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PostPosted: Mon Aug 03, 2009 9:04 pm 
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Drivers who flout taxi laws warned by Burnley council chiefs

A NEW crackdown is set to be launched on drivers who flout strict taxi licensing rules. Council chiefs in Burnley say drivers of private hire operations are breaking regulations by using the words “taxi” and “cab” in leaflets and on the side of their vehicles.

Under town hall rules, a distinction is made between private hire vehicles, which must be pre-booked, and hackney carriages, which may be flagged down in the street. Now licensing officers have stepped in and will next week ask councillors to back a proposal which would see new conditions put on licences.

If approved, it would mean using the words “taxi” or “cab” on a private hire vehicle or on leaflets could see the driver’s licence revoked. Coun Frank Ashworth, chairman of Burnley Council’s licensing comm-ittee, said: “Private hire vehicles are not allowed to ply for hire and they are not allowed to be flagged down.

“Taxis and cabs can be flagged down but if someone gets into a private hire vehicle without booking it, they are not insured if it crashes. “These proposals will have been drawn up by officers probably because bona fide taxi drivers have complained that business is being taken away from them. “The bottom line is that if private hire drivers don’t act responsibly, they are breaking the law.”

The recommendation by officers will be put before councillors at a meeting on Thursday. Earlier this year, Burnley Council hauled seven drivers before a licensing committee after they allegedly plied for trade without a hackney carriage licence. Five of the seven subsequently lost their licenses.

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PostPosted: Mon Aug 03, 2009 9:05 pm 
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Sussex wrote:
If approved, it would mean using the words “taxi” or “cab” on a private hire vehicle or on leaflets could see the driver’s licence revoked.

And there was me thinking that law had been around for a very long time. :roll: :roll:

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PostPosted: Mon Aug 03, 2009 10:59 pm 
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Sussex wrote:

“if someone gets into a private hire vehicle without booking it, they are not insured if it crashes.


Realy! :roll:

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PostPosted: Tue Aug 04, 2009 10:38 am 
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Sussex wrote:
Sussex wrote:
If approved, it would mean using the words “taxi” or “cab” on a private hire vehicle or on leaflets could see the driver’s licence revoked.

And there was me thinking that law had been around for a very long time. :roll: :roll:


there is no such law and never as been, the report was asked for by this association,in agreement with officers.

and would like to see were it will lead to a licence being revoked.

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PostPosted: Tue Aug 04, 2009 5:21 pm 
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charles007 wrote:
there is no such law and never as been,
](*,)

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PostPosted: Tue Aug 04, 2009 6:59 pm 
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charles007 wrote:
Sussex wrote:
Sussex wrote:
If approved, it would mean using the words “taxi” or “cab” on a private hire vehicle or on leaflets could see the driver’s licence revoked.

And there was me thinking that law had been around for a very long time. :roll: :roll:


there is no such law and never as been, the report was asked for by this association,in agreement with officers.

and would like to see were it will lead to a licence being revoked.




whats this say then?....

Quote:
9.5. The words ‘taxi’ ‘taxis’, ‘cab’ or any words so closely resembling those words as to likely be mistaken for them are not to be displayed on or about any Private Hire vehicle and including on any sign or notice displayed on the vehicle or on any stationary or business cards.



check sect 12 "external signage"

http://wychavon.whub.org.uk/home/wdc-li ... 200709.pdf

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PostPosted: Tue Aug 04, 2009 7:17 pm 
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wannabeeahack wrote:
whats this say then?....

Quote:
9.5. The words ‘taxi’ ‘taxis’, ‘cab’ or any words so closely resembling those words as to likely be mistaken for them are not to be displayed on or about any Private Hire vehicle and including on any sign or notice displayed on the vehicle or on any stationary or business cards.

check sect 12 "external signage"

http://wychavon.whub.org.uk/home/wdc-li ... 200709.pdf

That may be so for local conditions of licensing. But the same or similar is somewhere in national legislation & I can't find it. I thought it was in LG(MP) Act 1976, but I can't see it there.

Anyone help with the right Statute please.

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PostPosted: Tue Aug 04, 2009 7:30 pm 
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Brummie Cabbie wrote:
wannabeeahack wrote:
whats this say then?....

Quote:
9.5. The words ‘taxi’ ‘taxis’, ‘cab’ or any words so closely resembling those words as to likely be mistaken for them are not to be displayed on or about any Private Hire vehicle and including on any sign or notice displayed on the vehicle or on any stationary or business cards.

check sect 12 "external signage"

http://wychavon.whub.org.uk/home/wdc-li ... 200709.pdf

That may be so for local conditions of licensing. But the same or similar is somewhere in national legislation & I can't find it. I thought it was in LG(MP) Act 1976, but I can't see it there.

Anyone help with the right Statute please.



any good? (obviously at the back of the queue for equipment)

Image

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PostPosted: Tue Aug 04, 2009 9:33 pm 
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Brummie Cabbie wrote:
Anyone help with the right Statute please.

