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I'm confused, well not really?
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Author:  JD [ Sun Dec 30, 2007 2:57 pm ]
Post subject:  I'm confused, well not really?
I'm confused, well not really but I wonder if anyone, especially those London hackney cab drivers, can interpret the meaning of the following section taken from the 1976 act?

No person being the proprietor of any vehicle, "not being a London cab in respect of which a vehicle licence is in force", may use or permit the same to be used in a controlled district as a private hire vehicle without having for such a vehicle a current licence.

Regards

JD
Author:  JD [ Sun Dec 30, 2007 3:01 pm ]
Post subject: 
By the way, a vehicle license in relation to a London cab, is a licence under the Metropolitan Public Carriage Act 1869 s 6 (as amended).

Regards

JD
Author:  Sussex [ Sun Dec 30, 2007 6:53 pm ]
Post subject: 
The actual section says;

46 Vehicle, drivers' and operators' licences (1) Except as authorised by this Part of this Act—
(a) no person being the proprietor of any vehicle, not being a hackney carriage [or London Cab] in respect of which a vehicle licence is in force, shall use or permit the same to be used in a controlled district as a private hire vehicle without having for such a vehicle a current licence under section 48 of this Act;
(b) no person shall in a controlled district act as driver of any private hire vehicle without having a current licence under section 51 of this Act;
(c) no person being the proprietor of a private hire vehicle licensed under this Part of this Act shall employ as the driver thereof for the purpose of any hiring any person who does not have a current licence under the said section 51;
(d) no person shall in a controlled district operate any vehicle as a private hire vehicle without having a current licence under section 55 of this Act;
(e) no person licensed under the said section 55 shall in a controlled district operate any vehicle as a private hire vehicle—
(i) if for die vehicle a current licence under die said section 48 is not in force; or (ii) if the driver does not have a current licence under the said section 51.
(2) If any person knowingly contravenes the provisions of this section, he shall be guilty of an offence.
Amendment
Sub-s (I): words in square brackets inserted by the Transport Act 1985, s 139(2), Sch 7, para 17.

To me that simply reads as saying that unless you are a taxi, or even a London taxi, you must have a PH vehicle license if you want to take bookings from a PH operator. :wink:
Author:  JD [ Sun Dec 30, 2007 7:22 pm ]
Post subject: 
Sussex wrote:
The actual section says;


lol Quite correct of course.

I was saving the TPCA hackney carriage bit until someone told me that the referece to a London cab meant, any vehicle that wasn't a licensed London Cab had to have a P/H license to use or permit to use any vehicle for the purpose of private hire in a controlled district.

Considering the legislation is designed for controlled districts not including London then to me and obviously you, it is farely obvious that a licensed London hackney carriage can be used as a private hire vehicle in any licensing authority controlled district in England and Wales.

When you add the part I intentionally left out, it places a hackney carriage licensed under the Town police clauses act in the very same position as that of a London Cab.

Just thought I would try and uncomplicate matters surrounding this section but perhaps instead I clouded the issue even further?

Regards

JD
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