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PostPosted: Wed Jan 19, 2022 10:53 pm 
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Once again someone asked me about out-of-area testing stations, and are they legal? This mainly relates to areas that license anyone from anywhere, and that anywhere is usually 100s of miles away from their areas.

The first paragraph of section 50 is crystal clear, even for those that work in licensing offices. 8-[

https://www.legislation.gov.uk/ukpga/1976/57/section/50

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PostPosted: Thu Jan 20, 2022 1:59 am 
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Sussex wrote:
Once again someone asked me about out-of-area testing stations, and are they legal? This mainly relates to areas that license anyone from anywhere, and that anywhere is usually 100s of miles away from their areas.

The first paragraph of section 50 is crystal clear, even for those that work in licensing offices. 8-[

https://www.legislation.gov.uk/ukpga/1976/57/section/50


Very few vehicle proprietors comply with the Act in relation to where the vehicle is kept when not in use(commit an offence) and consequently put their licence at risk if the thicko licensing Officers and Councillors would only abide and enforce the Act the way Parliament intended,


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PostPosted: Thu Jan 20, 2022 11:26 pm 
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Sussex wrote:
Once again someone asked me about out-of-area testing stations, and are they legal? This mainly relates to areas that license anyone from anywhere, and that anywhere is usually 100s of miles away from their areas.

The first paragraph of section 50 is crystal clear, even for those that work in licensing offices. 8-[

https://www.legislation.gov.uk/ukpga/1976/57/section/50

Has there been any court cases regarding this

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PostPosted: Fri Jan 21, 2022 1:26 am 
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MR T wrote:
Sussex wrote:
Once again someone asked me about out-of-area testing stations, and are they legal? This mainly relates to areas that license anyone from anywhere, and that anywhere is usually 100s of miles away from their areas.

The first paragraph of section 50 is crystal clear, even for those that work in licensing offices. 8-[

https://www.legislation.gov.uk/ukpga/1976/57/section/50

Has there been any court cases regarding this


Yes the Berwick scenario


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PostPosted: Fri Jan 21, 2022 10:29 am 
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Our stretched limos were tested by Nottingham City Council. Most of the licensed stretched limos that operated in Leics, Derby, Lincs and Notts were tested there.

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PostPosted: Fri Jan 21, 2022 1:25 pm 
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grandad wrote:
Our stretched limos were tested by Nottingham City Council. Most of the licensed stretched limos that operated in Leics, Derby, Lincs and Notts were tested there.

I think that would be viewed by most sensible folks as reasonable if there was no local garage that could meet the testing requirements.

Similar to what B&H council did in respect of TXs where the local agent was based outside of their licensing area.

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PostPosted: Fri Jan 21, 2022 5:25 pm 
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Sussex wrote:
grandad wrote:
Our stretched limos were tested by Nottingham City Council. Most of the licensed stretched limos that operated in Leics, Derby, Lincs and Notts were tested there.

I think that would be viewed by most sensible folks as reasonable if there was no local garage that could meet the testing requirements.

Yes, at a 'stretch' :lol:

Sussex wrote:
Similar to what B&H council did in respect of TXs where the local agent was based outside of their licensing area.

But if you want to make it some sort of reasonableness test rather than a literal interpretation of the legislation, then it's surely not unreasonable to test Wolverhampton-plated cars working in Blackpool in, er, Blackpool.

I mean, which driver working in Blackpool would assert that they want the statute interpreted literally so they can drive to Wolverhampton to get their car tested?

So, to that extent, it passes the reasonableness test [-(


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PostPosted: Fri Jan 21, 2022 7:32 pm 
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I mean, which driver working in Blackpool would assert that they want the statute interpreted literally so they can drive to Wolverhampton to get their car tested?

The statutes weren't enacted for driver's conveniences, they were enacted for public safety.

Having a testing station that is never visited by council officials, and vehicles that are never seen by council officials are not what the legislators envisaged when they passed those acts.

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PostPosted: Sun Jan 23, 2022 12:18 am 
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heathcote wrote:
MR T wrote:
Sussex wrote:
Once again someone asked me about out-of-area testing stations, and are they legal? This mainly relates to areas that license anyone from anywhere, and that anywhere is usually 100s of miles away from their areas.

The first paragraph of section 50 is crystal clear, even for those that work in licensing offices. 8-[

https://www.legislation.gov.uk/ukpga/1976/57/section/50

Has there been any court cases regarding this


Yes the Berwick scenario

Nothing in that of any use

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PostPosted: Fri Jan 28, 2022 8:06 pm 
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It would appear that Wolverhampton don’t do a licensed vehicle test, the vehicles only have an MOT test at one of there approved stations, there’s at least one private hire company testing there own vehicles, they also have an MOT station.

All Hackney Carriage and Private Hire vehicles licensed by City of Wolverhampton Council must undertake an MOT by an approved testing station.


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PostPosted: Fri Jan 28, 2022 8:18 pm 
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Oh dear. Wolverhampton are not doing there home work.

Becoming an Approved MOT Testing Station

To become an approved station, your garage must meet the following criteria:

Registered by DVSA as an approved test centre for at least 3 years
Considered a ‘green’ rated garage by DVSA
No links to any Hackney Carriage or Private Hire proprietor or operator licensed by City of Wolverhampton Council


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PostPosted: Tue Feb 01, 2022 5:04 pm 
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Sussex wrote:
The statutes weren't enacted for driver's conveniences, they were enacted for public safety.

Indeed, but if there's nothing wrong in law with a car working in Blackpool being plated by Wolverhampton, and you then take a reasonableness approach the the legislative provisions on testing, then it's surely reasonable to test in Blackpool rather than Wolverhampton?

Like you, I think it's all a nonsense, and you'd have my full support for a judicial review (say), if you wanted to fund it :wink:

But we are where we are, and if cars can work hundreds of miles from where they're plated, then I don't see local testing as being particularly unreasonable.

Sussex wrote:
Having a testing station that is never visited by council officials, and vehicles that are never seen by council officials are not what the legislators envisaged when they passed those acts.

Indeed, but that could happen in Craven (say), if the testing process is contracted out to local garages.

Assuming, of course, that they can find a garage in Craven willing to take the thing on :lol: :oops:

But I'm not really a fan of this kind of contracting out of taxi tests anyway...


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