The Transport Act 1980 can, in my view, be read to ban anything relating to taxi or cab being placed on a PH.

http://www.opsi.gov.uk/RevisedStatutes/ ... #pt4-l1g35

The heading of the section mentions Roof Lights, but the wording says on or above a vehicle. :?

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PostPosted: Wed Aug 05, 2009 11:03 am 
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Sussex wrote:
Brummie Cabbie wrote:
Anyone help with the right Statute please.

The Transport Act 1980 can, in my view, be read to ban anything relating to taxi or cab being placed on a PH.

http://www.opsi.gov.uk/RevisedStatutes/ ... #pt4-l1g35

The heading of the section mentions Roof Lights, but the wording says on or above a vehicle. :?


but inside/visible from outside is ok then?....


how about a cherishised plate like TAX 1

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PostPosted: Wed Aug 05, 2009 1:56 pm 
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Sussex wrote:
Brummie Cabbie wrote:
Anyone help with the right Statute please.

The Transport Act 1980 can, in my view, be read to ban anything relating to taxi or cab being placed on a PH.

http://www.opsi.gov.uk/RevisedStatutes/ ... #pt4-l1g35

The heading of the section mentions Roof Lights, but the wording says on or above a vehicle. :?

That's the one!! I knew I had read it in some Act of Parliament, but when you get these 'over-sixty' moments, you can't remember where you read it.

Thanks, Mr Sussex; now filed on computer for future reference ..... if I don't get another 'over-sixty' moment & forget where I filed it on this machine.

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PostPosted: Wed Aug 05, 2009 6:47 pm 
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Brummie Cabbie wrote:
Thanks, Mr Sussex; now filed on computer for future reference ..... if I don't get another 'over-sixty' moment & forget where I filed it on this machine.

I was having a 'Toots' moment and forgot the most used bit of legislation relating to the issue at hand. :roll: :roll:

Section 48 of the 1976 Act.

Licensing of private hire vehicles
(1) Subject to the provisions of this Part of this Act, a district council may on the receipt of an application from the proprietor of any vehicle for the grant in respect of such vehicle of a licence to use the vehicle as a private hire vehicle, grant in respect thereof a vehicle licence:
Provided that a district council shall not grant such a licence unless they are satisfied—
(a) that the vehicle is—
(i) suitable in type, size and design for use as a private hire vehicle;
(ii) not of such design and appearance as to lead any person to believe that the vehicle is a hackney carriage;

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PostPosted: Wed Aug 05, 2009 8:08 pm 
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Sussex wrote:
Brummie Cabbie wrote:
Thanks, Mr Sussex; now filed on computer for future reference ..... if I don't get another 'over-sixty' moment & forget where I filed it on this machine.

I was having a 'Toots' moment and forgot the most used bit of legislation relating to the issue at hand. :roll: :roll:

Section 48 of the 1976 Act.

Licensing of private hire vehicles
(1) Subject to the provisions of this Part of this Act, a district council may on the receipt of an application from the proprietor of any vehicle for the grant in respect of such vehicle of a licence to use the vehicle as a private hire vehicle, grant in respect thereof a vehicle licence:
Provided that a district council shall not grant such a licence unless they are satisfied—
(a) that the vehicle is—
(i) suitable in type, size and design for use as a private hire vehicle;
(ii) not of such design and appearance as to lead any person to believe that the vehicle is a hackney carriage;


But in many LAs identical vehicles can be HC or PH, with a colour to suit, like here, a white mondeo is a TAXI whereas a silver mondeo is a PHV, so apart from a rooflight there is little to distinguish them, apart from a LA sticker which the rat-faced wont read anyway..

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PostPosted: Wed Aug 05, 2009 9:22 pm 
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Sussex wrote:
Brummie Cabbie wrote:
Thanks, Mr Sussex; now filed on computer for future reference ..... if I don't get another 'over-sixty' moment & forget where I filed it on this machine.

I was having a 'Toots' moment and forgot the most used bit of legislation relating to the issue at hand. :roll: :roll:

Section 48 of the 1976 Act.

Licensing of private hire vehicles
(1) Subject to the provisions of this Part of this Act, a district council may on the receipt of an application from the proprietor of any vehicle for the grant in respect of such vehicle of a licence to use the vehicle as a private hire vehicle, grant in respect thereof a vehicle licence:
Provided that a district council shall not grant such a licence unless they are satisfied—
(a) that the vehicle is—
(i) suitable in type, size and design for use as a private hire vehicle;
(ii) not of such design and appearance as to lead any person to believe that the vehicle is a hackney carriage;
you have to read this bearing in mind what taxis were in Design in your district in 1976

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PostPosted: Wed Aug 05, 2009 10:16 pm 
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wannabeeahack wrote:
But in many LAs identical vehicles can be HC or PH, with a colour to suit, like here, a white mondeo is a TAXI whereas a silver mondeo is a PHV, so apart from a rooflight there is little to distinguish them, apart from a LA sticker which the rat-faced wont read anyway..

I think this thread is over a PH or PHs which have the words taxi or cab on.

I doubt there is a court in the land who wouldn't convict a PH with the words taxi or cab on their vehicle of being in breach of sec 48.

As for the leaflet issue, IMO that's a trading standards matter.

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