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Cross border.....stupid me forgot the important bit
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Author:  wannabeeahack [ Mon Apr 24, 2023 6:35 pm ]
Post subject:  Cross border.....stupid me forgot the important bit

Am i right in thinking a PH operator based/licensed in 1 area may operate a base in another LA if they hold a PH ops licence in that area too?

(Milton Keynes vs Skyline springs to mind)

is the ops licence enough or do they have to actually have any cars/drivers licensed in the 2nd area?



Must the operator retain a base/location in the original LA?

Author:  Sussex [ Mon Apr 24, 2023 7:35 pm ]
Post subject:  Re: Cross border.....

wannabeeahack wrote:
Am i right in thinking a PH operator based/licensed in 1 area may operate a base in another LA if they hold a PH ops licence in that area too?

(Milton Keynes vs Skyline springs to mind)

Yes, although if I was the judge in the case you mentioned it would have been no. :D

Basically it's a mess and a mess that no one really wants to sort.

Maybe a future Labour (remember them) government might have a look.

Author:  Sussex [ Mon Apr 24, 2023 7:38 pm ]
Post subject:  Re: Cross border.....

Quote:
is the ops licence enough or do they have to actually have any cars/drivers licensed in the 2nd area?

It is not a prerequisite to have any vehicles/drivers to gain a PH operator's license.

Author:  wannabeeahack [ Mon Apr 24, 2023 7:40 pm ]
Post subject:  Re: Cross border.....

Sussex wrote:
wannabeeahack wrote:
Am i right in thinking a PH operator based/licensed in 1 area may operate a base in another LA if they hold a PH ops licence in that area too?

(Milton Keynes vs Skyline springs to mind)

Yes, although if I was the judge in the case you mentioned it would have been no. :D

Basically it's a mess and a mess that no one really wants to sort.

Maybe a future Labour (remember them) government might have a look.


in this case the new "base" is more a car storage area and office with desk but wont take bookings....

Author:  wannabeeahack [ Tue Apr 25, 2023 4:39 pm ]
Post subject:  Re: Cross border.....stupid me forgot the important bit

oooops


Must the operator retain a base/location in the original LA?

Author:  Sussex [ Tue Apr 25, 2023 7:50 pm ]
Post subject:  Re: Cross border.....stupid me forgot the important bit

wannabeeahack wrote:
oooops


Must the operator retain a base/location in the original LA?

Yes, but that can merely be a phone which diverts to another area.

As I said a mess that needs sorting.

Author:  mancityfan [ Wed Apr 26, 2023 8:05 am ]
Post subject:  Re: Cross border.....stupid me forgot the important bit

There’s lots of case law that states where the phone is answered is where the operator license needs to be.there is a council that has prosecuted, but I have never read or seen the case, maybe Sussex will have it?
The owner of a Crawley taxi company has been fined for using drivers and vehicles not licensed in the town

The owner of a Crawley taxi company has been fined by a judge for using drivers and cars not licensed to operate in the town.

Mawaz Kahn has been ordered to pay more than £3,000 for breaking Crawley Borough Council licensing laws.

Khan, a licenced operator who has traded under the name United Cars since August 2015, appeared at Worthing Magistrates Court last Friday (May 13) where he pleaded guilty to 10 offences.

Crawley Borough Council, the town's taxi licensing authority, brought the case after evidence came to light that Khan was not complying with licencing laws.

When sentencing Khan, District Judge James noted that the licencing laws were in place to ensure public safety and that there was evidence that Khan had full knowledge of the laws.

Khan was ordered to pay a fine of £150 per offence, totalling £1,500, plus a contribution of £1,500 towards the prosecution's costs and a victim surcharge of £120.

Councillor Peter Lamb, leader of Crawley Borough Council, said: "The council takes its role as a licensing authority very seriously, we have a responsibility to regulate the industry for the benefit of both users and the wider community. Where organisations break the rules we will pursue them to the maximum extent of the law."

Author:  mancityfan [ Wed Apr 26, 2023 8:24 am ]
Post subject:  Re: Cross border.....stupid me forgot the important bit

in this case the new "base" is more a car storage area and office with desk but wont take bookings...
Then he don’t need an operator license.

Author:  wannabeeahack [ Wed Apr 26, 2023 5:05 pm ]
Post subject:  Re: Cross border.....stupid me forgot the important bit

mancityfan wrote:
in this case the new "base" is more a car storage area and office with desk but wont take bookings...
Then he don’t need an operator license.


but will have 100 school contracts handled from there...

Author:  Sussex [ Wed Apr 26, 2023 8:18 pm ]
Post subject:  Re: Cross border.....stupid me forgot the important bit

Trying not to repeat myself, but the law is a mess at the moment, and no council is going to pursue any alleged breach of law in respect of operating, even if the alleged breach is blindingly obvious.

And to be truthful I really don't blame them.

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