Taxi Driver Online

Taxi drivers’ licence protest
http://www.getreading.co.uk/news/s/2058 ... ce_protest


Dozens of taxi drivers gathered in protest at the Civic Centre last night.

They were objecting to the two-tier system in which new licence-holders, gaining their plates in the last two years, operate under different rules from long-standing cabbies.

The protesters object to new rules which mean anyone gaining a taxi driver’s plate must buy a new cab at a cost of around £40,000.

They must only work one shift a day and 37 hours a week and must find another driver to work the second shift each day.

The long-term licence holders can buy cabs up to five years old and have no restrictions on their shift working.

Of the 190 hackney carriage licence holders in Reading, 62 have the new licences.

Mirza Beg, representing the new licence holders, said: “We are all doing the same job. We all should have the same conditions.

“This is getting silly. It is causing friction on the rank.”

He said in the credit crunch the longstanding drivers were able to rent out their cabs and take other higher paid jobs to make ends meet.

The new licence holders – with high repayments on their cabs – had no such option.

Mr Beg said they were also unable to sell their cabs on because their licences, unlike the old style licences, were not transferrable.

The protesters were meeting to make their point to councillors at the full Reading Borough Council meeting last night.

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

If they dont like it, take it to court.

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Illegal condition



Illegal condition.....but I wonder if its in place to stop carpetbaggers?

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Discrimantory

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Of all the things ive lost, i miss my mind the most

Ahh but these conditions were probably in place at the inception of the granting of the said licence, this is how the goal posts move once something has one foot in the door, the long standing cabby didn't want the newbie anyway, the newbie thought hey ho I'm in here, and now the newbie can't get it's own way it's crying.

So that means an LA can attach conditions that are illegal?

In respect of the transfer of a HC license.

Section 49 of the Local Government (Miscellaneous) Provisions Act 1976 requires a proprietor of a hackney carriage or private hire vehicle to notify the Council within 14 days, in writing, if he transfers his interest to another person. The notification must include the new proprietors name and address.

The matter was addressed in the court of appeal in the matter of R v Weymouth Borough Council, ex parte Teletax (Weymouth) Limited (1947). In this case his Lordship took the view that there was no power for the Council not to register the transfer.

Indeed the judge stated;

There is nothing in this Act which provides that the vehicle may not be sold, or may only be sold with the consent of the council. There is no provision here to say that, if a person has obtained a licence for a cab and disposes of it, or dies, he must surrender his licence. What is necessary is that the register should be kept in order and kept up to date.

Therefore, it seems to me that, by necessary implication, a person who buys a cab which has been licensed is under a duty to go to the authority and say: “I am now the proprietor of this cab which you licensed for a year. Please, therefore, enter me in the register as the proprietor, and enter my name on the licence granted in respect of the cab, instead of that of the earlier proprietor.”

Also this beauty.....[b]They must only work one shift a day and 37 hours a week and must find another driver to work the second shift each day.[/b]

perhaps you could point me to the part of the act which states any proprietor has to employ anyone?

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

http://www.reading.gov.uk/Documents/Committee_Services/Licensing_Applications_Sub-Committee3/2008-2009/090105/Item5Report.pdf

4. CURRENT POSITION

4.1 The Licensing Application Committee of 28 March 2007 approved the granting of new Hackney Carriage Proprietors’ Licences, providing the applicant satisfied specified criteria. The Committee also specified the conditions be attached to the license on issue.

4.2 The conditions to be attached to the new hackney carriage proprietors’ licences are:

i) the proprietor must personally drive the vehicle full time (at least 37 hours per week) and in the event that the proprietor unreasonably ceases to personally drive the hackney carriage in question full time the licence and licence plate must be returned to the Council;

ii) the proprietor shall rent the hackney carriage, at a reasonable market rent, to another Reading Borough Council licensed hackney carriage driver so that it may be driven for a second shift if another hackney carriage driver seeks to rent the vehicle and in the event the proprietor refuses to rent the vehicle to be used for a second shift the Council reserves the right to revoke the licence;

iii) the vehicle may be sold at any time, but prior to the sale of the vehicle the licence and licence plate must be returned to the Council, whereupon the vehicle will cease to be licensed;

iv) the proprietor may transfer the licence to another appropriate vehicle, upon application to the Council, provided they intend to continue to personally drive that vehicle full time and the vehicle to which the licence is proposed to be transferred to may not be older than the currently licensed vehicle;

v) a brand new vehicle for licensing must be provided by applicants who successfully met the criteria and were eligible for a proprietors’ licence;

vi) successful applicants for the new hackney carriage proprietors’ licences be required to take and pass the two part Council knowledge test and Driving Standards Agency driving test, if they had not already done so, within a reasonable time to be determined by the Head of Environment and Consumer Services. (This reasonable time has been determined to be 6 months)

Do they seem like reasonable conditions?

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

They don't even have to do that, just write a letter to the OFT.

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IDFIMH

Doesn't mean a thing, statutes take precedence over by-laws/local conditions.

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IDFIMH

They seem unlawful.

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IDFIMH

I must agree, a HC is a HC and caselaw suggests.....Blackpool BC vs. Red Cab Taxis, that they cannot impose conditions that disadvantage other licensees.

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Trouble in the taxi rank



A petition and demonstration at the Civic Centre revealed on Tuesday there is trouble in the ranks of Reading’s taxi drivers.

In fact there is a three-way split between the committee of Reading Taxi Association (RTA) and two breakaway groups.

First there was a protest before the full Reading Borough Council meeting by about 20 taxi drivers who have gained their taxi licence plates in the past two years.

They objected to the two-tier system which imposes a number of conditions on them but not on their colleagues who have been in the business for longer.

Second, taxi driver Asif Rashid presented councillors with a petition objecting to a survey being conducted by the council as part of a review of those conditions.

Mr Rashid said in his petition he and the 150 signatories did not recognise the current RTA committee.

The petition went on: “The current RTA committee’s desire to remove Hackney Carriage proprietors’ licence conditions is self-centred and does not reflect the wishes of the drivers.”

He told the council the conditions should stay in place.

After the meeting he said there should be no review of the conditions while an investigation is ongoing into the abuses of the conditions of the licence for drivers who should be working 37 hours but were actually working in other jobs and had friends or relatives driving the cab.

The new conditions – which apply only to taxi drivers gaining the licence plates in the last two years – say drivers must buy a new cab at a cost of between £35,000 and £40,000.

The new taxi drivers have to work a 37-hour week themselves and must employ a second driver to work the second shift each day.

They cannot sell their taxis on because the Hackney Carriage plate is non-transferrable.

These conditions do not apply to longer-established drivers who may buy second-hand vehicles up to five years old.

Mirza Beg – representing the demonstrating new drivers – said outside the meeting the split among drivers was causing “friction on the rank” and added: “We are all doing the same job. We should all have the same conditions.”

RTA chairman Keith Johnson said after the meeting he was seeking a review of just two conditions – the mandatory 37-hour week for licence holders and the mandatory second driver.

He said: “During the credit crunch some drivers are forced to go and take another job and then have to work the 37-hour shift as well.

“We would like them to have the option not to work and not to have to employ a second driver.”

There are currently 215 taxi licences plates issued which with second drivers represents 300 to 400 taxi drivers.

Cllr Paul Gittings, receiving the petition in the council chamber, said the authority would consider all sides of the argument in the review.

The council recently agreed a freeze on issuing any new Hackney Carriage licences until March 30 because of the economic climate.

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin