Taxis and private hire vehicles – regulation

I have read with interest the reasons for reform with total attention to detail, because as I am going to explain as a Qualified Passenger Transport Manager, the law is the same for what ever size your vehicle is, providing it is used for “Hire or Reward” the same rules apply.

Any vehicle what ever its size, if it is used for “Hire & Reward” in a business venture needs, firstly to comply with the Road Traffic Act 1988 & the amendments in the RTA 1991 Act, then there is the legislation within the 1989 ACT for driving licence reviews.

Now, as we are talking about firstly the 1847 Town Police Clauses Statue in Force Act that relates only to “LOCAL TAXI`S”, that was later incorporated within the Public Health Act 1875 under section 171, to become part of an Act of Parliament for the first time, then let us address the Hackney Carriage “LOCAL TAXI” first.
Now, under section 37 of the 1847 Statues, it states where the “TAXI” can trade and this must be firstly & fore-mostly predominately within its boundaries of the “LOCAL COUNCIL AREA” receiving any hiring request whilst in that “LOCAL COUNCIL AREA”.
Now, under Section 38 states in relation to a “LOCAL TAXI”, any vehicle whatever its construction.
Now, as we should all know & understand at that time this was a Horse & Carriage in 1847, but by the turn of the 1900`s the Motor Car Act 1903 had been introduced for Petrol, Diesel or Electric Motor Vehicles & in 1934 legislation was put on the statue books to introduce a Driving Test for a Motor Vehicle to be a qualified driver of a Motor Vehicle, because until 1937 when the first driving test was undertaken by legislation, the only thing issued was a Steermans Licence under the Town Police Clauses Act 1847 for the Horse & Carriage Driver of a Hackney Carriage Vehicle. After 1937 there was now the need for the 1847 Drivers Licence & the 1937 Motor Vehicle Driving Test to be achieved & you had to have at least 12 months driving experience in a Motor Vehicle to be able to apply for an 1847 Carriage Drivers Licence.
Now, the 1847 Vehicle “TAXI” Plate under section 43 has a 12 months from issue date of the plate to the expiry date of the 1 year Hackney Carriage Licence Plate for the “LOCAL TAXI” vehicle.

Now I turn my attention to the Private Hire Industry, because they are Licensed under a different Act of Parliament called the Local Government (Miscellaneous Provisions) Act 1976.
Now, does everyone understand the meaning of word “LOCAL”, because that is something that David B. Wilson and his friends seem to want everyone including Parliament to forget all about, but Parliament cannot forget what “LOCAL” means.
Now, under the “LOCAL” 1976 Act section 46 states quite clearly in sub-section 46(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″, this of course means a private hire drivers licence & incorporates the Section 54 Badge issue as well.
Now, Section 46 (d) states “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”
Now, that quite simply means that any Section 48 private hire “VEHICLE” must have a Section 55 “OPERATOR LICENCE” with the “Proprietor(s)” being stated in the Section 55 Licence, as to whom that refers to under the 1976 Act.

Now, a pre-requisite of any Section 55 “Operator Licence” is the requirement to establish with planning & highways at the “LOCAL COUNCIL”, the building/site that is to be the the operating premises for such a “Hire or Reward” vehicle operation, complies with current legislation for the building & off-street parking of the full fleet, of what ever vehicles the Section 55 Applicant(s)/Proprietor(s) wish to trade with at all times, not just a shift pattern, but all times just like for example; Haulage or Bus Companies who are “Hire & Reward” Operator Licence Holders for all sizes of vehicles within their fleets.

Now, David B. Wilson and friends should be very careful about what they are trying to achieve because Parliament is not stupid, there Solicitors are Barristers & Law Lords who read and understand 100% the Local Acts and what may just happen is the Section 46(c) about “EMPLOY” may just be closely looked at and the end result could be that “Drivers” are employees who require National Minimum Wage, 28 Days Paid Holiday a year, Employer National Insurance Contributions, Pension Rights, and the big one VAT to be applied to all Private Hire Fares.

I am not trying to scare monger, here, just bringing the law to every ones attention, about the damage David B. Wilson can be causing for all you Private Hire Operator Licence Proprietors, because Parliament does not look likely to me, to change the law so Parliament lose out on so much revenue that is needed to run the county.

BEWARE!
Think very carefully before you support David B. Wilson and his plans for change in our Two-Tier System of Hackney Carriage Local Taxis with Drivers & the Private Hire Local Vehicles & Drivers.

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