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PostPosted: Sun Jul 13, 2008 7:46 pm 
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wannabeeahack wrote:
has he STILL broken the touting rule?

It all depends on what drew the punter to the car, in relation to the touting issue.

But IMO, and it's not a universal view shared on here, a booking is a booking, and as long as goes to the operator before the punter gets in the motor, it's 100% legal.

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PostPosted: Sun Jul 13, 2008 7:57 pm 
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Sussex wrote:
Brummie Cabbie wrote:
In Brum, we have one of our number sitting on the Magistrates Bench.

Shouldn't be allowed. [-(


Why on earth not?

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PostPosted: Sun Jul 13, 2008 7:59 pm 
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Sussex wrote:
Brummie Cabbie wrote:
And as he has an 'interest' in these types of prosecutions, he cannot preside over them.

Why? :?

Would an accountant JP have to stand down on a fraud charge?

Would a shop-keeper JP have to stand down on a shop lifting charge?

Would a council employee JP have to stand down on a poll tax charge?

Would a burger eating JP have to stand down on a cafe hygiene charge?

IMO the only reason a JP should stand down is if they know any defendant, any witness or any member of each side's legal team.


Let's put it this way.

Would it be fair if Santa Claus were to preside over a case involving one of his millions of elves?

I think not!!

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PostPosted: Sun Jul 13, 2008 8:08 pm 
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Brummie Cabbie wrote:
Would it be fair if Santa Claus were to preside over a case involving one of his millions of elves?

If Santa can't leave his prejudices at the door, then he shouldn't be going through it. :wink:

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PostPosted: Sun Jul 13, 2008 9:23 pm 
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In a lot of instances the Ph driver is the owner/operator or maybe part of a parnership. but if its booked before the pickup time..whether by 6 months or Six minutes its still Prebooked. Technology has come along way since the only Available phone to book a Ph with was in the Operators home, I could have several Phones, some Land line others Mobile. all perfectly legal to conduct Business with and all can reach me almost anywhere by way of a Call divert. its No different to Bigger PH companies using Radios to coordinate runs.. or even some of the Big Companies that use Both Hackney and Private hire vehicles within their fleet..

I personally never Have and Never will tout for Trade like a TAXi.. but im Quite Happy to take a booking over the phone where ever I might be. I can Travel anywhere in this country I like and take a booking through my PH Business phone, however the booking would originate from within my own area...after all a man coming home from Taiwan and needing picked up at an Airport 100 Miles outside my zone is still a legitimate customer...if he know me and likes the way i drive or operate he has the the right to book me, he also has the freedom to book who ever he wishes to take him where ever he wants to go...its a free market. however i still stay with PH rules and Never ever Hack....if I wanted to Hack itd cost me no more for the Licence in this area anyway...but I like the Flexibilty.


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PostPosted: Sun Jul 13, 2008 9:38 pm 
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Boggins wrote:
In a lot of instances the Ph driver is the owner/operator or maybe part of a parnership. but if its booked before the pickup time..whether by 6 months or Six minutes its still Prebooked. Technology has come along way since the only Available phone to book a Ph with was in the Operators home, I could have several Phones, some Land line others Mobile. all perfectly legal to conduct Business with and all can reach me almost anywhere by way of a Call divert. its No different to Bigger PH companies using Radios to coordinate runs.. or even some of the Big Companies that use Both Hackney and Private hire vehicles within their fleet..

I personally never Have and Never will tout for Trade like a TAXi.. but im Quite Happy to take a booking over the phone where ever I might be. I can Travel anywhere in this country I like and take a booking through my PH Business phone, however the booking would originate from within my own area...after all a man coming home from Taiwan and needing picked up at an Airport 100 Miles outside my zone is still a legitimate customer...if he know me and likes the way i drive or operate he has the the right to book me, he also has the freedom to book who ever he wishes to take him where ever he wants to go...its a free market. however i still stay with PH rules and Never ever Hack....if I wanted to Hack itd cost me no more for the Licence in this area anyway...but I like the Flexibilty.


Your LA must have some bizarre Conditions of Licence attached to PH Operator's Licences in your area.

Agree with you about pre-booking though, 6 years, 6 seconds as long as it happens.

And as for the speed of technological advancement; OFT956 also recognised this & said that it may be that in the near future GPRS mobile phones may be instantly directed to the nearest PHV or HC with a GPS dispatch sytem, implying that there may not be a need for an operator in a booking office.

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PostPosted: Sun Jul 13, 2008 10:53 pm 
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Brummie Cabbie wrote:
MR T wrote:
I think some people are missing the point... in the Test purchasers... the people who are asking you.... if you are for hire ... are not licensing officers.... they will almost certainly be employed by the council in a different department but have no specific knowledge relating to hackney of private hire rules.... they become just a witness....

I think the same applies, whoever is trying to get the PH driver to accept an illegal hiring.

If the licensing officer, or whoever, ask just once & NO MORE it is not entrapment.


I don't actually think you're right.... in the cases I have read regarding entrapment... the emphasis has been on the amount of knowledge that the person encouraging an illegal act has..... his knowledge places him in a position of advantage... unlike the person who is being asked to break the law. .... that is why most Test purchases( as an operation) are being run by trading standards..... who use Office staff from different departments within the council....
In the past councils have lost thousands of cases regarding illegal plying for-hire.... somebody turns up in court with his sister, who he was taking home that Night.

