Taxi Driver Online

Someone is typing them up in word so they can be digested better on here.

Should be done tomorrow.

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IDFIMH

Thank you to the kind soul who sent this.

Alex


LOCAL GOVT.(MISC. PROVISIONS)ACT OF 1976- section 46

1st SUGGESTED AMENDMENT TO LEGISLATION- FOR DiSCUSSION 11™ SEPTEMBER 2007

Vehicle, drivers' and operators' licences.

EXISTING LEGISLATION

(1) Except as authorised by this Part of this Act—

(a) no person being the proprietor of any vehicle, not being a hackney carriage [^or London cab]in respect of which a vehicle licence is in force, shall use or permit the same to be used in a controlled district as a private hire vehicle without having for such a vehicle a current licence under section 48 of this Act;

(b) no person shall in a controlled district act as driver of any private hire vehicle without having a current licence under section 51 of this Act;

(c) no person being the proprietor of a private hire vehicle licensed under this Part of this Act shall employ as the driver thereof for the purpose of any hiring any person who does not have a current licence under the said section 51;

(d) no person shall in a controlled district operate any vehicle as a private hire vehicle without having a current licence under section 55 of this Act;

(e) no person licensed under the said section 55 shall in a controlled district operate any vehicle as a private hire vehicle—

(i) if for the vehicle a current licence under the said section 48 is not in force; or
(ii) if the driver does not have a current licence under the said section 51.

(2) If any person knowingly contravenes the provisions of this section, he shall be guilty of an offence.


PROPOSALS TO AMEND THE EXISTING LEGISLATION

(1) Except as authorised by this Part of this Act—

(a) no person being the proprietor of any vehicle, not being a hackney carriage ["or London cab]in respect of which a vehicle licence is in force, shall use or permit the same to be used in a controlled district as a private hire vehicle without having for such a vehicle a current licence under section 48 of this Act;

(b) no person shall in a controlled district act as driver of any private hire vehicle without having a current licence under section 51 of this Act;

(c) no person being the proprietor of a private hire vehicle licensed by a Council under this Part of this Act shall employ or permit any person to act as the driver of that vehicle unless that person holds a current licence issued by the same Council under the said section 51;

(d) no person shall in a controlled district operate any vehicle, including a hackney carriage, as a private hire vehicle without having a current licence under section 55 of this Act issued by the Council of the area in which the operator is based;

(e) no person licensed by a Council under the said section 55 shall in a controlled district operate any vehicle as a private hire vehicle unless:

(i) that vehicle is also licensed by that Council under section 48 of the Act of 1976; or
(ii) that vehicle is also licensed by that Council as a hackney carriage under the Act of 1847; and
(iii) the driver of the vehicle has a current driver's licence issued by that Council under the provisions of the Act of 1976 or the Act of 1847as is appropriate to the type of vehicle.

(2) If any person knowingly contravenes the provisions of this section, he shall be guilty of an offence.


LOCAL GOVT.(MISC. PROVISIONS)ACT OF 1976- section 80- EXISTING LEGISLATION

Interpretation of Part II.
80 — (1) In this Part of this Act, unless the subject or context otherwise requires—

"the Act of 1847" means the provisions of the Town Police Clauses Act 1847 with respect to hackney carriages;

"the Act of 1936" means the Public Health Act 1936;

"authorised officer" means any officer of a district council authorised in writing by the council for the purposes of this Part of this Act;

"contravene" includes fail to comply;

"controlled district" means any area for which this Part of this Act is in force by virtue of—

(a) a resolution passed by a district council under section 45 of this Act; or

(b) section 255(4) of the Greater London Authority Act 1999;

"daily fine" means a fine for each day during which an offence continues after conviction thereof;

"the district", in relation to a district council in whose area the provisions of this Part of this Act are in force,
means—

(a) if those provisions are in force throughout the area of the council, that area; and

(b) if those provisions are in force for part only of the area of the council, that part of that area;

