Taxi Driver Online :: View topic - Unlicensed 'Chauffeur' Operators in Renfrewshire

But why do you have to licenced to do this?

steptoe wrote:

But why do you have to licenced to do this?

Because you are taking folks from A to B for payment.

The contract issue is pretty straight forward to the half a dozen people in the country who actually know that part of the law.

In short they can't run those things on the contract exemption.

Apart from weddings and funerals. Which from my view are one of the same.

So if I wanted to run a fleet of wedding cars I could employ any driver whereas anything else is PH?

Apart from weddings and funerals. ...

steptoe wrote:

So if I wanted to run a fleet of wedding cars I could employ any driver whereas anything else is PH?

Providing the job is for a wedding you can employ Atilla the Hun if you so wish. :shock:

But why do you have to licenced to do this?

Surely all of this work is contract hire and therefore private hire requirements do not come into it.

As I have said to him, you don't need PH drivers you need normal drivers who have passed a CRB check but he didn't seem interested, now the place is going down the pan cos the only PH drivers he can get is the dreggs of society (not good for business) whilst the clever ones are earning good money elswhere...

Nothing in sections 10 to 21 (with the exception of subsection (7) of section 21
of this Act shall--

(b) apply to a vehicle while it is being used in connection with a funeral
or wedding;

(c) apply to any vehicle while it is being used for carrying passengers
under a contract for its exclusive hire for a period of not less than 24
hours. [/i]

Maybe I should have a wedding car hire business, £150 + for a couple of hours work on a Saturday for 1 car can't be bad.

Author:	Renfrewshire Driver [ Sat Nov 26, 2005 11:00 pm ]
Post subject:	Unlicensed 'Chauffeur' Operators in Renfrewshire
Found these through the online Yellow Pages Why can't the Council's Licensing Dept. ? http://www.blueskymarketing.co.uk/glasg ... ntact.html http://www.wedriveyou.co.uk/contact-details.cfm?ID=11 http://www.first-travel-global.co.uk/id1.html Just a thought is this company offering the oldest car in the U.K. for private hire ? http://www.lacars.co.uk/

Author:	steptoe [ Tue Nov 29, 2005 5:32 pm ]
Post subject:
But why do you ahve to licenced to do this? Surely all of this work is contract hire and therefore private hire requirements do not come into it. I've just had this argument with a company I have just left, 90+% of their work is contract hire and yet he is struggling to find good PH drivers to work for a mere £5 per hour and not pirate. As I have said to him, you don't need PH drivers you need normal drivers who have passed a CRB check but he didn't seem interested, now the place is going down the pan cos the only PH drivers he can get is the dreggs of society (not good for business) whilst the clever ones are earning good money elswhere...

Author:	Tom Thumb [ Tue Nov 29, 2005 6:37 pm ]
Post subject:
Wrong Steptoe. So so wrong.

Author:	Sussex [ Tue Nov 29, 2005 7:37 pm ]
Post subject:
steptoe wrote: But why do you have to licenced to do this? Because you are taking folks from A to B for payment. The contract issue is pretty straight forward to the half a dozen people in the country who actually know that part of the law. In short they can't run those things on the contract exemption. Apart from weddings and funerals. Which from my view are one of the same.

Author:	steptoe [ Tue Nov 29, 2005 7:42 pm ]
Post subject:
Sussex wrote: steptoe wrote: But why do you have to licenced to do this? Because you are taking folks from A to B for payment. The contract issue is pretty straight forward to the half a dozen people in the country who actually know that part of the law. In short they can't run those things on the contract exemption. Apart from weddings and funerals. Which from my view are one of the same. So if I wanted to run a fleet of wedding cars I could employ any driver whereas anything else is PH?

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Author:	Sussex [ Tue Nov 29, 2005 7:46 pm ]
Post subject:
steptoe wrote: So if I wanted to run a fleet of wedding cars I could employ any driver whereas anything else is PH? Providing the job is for a wedding you can employ Atilla the Hun if you so wish.

Author:	NF [ Tue Nov 29, 2005 8:02 pm ]
Post subject:
Quote: Apart from weddings and funerals. ... And hires which exceed 24 hours.

Author:	steptoe [ Tue Nov 29, 2005 9:38 pm ]
Post subject:
Sussex wrote: steptoe wrote: So if I wanted to run a fleet of wedding cars I could employ any driver whereas anything else is PH? Providing the job is for a wedding you can employ Atilla the Hun if you so wish. Better get in there quick then, as I was applying for my badge there was talk that the local council were planning (maybe just talk) on putting the likes of wedding car companies on the same level as PH, IE: they would need to be plated as licenced as a PH car.