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PostPosted: Sun Jul 13, 2008 11:14 pm 
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Your LA must have some bizarre Conditions of Licence attached to PH Operator's Licences in your area.

Agree with you about pre-booking though, 6 years, 6 seconds as long as it happens.

And as for the speed of technological advancement; OFT956 also recognised this & said that it may be that in the near future GPRS mobile phones may be instantly directed to the nearest PHV or HC with a GPS dispatch sytem, implying that there may not be a need for an operator in a booking office.[/quote]


Im a wee bit confused!!...if I run my Own Business and im Connected to the outside World by call divert to my mobile, i am the Operator of the business...and for the lean pickings of a rural PH it would not pay to have someone sitting in a room at home manning the phone (call it an Office if you like)...im in the same boat as a few others and if we didnt operate this way there would be no PH out here in the Sticks..and certainly no need for Hackneyed Vehicles as theres no ranks...the rural nature of our clients mean that they book in avance knowing its the only way to gaurantee transport home.

Im not sure what is Bizarre about the LA....or what you Percieve to be Something Bizarre..please Elaborate more Brummie Cabbie..im now curious.


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PostPosted: Mon Jul 14, 2008 12:04 am 
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Boggins wrote:
Im a wee bit confused!!...if I run my Own Business and im Connected to the outside World by call divert to my mobile, i am the Operator of the business...and for the lean pickings of a rural PH it would not pay to have someone sitting in a room at home manning the phone (call it an Office if you like)...im in the same boat as a few others and if we didnt operate this way there would be no PH out here in the Sticks..and certainly no need for Hackneyed Vehicles as theres no ranks...the rural nature of our clients mean that they book in advance knowing its the only way to gaurantee transport home.

Im not sure what is Bizarre about the LA....or what you Percieve to be Something Bizarre..please Elaborate more Brummie Cabbie..im now curious.


After my last post, I was beginning to think 'rural community situation', but my post related to what I know & that is the big city.

Never come across the PH driver being the operator/one-man-band serving a whole (presumably widespread) rural community before.

I related your idea of taking a telephone booking from a customer for a PH service in your PH car via your mobile phone as being bizarre as I know it in Brum.

Because PH Driver's Licence fee approx £100, PH Operator's Licence fee approx £1,000 in Brum. So that did not make sense either.

I would be interested to know if your LA allow you to use your PH Operator's Licence (not your PH Driver's Licence, which we all know is free roaming) in this way, or whether you have to stipulate the address of operation on your PH Operator's Licence & operate from that address, i.e. strictly take booking at that address only.

If they do, then I think this could open up a very big can of worms.

I don't know what the LG (MP) Act 1976 saya about this, if anything. & I won't be looking it up at this time of night, but I will tomorrow.

Sorry if I misunderstood your own personal working situation in my previous posts, but you have now got me intrigued on more than one level.

We would just not come across this type of situation in a city, but I can now understand where you are coming from.

But legally........?

I don't know.

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 Post subject:
PostPosted: Mon Jul 14, 2008 12:04 am 
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sorry double post :oops:

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PostPosted: Mon Jul 14, 2008 12:05 am 
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Boggins wrote:
Quote:
Your LA must have some bizarre Conditions of Licence attached to PH Operator's Licences in your area.

Agree with you about pre-booking though, 6 years, 6 seconds as long as it happens.

And as for the speed of technological advancement; OFT956 also recognised this & said that it may be that in the near future GPRS mobile phones may be instantly directed to the nearest PHV or HC with a GPS dispatch sytem, implying that there may not be a need for an operator in a booking office.



Im a wee bit confused!!...if I run my Own Business and im Connected to the outside World by call divert to my mobile, i am the Operator of the business...and for the lean pickings of a rural PH it would not pay to have someone sitting in a room at home manning the phone (call it an Office if you like)...im in the same boat as a few others and if we didnt operate this way there would be no PH out here in the Sticks..and certainly no need for Hackneyed Vehicles as theres no ranks...the rural nature of our clients mean that they book in avance knowing its the only way to gaurantee transport home.

Im not sure what is Bizarre about the LA....or what you Percieve to be Something Bizarre..please Elaborate more Brummie Cabbie..im now curious.


If you told them you were in Scotland and did not require an operator's licence there would be a lot less confusion. :shock:

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PostPosted: Mon Jul 14, 2008 12:13 am 
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gusmac wrote:
If you told them you were in Scotland and did not require an operator's licence there would be a lot less confusion.


Mr Boggins, my mate!

If you are in Scotland, as Mr Gusmac has just posted, then this has been one big wind up on your part.

I presume totally different legislation to LG (MP) Act 1976.

But I would still like to know how it works though.

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PostPosted: Mon Jul 14, 2008 12:51 am 
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Different councils, charge different licensing fees, in Sefton a private hire operators Licence Fee is probably less than £200 :-o

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PostPosted: Mon Jul 14, 2008 1:12 am 
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no wind up Intended...i just wondered why it didnt all make sense...Another Instance of Jockanese disimilarity...but now im wiser ty Gusmac and Brummie Cabbie.


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PostPosted: Mon Jul 14, 2008 1:47 am 
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Brummie Cabbie wrote:
I presume totally different legislation to LG (MP) Act 1976.


Yes, we have the CGSA(1982)
http://taxi-driver.co.uk/files/1982act.pdf

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