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Sorry guys all the arguments you have been bring up are all answered in Sec 38 you obviously cannot see it or do not want to, you cannot see the woods for the trees, in reply to the Subject of Sefton being like Shropshire, if you bothered to read the ruling that allows cross border you should note at the end the ruling the Judge makes a statement that a Hackney Carriage must work predominantly in the area that its Plated for, if not the Council Plating the said Vehicle can refuse to Plate (license) said Vehicle not, the Council where the problem comes to, the Council who License the Vehicle that does not work predominately in its own area. PH can do what they do because there is no Law to stop them, but the Law Commission want to Legalize it so they can definitely do it, (Sec 38 will be removed) and not do the right thing and make it more illegal than Sec 38 already does, giving unnecessary power to PH in the process ridding the Trade of Owners/Driver of Hacks like myself who have worked in the Trade for 40 years quite happily abiding by the rules we have now, since the implementation of the 1976 Act which was bought in for the PH Trade (Predominantly) things have slowly got worse for the Hacks until we got to this God
38 What to be hackney carriages. Proviso as to stage coaches. .
Every wheeled carriage, whatever may be its form or construction, used in standing or plying for hire in any street within the prescribed distance, and every carriage standing upon any street within the prescribed distance, having thereon any numbered plate required by this or the special Act to be fixed upon a hackney carriage, or having thereon any plate resembling or intended to resemble any such plate as aforesaid, shall be deemed to be a hackney carriage within the meaning of this Act; and in all proceedings at law or otherwise the term “hackney carriage” shall be sufficient to describe any such carriage:
Provision always, that no stage coach used for the purpose of standing or plying for passengers to be carried for hire at separate fares, and duly licensed for that purpose, and having thereon the proper numbered plates required by law to be placed on such stage coaches, shall be deemed to be a hackney carriage within the meaning of this Act. If local authorities actually followed what the Judge in the Berwick case said, and as demonstrated by Shropshire Council, the cross border HC thing would disappear very quickly.
The HC is licensed to operate within its prescribed distance, the fact it can do PH work is IMO neither here nor there.
It seems to me the entire Berwick scrnario was brought about by one company from the North East using a very loose judgement in the Shanks Costs case........the words of the judge have been taken out of context in respect of what was in front of him.
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