"driver's badge" means, in relation to the driver of a hackney carriage, any badge issued by a district council under byelaws made under section 68 of the Act of 1847 and, in relation to the driver of a private hire vehicle, any badge issued by a district council under section 54 of this Act;

"driver's licence" means, in relation to the driver of a hackney carriage, a licence under section 46 of the Act of 1847 and, in relation to the driver of a private hire vehicle, a licence under section 51 of this Act;

"hackney carriage" has the same meaning as in the Act of 1847;

"hackney carriage byelaws" means the byelaws for the time being in force in the controlled district in question relating to hackney carriages;

"London cab" means a vehicle which is a hackney carriage within the meaning of the Metropolitan Public Carriage Act 1869;

"operate" means in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle;

"operator's licence" means a licence under section 55 of this Act;

"private hire vehicle" means a motor vehicle constructed or adapted to seat fewer than nine passengers, other than a hackney carriage or public service vehicle or a London cab or tramcar, which is provided for hire with the services of a driver for the purpose of carrying passengers;

"proprietor" includes a part-proprietor and. in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement;

"public service vehicle" has the same meaning as in the Public Passenger Vehicles Act 1981;

"taximeter" means any device for calculating the fare to be charged in respect of any journey in a hackney carriage or private hire vehicle by reference to the distance travelled or time elapsed since the start of the journey, or a combination of both; and

"vehicle licence" means in relation to a hackney carriage a licence under sections 37 to 45 of the Act of 1847 in relation to a London cab a licence under section 6 of the Metropolitan Public Carriage Act 1869and in relation to a private hire vehicle means a licence under section 48 of this Act.

(2) In this Part of this Act references to a licence, in connection with a controlled district, are references to a licence issued by the council whose area consists of or includes that district, and "licensed" shall be construed accordingly.

(3) Except where the context otherwise requires, any reference in this Part of this Act to any enactment shall be construed as a reference to that enactment as applied, extended, amended or varied by, or by virtue of, any subsequent enactment including this Act

(2) In this Part of this Act references to a licence, in connection with a controlled district, are references to a licence issued by the council whose area consists of or includes that district, and "licensed" shall be construed accordingly.

(3) Except where the context otherwise requires, any reference in this Part of this Act to any enactment shall be construed as a reference to that enactment as applied, extended, amended or varied by, or by virtue of, any subsequent enactment including this Act


LOCAL GOVT.(MISC. PROVISIONS)ACT OF 1976- section 80- SUGGESTED AMENDMENTS

Interpretation of Part II.

80— (1) In this Part of this Act, unless the subject or context otherwise requires—

"the Act of 1847" means the provisions of the Town Police Clauses Act 1847 with respect to hackney carriages;

"the Act of 1936" means the Public Health Act 1936;

"authorised officer" means any officer of a district council authorised in writing by the council for the purposes of this Part of this Act and any officer so authorised may act in respect of any licence issued by their parent council or another council regardless of whether the breach of legislation is suspected to have been committed within the area of their authorising council or that of another controlled district;

"contravene" includes fail to comply;

"controlled district" means any area within England and Wales save for such part of the area of London that is under the control of the Transport for London licensing authority;

"daily fine" means a fine for each day during which an offence continues after conviction thereof;

"the district", means the whole of the area of a district council where the provisions of this Part of this Act are in force,

"driver's badge" means, in relation to the driver of a hackney carriage, any badge issued by a district council under byelaws made under section 68 of the Act of 1847 and, in relation to the driver of a private hire vehicle, any badge issued by a district council under section 54 of this Act;

"driver's licence" means, in relation to the driver of a hackney carriage, a licence under section 46 of the Act of 1847 and, in relation to the driver of a private hire vehicle, a licence under section 51 of this Act;

"hackney carriage" has the same meaning as in the Act of 1847;

"hackney carriage byelaws" means the byelaws for the time being in force in the controlled district in question relating to hackney carriages;

