AN IN-DEPTH ANALYSIS
(MISCELLANEOUS PROVISIONS) ACT 1976 NOT BEING ENFORCED
licensed, in other words, sit out of area and wait for another booking to be dispatched by its operator to be covered by that vehicle.
The fact is that s75 (1) (a) was inserted so far down the Act because clarity was required on where a vehicle can in fact make itself available for work and that this section ensured the localism of the 76 Act was kept in place, which is why s75 of the 76 Act is in fact a saving clause.
Which, as per Lord Simon of Glaisdale stated in Ealing v Race Relations Board 1971 that ‘Saving clauses’ are often included by way of reassurance, for avoidance of doubt or from ‘abundance of caution.’
https://www.casemine.com/judgement/uk/5a8ff8c960 d03e7f57ecd6b4
And this is exactly what s75 (1) (a) is implying, the 76 Act to this point explains who can do what, with what, by whom and where. The section 75 makes it clear and explains the avoidance of doubt that a vehicle can indeed drive anywhere in the country with a paying passenger or his/her goods but cannot make itself available in a district where it is not licensed.
This subject has been clouded by phrases such as “the right to roam”, and “it matters not where the journey starts or ends”. These phrases simply cloud the fact that there is a strict legislative process in place for the invitation, acceptance, and subsequent despatch of the private hire booking, and if you don’t understand this, you can easily be fooled into believing that this act doesn’t apply to new technology.
Quite the opposite.
For example, watch this video of Matt Lewin from Cornerstones Barristers giving his opinion on cross- border hiring:
https://www.youtube.com/watch?v=2z2JHw-O8KA
Notice how he only talks about the journey, and not the operation.
APRIL 2022
Hearing those words, whilst sitting in the public gallery of the Appeal Court in Birmingham, simply confirmed that we were on the right track.
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Notice also that you are not allowed to make a comment on this video as this facility has been turned off.
This is a typical example of the legal advice that is being received by councils, and it’s blatant and an obvious avoidance of the questions regarding where the operator can operate, and where the car can be when that oper- ation process happens.
COMMUNICATION
Justice Gilbart stated at the Milton Keynes vs Skyline case that: “the communication is irrelevant, it can go in the post via Scotland, it matters not, as long as there is a communication”. The same is true for the 76 Act. The actual communication between the customer and the operator is irrelevant, you can use wireless technology, visual technology, you could use a carrier pigeon, semaphore, morse code, a telephone, or an app. All are simply methods of communication.
Once that communication is received by the operator, interestingly at the very same case, MK vs Skyline, Lord Chief Justice Hickingbottom, said this: “the book- ing must be received in the licensed area, it can be received by a person or an entity”.
Obviously with computer technology, and because this was what this particular case was about, this is what he was referring to, so once that booking is received, that is not the end of the process “to operate”. To operate the final part of that process is again to communicate those details to the private hire driver, as in the words “for a private hire vehicle”.
All this must ONLY happen inside the controlled district of the licensing authority. Once this has happened, there is no restriction on where that customer wishes to be collected from or delivered to. The only restriction is where the operator, vehicle and driver are when the operation happens - that is inside the licensed area.
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