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Sussex
 Post subject: Re: passing work
PostPosted: Tue Apr 21, 2009 5:51 pm 
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wannabeeahack wrote:
Sussex wrote:
Smoked Glass wrote:
ALL yes HC are the operator/driver therefore may pass work to another operator either HC or PH. Oddly the driver of a HC can pass work to PH operator but not a PH driver direct. Sorry if you already know this.

The only person allowed to pass work onto a licensed PH vehicle and driver is a licensed PH operator in the same area. The law is crystal clear on that.


coach company?.....

But IMO they are customers not suppliers.

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Sussex
 Post subject: Re: passing work
PostPosted: Tue Apr 21, 2009 5:52 pm 
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Smoked Glass wrote:
Sussex wrote:
Smoked Glass wrote:
ALL yes HC are the operator/driver therefore may pass work to another operator either HC or PH. Oddly the driver of a HC can pass work to PH operator but not a PH driver direct. Sorry if you already know this.

The only person allowed to pass work onto a licensed PH vehicle and driver is a licensed PH operator in the same area. The law is crystal clear on that.
thats what i said didnt i :?: or are you agreeing with me.

If the HC owner/operator doesn't have a PH operator's license in the same area as the operator/driver he passes the work on, then no. If he does, then yes.

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wannabeeahack
 Post subject: Re: passing work
PostPosted: Tue Apr 21, 2009 7:25 pm 
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Sussex wrote:
wannabeeahack wrote:
Sussex wrote:
Smoked Glass wrote:
ALL yes HC are the operator/driver therefore may pass work to another operator either HC or PH. Oddly the driver of a HC can pass work to PH operator but not a PH driver direct. Sorry if you already know this.

The only person allowed to pass work onto a licensed PH vehicle and driver is a licensed PH operator in the same area. The law is crystal clear on that.


coach company?.....

But IMO they are customers not suppliers.


but they have a booking for their customer (say) for a week trip to brean, and want a feeder, arent they supplying?

what about the local guy whose wife runs his passengers to him at the bus station in her private unplated car, isnt he/she getting paid for that?...

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Sussex
 Post subject: Re: passing work
PostPosted: Tue Apr 21, 2009 8:03 pm 
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wannabeeahack wrote:
but they have a booking for their customer (say) for a week trip to brean, and want a feeder, arent they supplying?

The definition of 'operate' is in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle.

The definition of 'private hire vehicle' is a motor vehicle constructed or adapted to seat [fewer than nine passengers], other than a hackney carriage or public service vehicle [or a London cab] [or tramcar], which is provided for hire with the services of a driver for the purpose of carrying passengers.

So in one respect I put the PSV folks in the same league as the hackney boys, i.e. they can advertise for the wares, but can't advertise as being a PH. But in another respect I say a PSV can pass work on in the same way a hotel owners does.

No wonder some solicitors have had their houses built on the money they make out of the 1976 act. :roll: :roll:

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Smoked Glass
 Post subject: Re: passing work
PostPosted: Wed Apr 22, 2009 11:48 am 
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Sussex wrote:
wannabeeahack wrote:
but they have a booking for their customer (say) for a week trip to brean, and want a feeder, arent they supplying?

The definition of 'operate' is in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle.

The definition of 'private hire vehicle' is a motor vehicle constructed or adapted to seat [fewer than nine passengers], other than a hackney carriage or public service vehicle [or a London cab] [or tramcar], which is provided for hire with the services of a driver for the purpose of carrying passengers.

So in one respect I put the PSV folks in the same league as the hackney boys, i.e. they can advertise for the wares, but can't advertise as being a PH. But in another respect I say a PSV can pass work on in the same way a hotel owners does.

No wonder some solicitors have had their houses built on the money they make out of the 1976 act. :roll: :roll:
Yes I agree, but I would go further and say a PH operator can also do he same, but not the PH driver. The driver just has to accept the job via his operator. I think a lot of PH drivers are happy to accept private work direct for themselves. Totaly illegal off course! They are ignorant of the law[including the genral public] or they choose to ignore it. We come back to the topic of 'why did the government split up this trade in the first place'. All drivers SHOULD be HC only, then it would take away the naughty boy syndrome & the ignorance of the lawbreakers. Problem solved.
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wannabeeahack
 Post subject: Re: passing work
PostPosted: Wed Apr 22, 2009 12:16 pm 
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Smoked Glass wrote:
Sussex wrote:
wannabeeahack wrote:
but they have a booking for their customer (say) for a week trip to brean, and want a feeder, arent they supplying?

The definition of 'operate' is in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle.

