Dear E
ditor...
Having just received a copy of taxi talk issue 199 April 2010 and after reading Bernie May’s article, I fully agree with him on the subject of Suburban drivers (Yellow Badge) ‘Plying for Hire’ outside of their licensed sector(s). I also abhor All London drivers that ‘Ply for Hire’ outside of their sector, the Greater London Area, or as some would call it, the Metropolitan and City Police District, but that is a subject that is never mentioned.
As regards to suburban drivers working outside their sector(s) who subscribe to a radio circuit, what exactly are the legal requirements when carrying out this type of work? As licensed Hackney Carriage drivers, we can legally operate as private hire using our taxicabs. That is the reason that the radio circuits can operate without having to obtain a private hire operator’s (PHO’s) license. But should the radio circuits really have a PHO’s license, as I am reliably being informed that they are now supplying work directly to PHOs.
Private Hire Vehicles (London) Act 1998 CHAPTER 34 states:-
Requirement for London operator’s licence. (1) No person shall in London make provision for the invitation or acceptance of, or accept, private hire bookings unless he is the holder of a private hire vehicle operator’s licence for London (in this Act referred to as a “London PHV operator’s licence”). (2) A person who makes provision for the invitation or acceptance of private hire bookings, or who accepts such a booking, in contravention of this section is guilty of an offence and liable on summary conviction to a
Hirings accepted on behalf of another operator.
London accepted a private hire booking may not arrange for another operator to provide a vehicle to carry out that booking as sub-contractor unless— (a) the other operator is a London PHV operator and the sub-contracted booking is accepted at an operating centre in London; (b) the other operator is licensed under section 55 of the [1976 c. 57.] Local Government (Miscellaneous Provisions) Act 1976 (in this Act referred to as “the 1976 Act”) by the council of a district and the sub- contracted booking is accepted in that district; or (c) the other operator accepts the sub-contracted booking in Scotland.
,
Legal framework of taxi and PHV licensing in the UK states:- Taxis can pick up passengers that have pre-booked without needing a separate PHV licence. Indeed, case law applicable to England and Wales (outside London) suggests that it is not possible for a vehicle that is licensed as a taxi also to be licensed as a PHV, and nor is it possible for a vehicle that is licensed as a PHV also to be licensed as a taxi. This appears
and PHVs according to their characteristic use throughout
particular occasion. Effectively, in England and Wales (outside London), once a vehicle is licensed as a taxi or a PHV, it cannot be used for any leisure purposes and can only be driven by a
makes clear that a licensed taxi will never be a PHV. As a result, a licensed London taxi can carry out private hire bookings without needing a separate PHV vehicle licence. In London, both taxis and PHVs can be used for leisure purposes.
The 37th
In the taxi industry taxi drivers or taxi proprietors themselves often operate the taxi business and there is no separate regime for licensing taxi operators. Nevertheless taxis increasingly carry out private hire work as well as picking up passengers from the street or from ranks. There has been some legal uncertainty as to whether a taxi driver, or any other person that arranges a pre-booked journey in a taxi, needs a separate operator’s licence. The Department for Transport (DfT) takes the view that a taxi driver who takes a pre-booking does not need a separate operator’s licence.
Some licensing districts are divided into zones for taxi purposes (there are no zones for PHVs).
Therefore, the question is, are suburban drivers who are operating a pre-booked service (private hire via a radio circuit) operating illegally within their licensing authorities controlled district, the Metropolitan and City Police District?
A question that neither the Department of Transport, Transport for
Regards Les Hoath
TAXI DRIVER OF THE YEAR CHARITY FUND
`Remembering those less fortunate than ourselves’
Presents Their Annual Dinner Dance On
Saturday 4th December 2010
Taxi Driver of the Year Dinner and Dance will be At
Holiday Inn Kensington Forum 97 Cromwell Road London SW7 4DN
Reception 6.15pm Dinner 6.45pm Cost of tickets--- £62.50 per head
4 course meal and half a bottle of wine per person
It is important to remember with your support The Taxi Driver of the Year Charity Fund is able to give substantial donations to the taxi trade charities that supports them. Don’t be the one to miss one of the great nights out. Come along and join the good food and great company
This event will prove to be an enjoyable and memorable occasion for all. Yours Sincerely
Russell Poluck MBE Hon Chairman
RSVP 05.11.2010 Dress Smart PLEASE MAKE CHEQUE OUT TO: T.D.Y.C.F PLEASE PRINT
NAME........................................................................................................TITLE................... COMPANY (IF APPLICABLE)................................................................................................ ADDRESS.............................................................................................................................. ................................................................................................................................................ ................................................................................................................................................ TEL..................................................EMAIL ADDRESS.......................................................... NUMBER OF TICKETS…....... DIETARY REQUIREMENTS: Veg…......Fish…....Meat.…...
For further information contact: Russell Poluck 07850 056 765 - Tel/fax 020 8952 1357 Registered with the Charities Commission No: 1000761
Please Complete & Return 5 St Brides Avenue
Edgeware Middlesex HA8 6BT
31
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40