"London cab" means a vehicle which is a hackney carriage within the meaning of the Metropolitan Public Carriage Act 1869;

"operate" means in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle or hackney carriage excluding only such occasions where the driver of a hackney carriage, whilst within their own district, may accept bookings for a future occasion;

"operator's licence" means a licence under section 55 of this Act;

"private hire vehicle" means a motor vehicle constructed or adapted to seat fewer than nine passengers, other than a hackney carriage or public service vehicle or a London cab or tramcar, which is provided for hire with the services of a driver for the purpose of carrying passengers whether charged at separate fares or for the vehicle as a whole;

"proprietor" includes a part-proprietor and, in relation to a vehicle which is the subject of a hiring agreement or hire-purchase agreement, means the person in possession of the vehicle under that agreement;

"public service vehicle" has the same meaning as in the Public Passenger Vehicles Act 1981;

"taximeter" means any device for calculating the fare to be charged in respect of any journey in a hackney carriage or private hire vehicle by reference to the distance travelled or time elapsed since the start of the journey, or a combination of both; and

"vehicle licence" means in relation to a hackney carriage a licence under sections 37 to 45 of the Act of 1847, in relation to a London cab a licence under section 6 of the Metropolitan Public Carriage Act 1869, and in relation to a private hire vehicle means a licence under section 48 of this Act or the Private Hire Vehicles [London] Act 1998.

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ʎɐqǝ uo pɹɐoqʎǝʞ ɐ ʎnq ı ǝɯıʇ ʇsɐן ǝɥʇ sı sıɥʇ

Simply the best taxi forum in the whole wide world. www.taxi-driver.co.uk

What is a future occasion, and how on earth is that going to be enforced?

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IDFIMH

I thought that myself, although some would have you believe I hadnt

CC

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

With rules stretching from 1847 to 2006, is it any wonder the trade is confused, the whole dam lot needs scrapping and rewritten to meet today's standards, but with that many bodies and individuals will it, could it ever happen.
If it ever does lets make them national rules

I'm going to post my version Skippy and delete yours because mine has all the amendments highlighted in bold which might be more user friendly.

I hope you don't mind.

Regards

JD
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Suggested amendments to the LGMPA 1976.

Local Government Miscellaneous Provisions act 1976 – Section 46

Vehicle drivers and operators licenses

Current Legislation and amendments.

Section 46 Vehicle, drivers' and operators' licences (1) Except as authorised by this Part of this Act— [/b]

(a) no person being the proprietor of any vehicle, not being a hackney carriage [or London Cab] in respect of which a vehicle licence is in force, shall use or permit the same to be used in a controlled district as a private hire vehicle without having for such a vehicle a current licence under section 48 of this Act;

(b) no person shall in a controlled district act as driver of any private hire vehicle without having a current licence under section 51 of this Act;

(c) no person being the proprietor of a private hire vehicle licensed under this Part of this Act shall employ as the driver thereof for the purpose of any hiring any person who does not have a current licence under the said section 51;

PROPOSED AMENDMENT

(c) No person being the proprietor of a private hire “vehicle licensed by a council under this Part of this Act shall employ or permit any person to act as the driver of that vehicle unless that person holds a current license issued by the same council” under the said section (51).

CURRENT LEGISLATION

(d) no person shall in a controlled district operate any vehicle as a private hire vehicle without having a current licence under section 55 of this Act;

PROPOSED AMENDMENT

(d) No person shall in a controlled district operate any vehicle, “including a hackney carriage” as a private hire vehicle without having a current licence under section 55 of this Act, “issued by the council of the area in which the operator is based”.

CURRENT LEGISLATION

(e) no person licensed under the said section 55 shall in a controlled district operate any vehicle as a private hire vehicle—

(i) if for the vehicle a current licence under the said section 48 is not in force; or (ii) if the driver does not have a current licence under the said section 51.

(2) If any person knowingly contravenes the provisions of this section, he shall be guilty of an offence.

