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PostPosted: Tue Aug 10, 2010 10:43 pm 
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Where's Derrick Bird when we really need him?

CC

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PostPosted: Wed Aug 11, 2010 12:08 am 
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Is it doable?

http://taxi-driver.co.uk/phpBB2/viewtopic.php?t=14672

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PostPosted: Thu Aug 12, 2010 10:30 pm 
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captain cab wrote:
Paul Lawry

Well not at this point but what I would say in regard to this is, I know there are instances where decisions have been made that obviously aren’t in the interests of public safety. Now what I would I would like the trade to do collectively is give me some examples of what it is exactly that is happening out there because I can’t do anything on anecdotal evidence I need to actually back this up. You know, if there is a problem with a particular part of legislation then I am quite happy to take the evidence and we will go away and look at it but if that then means that we need to issue guidance then that is something that I am quite prepared to do but I need that evidence to come into the Department in a structured way first.

Wayne Casey (Carlisle)

The Chairman Paul who has a document from a group known as AGMA or as he likes to call them the Secret Society and they have brought a marvellous policy document which will instigate a driver who is caught illegally plying for hire being given an immediate suspension.

Paul Lawry

I am aware of that but as I say if you have got evidence that you can send in to me at the Department then fine, I am quite happy to take that evidence and if we need to review that and give some clear guidance to local authorities then so be it. I am quite happy to undertake that.


CC, can we take it that the relevant "evidence" has been passed to Mr Lawry (or his Office if he has transfered) and if so has any reply been made? Or even better any action been taken by the Department to CLARIFY things for the Local Authority?

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PostPosted: Thu Aug 12, 2010 10:35 pm 
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Chris the Fish wrote:
CC, can we take it that the relevant "evidence" has been passed to Mr Lawry (or his Office if he has transfered) and if so has any reply been made? Or even better any action been taken by the Department to CLARIFY things for the Local Authority?


The DFT have been contacted, as has the local MP by one of the NTA guys in the area.

I dont wish to publicise the reply of the DFT as it was confidential (by that it was to me only).

I will confirm that the government did not see a parking offence as a sufficient enough cause to use section 52.......and they didnt introduce a 'Hire Vehicle license' whilst we weren't looking!

regards

CC

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PostPosted: Thu Aug 12, 2010 10:46 pm 
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Quote:
DFT have been contacted, as has the local MP by one of the NTA guys in the area.


Sorry to be a pain, (not very sorry, just a bit sorry) is the NTA guy in the same or another nearby Authority Area. Is something being done to get these chaps and chapesses reinstated damn quickly?

I personally think that the local authority concerned could end up with quite a bill for lost earnings and, if it should go to Court, a legal bill as well.

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PostPosted: Thu Aug 12, 2010 10:55 pm 
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Chris the Fish wrote:
Quote:
DFT have been contacted, as has the local MP by one of the NTA guys in the area.


Sorry to be a pain, (not very sorry, just a bit sorry) is the NTA guy in the same or another nearby Authority Area. Is something being done to get these chaps and chapesses reinstated damn quickly?

I personally think that the local authority concerned could end up with quite a bill for lost earnings and, if it should go to Court, a legal bill as well.


Your not a pain.

The NTA guy has tried to help, but not a single driver has followed the advice given and sourced from either the NTA or this forum.

You cant help some people I suppose.

CC

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PostPosted: Thu Aug 12, 2010 11:08 pm 
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Segment of the letter to local authorities back in 2006

28 November 2006

Dear Sir/Madam,

Changes to taxi and private hire vehicle (PHV) legislation in the road safety act 2006

Immediate suspension or revocation of a taxi or PHV driver's licence if required in the interests of public safety

As you will also know, a further measure which Ministers brought forward for inclusion in the Road Safety Bill was a new power for local licensing authorities outside London to be able, if they considered that the interests of public safety required it, to bring into immediate effect suspension or revocation of a taxi or PHV driver's licence (a similar provision already applies in London). A Commencement Order bringing this measure into force will be brought forward at the earliest opportunity.

Ministers are clear that licensing authorities should have discretion to decide for themselves in which cases it is appropriate to use this new power. Authorities will however wish to consider carefully in each case whether there are clear grounds for deciding that immediate suspension or revocation of the licence is required in the interests of public safety. Ministers would expect that the normal position will remain that the suspension or revocation of a driver's licence will only take effect after the 21 days the driver has to decide whether to appeal or - if there is an appeal - after that appeal has been determined.

Ministers will also keep under review whether guidance to authorities on the use of this new power would be appropriate or necessary.

Yours sincerely,

David Farmer

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PostPosted: Thu Aug 12, 2010 11:10 pm 
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Segment of DFT letter 2007

28 February 2007

Dear Sir/Madam,

Changes to Taxi and Private Hire Vehicle (PHV) Legislation in the Road Safety Act 2006

Power to suspend or revoke a driver's licence with immediate effect

6. At present, a taxi or PHV driver (outside London) can continue to work as a taxi or PHV driver whilst appealing to the magistrates court against a decision by the local licensing authority to suspend or revoke his taxi or PHV driver's licence.

7. Section 52 of the Road Safety Act gives licensing authorities the power to suspend or revoke a taxi or PHV driver's licence with immediate effect where they are of the opinion that the interests of public safety require such a course of action.

8. Section 52 will be commenced on 16 March 2007. This means that licensing authorities can only start to use the power in relation to decisions to suspend or revoke which are made on or after 16 March; they cannot use the power in relation to suspension or revocation decisions which had been made before that date. The section applies outside London; TfL already have similar powers in London.

9. It will be a matter for individual local licensing authorities to determine how they wish to make use of this new power. The Department has not issued any guidance on this issue. However, Ministers will keep under review whether general guidance to authorities on the use of this new power would be appropriate or necessary.

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PostPosted: Thu Aug 12, 2010 11:19 pm 
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As you can see I am in Plymouth - you may know that here we do not have the 1976 Act. As the 2006 only allowed this kind of thing in the small area of "Everywhere in the small locality outside Plymouth" I am not directly affected.
Funny thing is, when (and if) it is used properly I support the ideal that the 2006 act provides for. I would like Plymouth to drop the 1975 act we operate under and adopt the 1976 which suffices for the great unwashed out there. Until this one is resolved though, and the future situation is fully clarified, I think the status quo is better for me and all Plymouth Hackney drivers.

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PostPosted: Thu Aug 12, 2010 11:22 pm 
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Well the chairperson's e-mail address is on here. if people wish to e-mail the lady in a calm and reasonable way, explaining to her that to take a drivers living away for a month over what is just a parking offence is completely unreasonable, and also explain to her that the section was not meant for minor offences.. asking her would she expect her licensing team to be placed on suspension for the same reasons... also querying the legality of using CCTV to gain evidence....
stating your name and the district you work it... pointing out that the eyes of the whole country of watching the outcome.... now is your chance

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PostPosted: Thu Aug 12, 2010 11:41 pm 
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MR T wrote:
e-mail the lady in a calm and reasonable way


I think she needs skippyfied :lol:

CC

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PostPosted: Thu Aug 12, 2010 11:47 pm 
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captain cab wrote:

I think she needs skippyfied :lol:

CC


Is Skippy
1. Aware of the ladys need.
2. Available.
3. Up for it.

Just wondering.

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PostPosted: Fri Aug 13, 2010 12:04 am 
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4. Is she on the right continent.

CC

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PostPosted: Fri Aug 13, 2010 12:19 am 
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5. Is he.

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PostPosted: Fri Aug 13, 2010 3:51 am 
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6 GFAM


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