on after being convicted of violence etc and not packed up until their licenses have been revoked!


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PostPosted: Mon Sep 03, 2007 3:29 am 
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TDO wrote:
S6 Conversion specialist. wrote:
Exactly............so in essence the law breaks the spirit of the law .


Breaches, not breaks :wink:


Sorry.........yes breaches :oops:


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PostPosted: Mon Sep 03, 2007 3:30 am 
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S6 Conversion specialist. wrote:
Because the independent element associated with self drive hire is absent.

Humour me John and clarify this sentance for me please.


In order for the hiring of a limousine to be legal under the provison of self drive hire the person hiring the vehicle would have to indepdently arrive with his own driver. If the operator of the vehicle solicits custom under the pretext that he or she can supply a driver either directly or indirectly then that would constitute provision of both vehicle and driver, regardless of the active participation of an agency.

In other words active participation in securing a driver by the vehicle operator in my opinion would be supply. Irrespective of the involvement of any third party agency.

Regards

JD

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PostPosted: Mon Sep 03, 2007 3:33 am 
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JD wrote:
S6 Conversion specialist. wrote:
Because the independent element associated with self drive hire is absent.

Humour me John and clarify this sentance for me please.


In order for the hiring of a limousine to be legal under the provison of self drive hire the person hiring the vehicle would have to indepdently arrive with his own driver. If the operator of the vehicle solicits custom under the pretext that he or she can supply a driver either directly or indirectly then that would constitute provision of both vehicle and driver, regardless of the active participation of an agency.

In other words active participation in securing a driver by the vehicle operator in my opinion would be supply. Irrespective of the involvement of any third party agency.

Regards

JD


what if the hirer was given the option of more than one agency

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PostPosted: Mon Sep 03, 2007 3:34 am 
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They dont have to turn up with their own driver , they can hire 1 from and INDEPENDANT agency not connected to the limo hire company.

As i said John if they are operating correctly then they cannot supply a driver , if they do then they are operating hire and reward and you would be correct.

The operator CAN recommend an agency but cannot stipulate it.


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PostPosted: Mon Sep 03, 2007 3:46 am 
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MR T wrote:
JD wrote:
S6 Conversion specialist. wrote:
Because the independent element associated with self drive hire is absent.

Humour me John and clarify this sentance for me please.


In order for the hiring of a limousine to be legal under the provison of self drive hire the person hiring the vehicle would have to indepdently arrive with his own driver. If the operator of the vehicle solicits custom under the pretext that he or she can supply a driver either directly or indirectly then that would constitute provision of both vehicle and driver, regardless of the active participation of an agency.

In other words active participation in securing a driver by the vehicle operator in my opinion would be supply. Irrespective of the involvement of any third party agency.

Regards

JD


what if the hirer was given the option of more than one agency


It wouldn't make any difference how many agencies were involved the "active" participation of the operator in supplying the driver through an agency in my opinion amounts to direct or indirect supply.

The provison of a driver could not be executed without the active participation of the vehicle operator. Therefore someone hiring a limousine or vehcile who isn't eligible to drive required the services of the operator in supplying a driver either directly or indirectly.

There is also the element of master and servant to consider and whether a contract amounts to a contract of services, or a contract of service?

Regards

JD

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PostPosted: Mon Sep 03, 2007 3:51 am 
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No No No, the operator is allowed to recommend agencies but not DRIVERS nor can he stipulate any particular agency.

The law states the operator can ASSIST but NOT supply.

Therefore to recommend an agency is not an offence whereas to recommend a driver is!


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PostPosted: Mon Sep 03, 2007 7:46 am 
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JD are you sugesting that when a customer hires one of these 16 seat limousines and he asks "where can I get a chauffer" the person hireing the vehicle would have to say to them "I can't tell you that, you will have to sort that out for your self." or could he say "here is a list of agencies that provide chauffeurs, you could try any of them."
What probably couldn't be said is "here is a list of agencies but I recomend that you use XXX."
But I don't fully know the system.

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PostPosted: Mon Sep 03, 2007 9:11 am 
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S6 Conversion specialist. wrote:
No No No, the operator is allowed to recommend agencies but not DRIVERS nor can he stipulate any particular agency.


I think the best people to advise us of the procedure for hiring a vehicle are those engaged in the business of letting the vehicle? So far I have encountered only one self drive operation that allows a person of my choice to drive. Nine out of ten said they supply the driver.

The degree of independence is not only calculated by the actions of the person operating the vehicle but also the control they have over the person driving the vehicle and whether or not the nature of the hire is for hire or reward? No matter which way you look at it the ingredients of the operation are designed to carry on a business of hire or reward no matter what relationship the hirers have with paying the hired agency driver.

Quote:
The law states the operator can ASSIST but NOT supply.


You will find that case law goes way beyond the narrow interpretation you give to supply and besides I haven't seen the definition or context to which you refer perhaps you can tell me to which statute you refer?

Regards

JD

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PostPosted: Mon Sep 03, 2007 12:21 pm 
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grandad wrote:
JD are you sugesting that when a customer hires one of these 16 seat limousines and he asks "where can I get a chauffer" the person hireing the vehicle would have to say to them "I can't tell you that, you will have to sort that out for your self." or could he say "here is a list of agencies that provide chauffeurs, you could try any of them."
What probably couldn't be said is "here is a list of agencies but I recomend that you use XXX."
But I don't fully know the system.


So you're saying that generally speaking under the self-drive scheme the driver of the limo is unknown to the owner of the limo?

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PostPosted: Mon Sep 03, 2007 12:23 pm 
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TDO wrote:
grandad wrote:
JD are you sugesting that when a customer hires one of these 16 seat limousines and he asks "where can I get a chauffer" the person hireing the vehicle would have to say to them "I can't tell you that, you will have to sort that out for your self." or could he say "here is a list of agencies that provide chauffeurs, you could try any of them."
What probably couldn't be said is "here is a list of agencies but I recomend that you use XXX."
But I don't fully know the system.


So you're saying that generally speaking under the self-drive scheme the driver of the limo is unknown to the owner of the limo?


TDO please note that GRANDAD admits that he doesn't fully know the system, much like myself, but then we are clearly 8 and under so why would we!!

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