PROPOSED AMENDMENT

(e) No person licensed [b]“by a council under the said section 55” shall in a controlled district operate any vehicle as a private hire vehicle unless,

(i)”That vehicle is also licensed by that council under section 48 of the act of 1976, or

(ii)That vehicle is also licensed by the council as a hackney carriage under the act of 1847, and

(iii) The driver of the vehicle has a current driver’s license issued by that council under the provisions of the act of 1976 or the Act of 1847 as is appropriate to the type of vehicle.”

LOCAL GOVERNMENT MISCELLANEOUS PROVISIONS ACT 1976 SECTION 80

EXISTING LEGISLATION.

80 Interpretation of Part II (1) In this Part of this Act, unless the subject or context otherwise requires —

"the Act of 1847 " means the provisions of the Town Police Clauses Act 1847 with respect to hackney carriages;

"the Act of 1936" means the Public Health Act 1936;

CURRENT LEGISLATION

"authorised officer" means any officer of a district council authorised in writing by the council for the purposes of this Part of this Act;

PROPOSED AMENDMENT

"authorised officer" means any officer of a district council authorised in writing by the council for the purposes of this Part of this Act; “and any officer so authorised may act in respect of any license issued by their parent council or another council regardless of whether the breach of legislation is suspected to have been committed within the area of their authorising councillor or that of another controlled district.”

CURRENT LEGISLATION

"controlled district" means any area for which this Part of this Act is in force by virtue of—
(a) a resolution passed by a district council under section 45 of this Act; or
(b) section 255(4) of the Greater London Authority Act 1999;]

PROPOSED AMENDMENT

"controlled district" “means any area within England and Wales save for such part of the area of London that is under the control of the Transport for London licensing authority.”

CURRENT LEGISLATION

"the district", in relation to a district council in whose area the provisions of this Part of this Act are in force, means—

(a) if those provisions are in force throughout the area of the council, that area; and

(b) if those provisions are in force for part only of the area of the council, that part of that area;

PROPOSED AMENDMENT

"the district". “Means the whole of the area of a district council where the provisions of this part of this act are in force.”

CURRENT LEGISLATION

"operate" means in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle;

PROPOSED AMENDMENT

"operate" means in the course of business to make provision for the invitation or acceptance of bookings for a private hire vehicle “or hackney carriage excluding only such occasions where the driver of a hackney carriage, whilst within their own district, may accept bookings for a future occasion.”

CURRENT LEGISLATION

"private hire vehicle" means a motor vehicle constructed or adapted to seat [fewer than nine passengers], other than a hackney carriage or public service vehicle [or a London cab] [or tramcar], which is provided for hire with the services of a driver for the purpose of carrying passengers;

PROPOSED AMENDMENT

"private hire vehicle" means a motor vehicle constructed or adapted to seat [fewer than nine passengers], other than a hackney carriage or public service vehicle [or a London cab] [or tramcar], which is provided for hire with the services of a driver for the purpose of carrying passengers “whether charged at separate fares or for the vehicle as a whole.”
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Forget that skippy I see Alex posted a copy as well. lol I'll let Alex decide which ones to delete.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

The quick get out clause eh JD

lol from no copies, to suddenly three? No wonder these proposals are in short supply?

Good job we have TDO, otherwise all you drivers, owners and operators out there would be the last to know whats going on. Are we the only website to so far publish these proposals? I hope many more follow.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Jd.. I have a proposal for you, but I think it is physically impossible to do.

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

Maybe you could try it yourself first. I'm sure CC will help.....

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http://wingsoverscotland.com/ http://www.newsnetscotland.com/

Why do I get the feeling you would like to watch

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

Watch? I could sell tickets

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http://wingsoverscotland.com/ http://www.newsnetscotland.com/

So you are not alone. ...... you want to try a woman.... a live one next time

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

I seem to recall JD once telling us he was a cab driver from Manchester who did articles for TODA news.....strange he criticises the NTA when at least two (if not three) of the reps at the meeting must be known to him.

CC

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