Taxi Driver Online

I think anyone challenging this in court would very likely win.

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

Don't you have a copy of the 1976 act? You really do surprise me at times.

47 Licensing of hackney carriages (1)

A district council may attach to the grant of a licence of a hackney carriage under the Act of 1847 such conditions as the district council may consider reasonably necessary.

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.

Vehicle yes, person no.

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IDFIMH

But is the inclusion of a radio part of the vehicle licence or an instruction to the driver.

Clarification needs to be given.

We used to have to sign a "stat dec" for a vehicle licence .................. but I doubt people can see the signifigance.

B. Lucky

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"Here's a simple solution. If you don't want to pay more for a premium service then wait in the queue, problem solved".
Skull on TDO

TF pi$$ed on his chips.

Unless they stick the radio to the driver's head, I think it's a vehicle condition.

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IDFIMH

So are you saying that they would refuse to licence a purpose built taxi on the grounds that it did not have a communication device connected to a ..................... sorry I've lost the plot ............. I was unaware of a licence to take bookings for a HC or a requirement for such in law.

Is it not the case that a mobile phone is a facility to take bookings ............... I think that the PH Ops are trying to increase their incomes here.

Come on chaps .......... this is complete bull$hit ............. and the clever counts are just trying to make this complicated .................. just like the council.

B. Lucky

_________________
"Here's a simple solution. If you don't want to pay more for a premium service then wait in the queue, problem solved".
Skull on TDO

TF pi$$ed on his chips.

Fire ext or First aid kits don't come as standard equipment but they are mandatory in most licensing areas. In theory a council can set any condition it likes and it would be up to the individual to challenge it. Simple as that.

Ask Wayne about unlafull council conditions. lol

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.

Can they insist on the radio being tuned to a local circuit?
Can they insist on the radio dues being paid?
In effect can they force drivers to work for a company or does having the untuned radio fitted satisfy the condition?
Sounds like this hasn't really been thought through.

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

No.

But that wont stop them.

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IDFIMH

Most importantly even if you do all of the above - how do you force the driver to turn it on?

And more to the point what is the reasoning behind having the radio? Because I feel this is a slur on good drivers.

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if you cannot be yourself, then who can you be.

No .......... its because the PH operators want it ................ and the HC trade only react when this is introduced or formally suggested.

Acting after the horse has bolted.

Of course the champion of PH ..... JD ..... will support this type of condition ..... because PH operators are the ones with the money to pay his consultancy fee's.

Preparing for the personal abuse ............. ok.

B. Lucky

_________________
"Here's a simple solution. If you don't want to pay more for a premium service then wait in the queue, problem solved".
Skull on TDO

TF pi$$ed on his chips.

I keep saying this but "you never cease to amaze me" but for all the wrong reasons? lol

I think by now, everyone who subscribes to TDO knows that I tell it like it is. If I believe something is outside the law or perhaps sailing too close to legal reality then I will say so, regardless of whether it appertains to Hackney carriage or private hire legislation.

I have to remind you that the exact situation has already been discussed in respect of Brighton. My views back then are the same as they are now and if anyone is interested in my views on the matter then they only have to read my comments in the various Brighton threads appertaining to this condition of license. I can't revive your memory but one of the threads on the subject is posted below.

My personal opinion is that the condition wouldn't stand the legal test in a court of law and even if it did the driver of the vehicle is not required to obey such a condition.

Therefore it may suit the council to make all newly licensed wav vehicles conditional on a radio being fitted but I suppose everyone but you realises that the council has no power by law to insist the driver of the vehicle uses the radio. That is precisely what I have said in the past and I have no intention of changing my mind.

I don't think I need say anymore, do I?

http://taxi-driver.co.uk/phpBB2/viewtop ... c&start=80

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.

So we agree then.

This "condition" doesn't stand a snowballs.

B. Lucky

_________________
"Here's a simple solution. If you don't want to pay more for a premium service then wait in the queue, problem solved".
Skull on TDO

TF pi$$ed on his chips.

Well that is what I have said in the past, however who is to say what a magistrate might think once he has heard the councils side of the story?

At least you now know that vehicles and drivers are controlled by different methods of licensing, namely "conditions" and "bye laws". Anything else we can teach you?

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.

I crave knowledge JD ................ so I learn something new every day.

Unlike others I do not profess to being an expert nor do I believe I have the only viewpoint on any issues ............... some see asking questions as a weakness, the only problem is that I have the balls to say what I feel, and out my own name to it. (even though I use a nick most people know who I am)

Anyway, my angry friend ............ have a very merry christmas and a prosperous new year.

B. Lucky

_________________
"Here's a simple solution. If you don't want to pay more for a premium service then wait in the queue, problem solved".
Skull on TDO

TF pi$$ed on his chips.