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PostPosted: Sun Feb 20, 2011 6:24 pm 
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MR T wrote:
Gasmac.. you have me intrigued ... in English law it says nothing about having to do a survey.... are you saying that in Scottish law it does....


Maybe you should ask Over & Oot and the rest of the Dundee trade - they keep going on about them :D

Seriously, though, you're surely not suggesting that capping without a survey would withstand a legal challenge, or are you just saying that the council should take a chance?

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PostPosted: Sun Feb 20, 2011 6:33 pm 
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I agree that it is all irrelevant if a survey is not carried out but if a survey is done and the survey says 450 surely the percentage of wav will be from that number and not the current 603.
The reason i say this is because the numbers will fall as time goes bye. Remember Dundee plates are none transferable so the numbers would fall eventually.


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PostPosted: Sun Feb 20, 2011 6:34 pm 
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Caledonian Cabbie wrote:
MR T wrote:
Gasmac.. you have me intrigued ... in English law it says nothing about having to do a survey.... are you saying that in Scottish law it does....


Maybe you should ask Over & Oot and the rest of the Dundee trade - they keep going on about them :D

Seriously, though, you're surely not suggesting that capping without a survey would withstand a legal challenge, or are you just saying that the council should take a chance?
I don't believe I was suggesting anything... I simply asked the question.... the law states that the person refusing must know there is no unmet demand... it doesn't state how he should know... and although surveys are recognised in a court of law.. nobody has really looked into another method..... and it is also quite reasonable for a council to suspend issuing licences until the results of the survey have been placed before them.. it might mean that they then issue or not... but in Scotland we have to remember the 6th month rule.... don't we. :wink:

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PostPosted: Sun Feb 20, 2011 6:38 pm 
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stationtone wrote:
I agree that it is all irrelevant if a survey is not carried out but if a survey is done and the survey says 450 surely the percentage of wav will be from that number and not the current 603.
The reason i say this is because the numbers will fall as time goes bye. Remember Dundee plates are none transferable so the numbers would fall eventually.
The council's can only formulate policies with regard to the law as it stands on the day that that policy decision is made.... as regard to percentages of how many wheelchair accessible vehicles there should be there is no law at present....

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PostPosted: Sun Feb 20, 2011 6:38 pm 
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Yes there is the 6 month rule in scotland but i think there is case law that says a extention could be granted if the council was waiting for the results of a survey.


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PostPosted: Sun Feb 20, 2011 7:24 pm 
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stationtone wrote:
Yes there is the 6 month rule in scotland but i think there is case law that says a extention could be granted if the council was waiting for the results of a survey.


The CGSA says that an application must be considered within 3 months and decided within 6 months, otherwise the licence is deemed to be granted.
An extention may be granted on application to the sheriff, but only in exceptional circumstances.
6 months is more than enough time to carry out a survey so I doubt that not having had one done would be considered exceptional. That would be up to the sheriff though.

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PostPosted: Sun Feb 20, 2011 7:27 pm 
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MR T wrote:
Gasmac.. you have me intrigued ... in English law it says nothing about having to do a survey.... are you saying that in Scottish law it does....


No, but this is the usual method a council uses to show it is satisfied their is no SUD. If you are aware of another way which would stand up to legal challenge, do tell.

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PostPosted: Sun Feb 20, 2011 7:36 pm 
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stationtone wrote:
I agree that it is all irrelevant if a survey is not carried out but if a survey is done and the survey says 450 surely the percentage of wav will be from that number and not the current 603.
The reason i say this is because the numbers will fall as time goes bye. Remember Dundee plates are none transferable so the numbers would fall eventually.


Fortunately or unfortunately, depending on your view, the percentage applied will relate to the number of taxis licenced at that time, not to any number which may or may not be achieved at some point in the dim and distant future.

The Equality Act isn't going to wait until it suits the taxi trade.

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PostPosted: Sun Feb 20, 2011 7:37 pm 
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gusmac wrote:
The Equality Act isn't going to wait until it suits the taxi trade.


Maybe :wink:

CC

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PostPosted: Sun Feb 20, 2011 7:40 pm 
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captain cab wrote:
gusmac wrote:
The Equality Act isn't going to wait until it suits the taxi trade.


Maybe :wink:

CC


Well, there is the possibility that the percentage may never be announced.

And you might still get that Cardinal's job :wink:

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PostPosted: Sun Feb 20, 2011 8:05 pm 
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gusmac wrote:
stationtone wrote:
I agree that it is all irrelevant if a survey is not carried out but if a survey is done and the survey says 450 surely the percentage of wav will be from that number and not the current 603.
The reason i say this is because the numbers will fall as time goes bye. Remember Dundee plates are none transferable so the numbers would fall eventually.


Fortunately or unfortunately, depending on your view, the percentage applied will relate to the number of taxis licenced at that time, not to any number which may or may not be achieved at some point in the dim and distant future.

The Equality Act isn't going to wait until it suits the taxi trade.
So let's say.... that the Council had this decision before them tomorrow.... what would be the percentage they would have to consider

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PostPosted: Sun Feb 20, 2011 8:09 pm 
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gusmac wrote:
MR T wrote:
Gasmac.. you have me intrigued ... in English law it says nothing about having to do a survey.... are you saying that in Scottish law it does....


No, but this is the usual method a council uses to show it is satisfied their is no SUD. If you are aware of another way which would stand up to legal challenge, do tell.
do tell ..... I am sure that if you were to engage one or two of your little grey cells you could probably come up with an answer... it's not really hard.... :roll:

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PostPosted: Sun Feb 20, 2011 8:22 pm 
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gusmac wrote:
Well, there is the possibility that the percentage may never be announced.

And you might still get that Cardinal's job :wink:


How many LA's went down the route of what the DDA said might happen?

CC

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PostPosted: Sun Feb 20, 2011 9:58 pm 
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MR T wrote:
gusmac wrote:
stationtone wrote:
I agree that it is all irrelevant if a survey is not carried out but if a survey is done and the survey says 450 surely the percentage of wav will be from that number and not the current 603.
The reason i say this is because the numbers will fall as time goes bye. Remember Dundee plates are none transferable so the numbers would fall eventually.


Fortunately or unfortunately, depending on your view, the percentage applied will relate to the number of taxis licenced at that time, not to any number which may or may not be achieved at some point in the dim and distant future.

The Equality Act isn't going to wait until it suits the taxi trade.
So let's say.... that the Council had this decision before them tomorrow.... what would be the percentage they would have to consider


Do try to read all, the posts. :wink:
gusmac wrote:
Quote:
How many taxi licences are wheelchair accesible licences

3. 269


269 out of 603 is only 44.61%

I can't see the proportion set by the Equality act being that low when it's announced.
If Dundee set a limit, it may not be for very long.

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PostPosted: Sun Feb 20, 2011 10:00 pm 
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captain cab wrote:
gusmac wrote:
Well, there is the possibility that the percentage may never be announced.

And you might still get that Cardinal's job :wink:


How many LA's went down the route of what the DDA said might happen?

CC


Well whats all the fuss about if it might never happen :roll:

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