The definition of 'private hire vehicle' is a motor vehicle constructed or adapted to seat [fewer than nine passengers], other than a hackney carriage or public service vehicle [or a London cab] [or tramcar], which is provided for hire with the services of a driver for the purpose of carrying passengers.

So in one respect I put the PSV folks in the same league as the hackney boys, i.e. they can advertise for the wares, but can't advertise as being a PH. But in another respect I say a PSV can pass work on in the same way a hotel owners does.

No wonder some solicitors have had their houses built on the money they make out of the 1976 act. :roll: :roll:
Yes I agree, but I would go further and say a PH operator can also do he same, but not the PH driver. The driver just has to accept the job via his operator. I think a lot of PH drivers are happy to accept private work direct for themselves. Totaly illegal off course! They are ignorant of the law[including the genral public] or they choose to ignore it. We come back to the topic of 'why did the government split up this trade in the first place'. All drivers SHOULD be HC only, then it would take away the naughty boy syndrome & the ignorance of the lawbreakers. Problem solved.


im a PH driver, ive a HC/PH badge and a PH ops licence, ive almost got all bases covered, i just need a skoda octavia HC.....

do HC ops need a ops licence?.....oh goody, another fee to pay!

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grandad
 Post subject: Re: passing work
PostPosted: Wed Apr 22, 2009 12:28 pm 
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wannabeeahack wrote:

do HC ops need a ops licence?.....oh goody, another fee to pay!


no

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Sussex
 Post subject: Re: passing work
PostPosted: Wed Apr 22, 2009 5:12 pm 
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wannabeeahack wrote:
do HC ops need a ops licence?.....oh goody, another fee to pay!

Only if they pass on work to a PH driver that doesn't have an ops license. :wink:

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meltingsmoke
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PostPosted: Wed Apr 22, 2009 6:23 pm 
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Sussex wrote:
grandad wrote:
I see, the hackney in question does in fact have a private hire operators license.
The situation is this. The hackney with the operators license gets asked to do work for a private hire operator from another area. Sometimes the work is for an executive type car that the hackney with the operators license does not have so they want to pass it to a private hire operator that does have an executive car.

It's a bit of a mess, but I'm more of the opinion it's illegal now. I think it's all down to the original punters expectations.

They have rang a licensed PH op in area A, if parliament had meant to allow that work to be passed onto PHs licensed in area B, then they wouldn't have made a sound and dance about cross-border hiring.

But they did, and despite umpteen high court cases and 33 years since the act, they haven't changed it.



This is why it's so confusing , you can pass it onto a hackney in area B , (an''t that cross hirng) who can only charge whats on the meter or less. so the customer phone up the same licence ph op in area A later on in the day and get a licence ph for area A , and charges whats on the meter, but the tariff is higher, don't you think the customer would complain about the fare ...
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Sussex
 Post subject:
PostPosted: Wed Apr 22, 2009 6:27 pm 
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meltingsmoke wrote:
don't you think the customer would complain about the fare ...

Yes, but then they have an option of using a different more local supplier.

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Smoked Glass
 Post subject: Re: passing work
PostPosted: Wed Apr 22, 2009 7:41 pm 
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wannabeeahack wrote:
Smoked Glass wrote:
Sussex wrote:
wannabeeahack wrote:
but they have a booking for their customer (say) for a week trip to brean, and want a feeder, arent they supplying?

The definition of 'operate' is in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle.

The definition of 'private hire vehicle' is a motor vehicle constructed or adapted to seat [fewer than nine passengers], other than a hackney carriage or public service vehicle [or a London cab] [or tramcar], which is provided for hire with the services of a driver for the purpose of carrying passengers.

So in one respect I put the PSV folks in the same league as the hackney boys, i.e. they can advertise for the wares, but can't advertise as being a PH. But in another respect I say a PSV can pass work on in the same way a hotel owners does.

No wonder some solicitors have had their houses built on the money they make out of the 1976 act. :roll: :roll:
Yes I agree, but I would go further and say a PH operator can also do he same, but not the PH driver. The driver just has to accept the job via his operator. I think a lot of PH drivers are happy to accept private work direct for themselves. Totaly illegal off course! They are ignorant of the law[including the genral public] or they choose to ignore it. We come back to the topic of 'why did the government split up this trade in the first place'. All drivers SHOULD be HC only, then it would take away the naughty boy syndrome & the ignorance of the lawbreakers. Problem solved.


im a PH driver, ive a HC/PH badge and a PH ops licence, ive almost got all bases covered, i just need a skoda octavia HC.....

do HC ops need a ops licence?.....oh goody, another fee to pay!
Me 2 get your skoda and get it HCed then your well sorted. Thats what I have been trying to do for a number of months.
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