Author:	TDO [ Tue Nov 29, 2005 9:48 pm ]
Post subject:
I think it would be better if the council read the relevant legislation - I don't think they can

Author:	Renfrewshire Driver [ Wed Nov 30, 2005 6:13 pm ]
Post subject:	Unlicensed 'Chauffeurs'
steptoe wrote: But why do you have to licenced to do this? Surely all of this work is contract hire and therefore private hire requirements do not come into it. As I have said to him, you don't need PH drivers you need normal drivers who have passed a CRB check but he didn't seem interested, now the place is going down the pan cos the only PH drivers he can get is the dreggs of society (not good for business) whilst the clever ones are earning good money elswhere... In am not sure of the exact taxi legislation in England & Wales but here in Scotland it is the Civic Government Act 1982 Hope this clears up the law regards what Private Hire is here in Scotland, especially s23 (2) CIVIC GOVERNMENT (SCOTLAND) ACT 1982 CHAPTER 45 The Driver is breaking the law.. s 21 Offences. (1) If any person-- (b) picks up passengers in, or permits passengers to be picked up by, a private hire car within an area in respect of which its operation requires to be but is not licensed or the driver requires to be but is not licensed, that person shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding [level 4 on the standard scale] [FN1]. Exemptions to the Act s 22 Saving for certain vehicles etc. Nothing in sections 10 to 21 (with the exception of subsection (7) of section 21 of this Act shall-- (a) apply to a vehicle used for bringing passengers or goods within and taking them out of an area in respect of which the vehicle is not licensed as a taxi or a private hire car in pursuance of a contract for the hire of the vehicle made outside the area if the vehicle is not made available for hire within the area; (b) apply to a vehicle while it is being used in connection with a funeral or wedding; (c) apply to any vehicle while it is being used for carrying passengers under a contract for its exclusive hire for a period of not less than 24 hours. What is Private Hire ? s 23 Interpretation of sections 10 to 22. (1) In sections 10 to 22 of this Act-- "taxi" means a hire car which is engaged, by arrangements made in a public place between the person to be conveyed in it (or a person acting on his behalf) and its driver for a journey beginning there and then; and "private hire car" means a hire car other than a taxi within the meaning of this subsection. (2) In subsection (1) above, "hire car" means a motor vehicle with a driver (other than a vehicle being a public service vehicle within the meaning of section 1(1)(a) of the Public Passenger Vehicles Act 1981) which is, with a view to profit, available for hire by the public for personal conveyance.

Author:	TDO [ Wed Nov 30, 2005 6:51 pm ]
Post subject:	Re: Unlicensed 'Chauffeurs'
Renfrewshire Driver wrote: Nothing in sections 10 to 21 (with the exception of subsection (7) of section 21 of this Act shall-- (b) apply to a vehicle while it is being used in connection with a funeral or wedding; (c) apply to any vehicle while it is being used for carrying passengers under a contract for its exclusive hire for a period of not less than 24 hours. [/i] I haven't got the actual legislation, but I think it's largely the same in England and Wales, ie wedding cars are exempt so an LA has no powers to license them.

Author:	steptoe [ Wed Nov 30, 2005 6:59 pm ]
Post subject:
Maybe I should have a wedding car hire business, £150 + for a couple of hours work on a Saturday for 1 car can't be bad.

Author:	steptoe [ Wed Nov 30, 2005 7:10 pm ]
Post subject:
So if you don't need a PH driver for weddings and funerals then how do they get around this with Chauffeur driven cars? Surely they are under contract to drive from one destination to the next but they would not be under a continous hire for more than 24 hours so as mentioned here they would need to be PH drivers. As yet I haven't found any website advertising that their Chauffeur driven cars are driven by PH drivers.

Author:	TDO [ Wed Nov 30, 2005 7:13 pm ]
Post subject:
I think it may be a case that LAs can exclude certain categories of vehicles from licensing, but on the other hand the legislation ensures that they can't included wedding and funeral cars. If they had to license funeral cars, then that would represent the dead hand of government

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Author:	Sussex [ Wed Nov 30, 2005 7:15 pm ]
Post subject:
steptoe wrote: Maybe I should have a wedding car hire business, £150 + for a couple of hours work on a Saturday for 1 car can't be bad. But would you have to buy a £20/30,000 motor? And if you kept to the normal Skoda/Mondeo, would you be able to charge £150?