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PostPosted: Mon Aug 27, 2007 9:36 pm 
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We have several 8 passenger taxis in our area (Leicestershire)

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PostPosted: Mon Aug 27, 2007 9:41 pm 
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Well one is right and one is wrong, it looks like the answer will be in your copy of the 1976 miscellaneous act...

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PostPosted: Mon Aug 27, 2007 10:33 pm 
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It's passenger numbers that are relevant, ie no more than eight.

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PostPosted: Mon Aug 27, 2007 10:37 pm 
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grandad wrote:
The vehicle is available for the 7 days. It does not have to be in constant use. People on school contracts may only use their cars for an hour a day but the contract can be for the whole year.


But from the normal perspective the seven day exemption should mean that the limo could only do one contract every week, thus in effect a job on Friday then another one on Saturday then the same the week after wouldn't work, unless the jobs are contractually related, which in the normal course of events they aren't.

That's the bit I could never work out :-k

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PostPosted: Mon Aug 27, 2007 11:01 pm 
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grandad wrote:
The vehicle is available for the 7 days. It does not have to be in constant use. People on school contracts may only use their cars for an hour a day but the contract can be for the whole year.


We know all about 7 day contracts and the terms by which they have to be implemented by law, if you care to read the Pits case on TDO but you should also be aware of the fact that it is up to the person using the exemption to prove he was doing so lawfully. The courts have a knack of exposing sham contracts that say one thing and where the business activity suggests something completely different.

LORD JUSTICE PARKER, PITS v LEWIS

said that for the section 75(1)(b) exemption to apply there had to be a contract for hire of a vehicle for a minimum of seven days and the contract had to relate to a particular identified vehicle, so that it would be a breach of contract if another vehicle was supplied.

Section 75(1)(b) was not defeated merely because the vehicle was not in the possession or control of the hirer when not in use. Neither did the section require that the vehicle should be hired for a fixed fee. It was common for hire to be for a fixed charge plus either mileage or an hourly rate.

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JD

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PostPosted: Mon Aug 27, 2007 11:11 pm 
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Again, I don't work to the contract exemption and again different interpretations have been argued as to whether the contract has to be exclusive or if more than one contract can run simultaniously with another.
The school contracts that I have are individual contracts so If someone who uses the contract exemption able to do just one contract or can they do more. Say for instance take child "a" to school at 8.00 am and child "b" at 8.45 am? If the contract has to specify the vehicle, which I know it does, What happens if this vehicle breaks down or has to go in for a service?
I ask because I don't know the answer.

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PostPosted: Mon Aug 27, 2007 11:20 pm 
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MR T wrote:
in my opinion you are only breaking a law when there is a law there to break.

Well the 1847 and 1976 acts spring to mind. :?

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PostPosted: Mon Aug 27, 2007 11:42 pm 
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Oh God, you don't want me to re-read them do you, I have decided to pass on this one , but please enjoy yourselves....

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PostPosted: Mon Aug 27, 2007 11:49 pm 
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grandad wrote:
The school contracts that I have are individual contracts so If someone who uses the contract exemption able to do just one contract or can they do more. Say for instance take child "a" to school at 8.00 am and child "b" at 8.45 am? If the contract has to specify the vehicle, which I know it does, What happens if this vehicle breaks down or has to go in for a service?


Well if your contract is with the school then I don't really see a problem and if need be I'm sure your school could easily draw up one contract to cover the two runs rather than having two separate ones.

However, on the point more generally I don't see how the exemption could apply to other than an exclusive hire, since otherwise it would be unnecessary to plate any PH car surely?

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PostPosted: Mon Aug 27, 2007 11:50 pm 
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TDO wrote:
It's passenger numbers that are relevant, ie no more than eight.


Please accept my apologies, you are right my friends limo carries 8 passengers. I let my fingers do the walking.

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PostPosted: Tue Aug 28, 2007 12:15 am 
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TDO wrote:
grandad wrote:
The school contracts that I have are individual contracts so If someone who uses the contract exemption able to do just one contract or can they do more. Say for instance take child "a" to school at 8.00 am and child "b" at 8.45 am? If the contract has to specify the vehicle, which I know it does, What happens if this vehicle breaks down or has to go in for a service?


Well if your contract is with the school then I don't really see a problem and if need be I'm sure your school could easily draw up one contract to cover the two runs rather than having two separate ones.

However, on the point more generally I don't see how the exemption could apply to other than an exclusive hire, since otherwise it would be unnecessary to plate any PH car surely?


The contracts here are all from the county council. But they are seperate contracts.

My LA sugested to me that the contracts had to be exclusive but the NLcA advise their members that this is not the case.

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PostPosted: Tue Aug 28, 2007 8:37 am 
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grandad wrote:
My LA sugested to me that the contracts had to be exclusive but the NLcA advise their members that this is not the case.

I wonder if the NLCA will be offering free legal support (in terms of free lawyer/barrister representation) when one of their members finds out that the NLCA's view is a pile of poo. :shock:

Maybe they will still be giving that advice on 01/01/08 when even that little scam is out-lawed. :wink:

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PostPosted: Tue Aug 28, 2007 9:34 am 
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The NLcA have a draft contract for use on this subject. No one who works to it has ever been succesfully prosecuted. The NLcA are well aware of the changes coming in at the end of the year. They and the ELA are working with the powers that be as you well know.

http://www.nlca.co.uk/news.php

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PostPosted: Tue Aug 28, 2007 1:21 pm 
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I see the purpose built insurance scheme for self drive hire was agreed by Direct Chauffeur line and Chaucer insurance. Are we to believe that limo operators didn't have a major say in what type of insurance they wanted? Such as excluding everyone who doesn't have a pcv entitlement on their license and a minimum of 1000 pounds excess for those that do but no excess for Agency pcv drivers?

http://www.nlauk.co.uk/news.html

Direct Chauffeur Line Insurance brokers and Chaucer Insurance have today agreed a new purpose built insurance scheme for self drive vehicles. Proper self drive policies are now available.

For quotations please contact Direct Chauffeur Line 020 8669 4466
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PostPosted: Wed Aug 29, 2007 12:28 am 
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There really is no pleasing you is there JD your just simply Anti limo. Even if they were fully licensed etc etc you would still bitch about something.

The case you post at the begining is a million miles away from self drive and you know it.

We work tirelessly week in week out to bring these vehicles to a criteria beyond what any normal minibus has to adhere to. We now lobby parliament to legislate controls over the industry which dont undermine present PH requirements, we push all ops to go CRB checked , we require all insurance companies to stipulate PSV license for vehicles which carry more than 8 passengers( and in my opinion any vehicle which does this regardless of its use should be law to drive only if PSV licensed).

Yet you still try to pick holes, incredible considering recent posting about rape and drunk drivers.

The answer to these above problems from the PH trade THROW THEM OUT WE DONT WANT THEM, easy to say after the event maybe they should NEVER have been allowed in????

Obviously PH licensing and CRB,s dont work for the PH trade in some areas yet none of this concerns you ONLY whether or not a minority of operators in an unrelated industry are doing things to YOUR acceptance.

I think you should get your own house in order before you try and enter one which has a 100% safety record spanning 30 years , with NO rapes , EVER!!!!!! :roll:


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