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Tony
Bradford
TF Post Graduate
Posts:672
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21 Jun 2007 9:58 PM |
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In our March 07 Issue of Taxi-Today we did an article in respect of the issues highlighted by Newcastle licensing department about what they see as cross border hiring. The article can be found and downloaded from http://www.taxi-today.com/PreviousIssues/tabid/202/Default.aspx
it was stated in the article that the only way Newcastle council were going to get satisfaction is to take this issue to court.
the following article below from the Evening chronicle on Friday June 8, 2007 explains the latest developments of the situation.
A battle over cabbies getting cut-price licences in Berwick then plying for trade on Tyneside may end up in court.
Newcastle City Council has condemned the practice and is asking Berwick Council to call a halt or face legal action.
Officials, backed by cabbies' leaders, say they are concerned about public safety because they have no control over the vehicles.
The move also means more cabs are on to the streets of Newcastle in contravention of a restriction on numbers set by the city council.
If the dispute is not settled, the city council is threatening to seek a judicial review, which means the case will be decided by a judge.
Drivers can obtain a hackney carriage or private-hire licence in Berwick for around £125, plus a £57.15 test fee for the vehicle.
In Newcastle, hackney carriage licences cost £318 and private-hire licences £315. Vehicle test costs are on top.
Officials reckon that 62 hackney carriage vehicle proprietors' licences obtained in Berwick have addresses in Newcastle, and another 32 have addresses in North Tyneside.
Newcastle Council claims Berwick is acting unlawfully, wants the practice is stopped and existing licences are revoked.
But Berwick Council says it cannot refuse an application simply because people may then use the licences outside the borough.
Coun Anita Lower, Newcastle's executive member for regulation, said: "We have a lot of concerns about cars and drivers not licensed in Newcastle working in Newcastle. Local residents have a right to expect the standards we've set on matters, such as vehicle checks, are adhered to."
A Berwick Council spokesman said: "In order to licence a person as a driver the council must be satisfied that the person is a fit and proper person and operating outside the borough cannot, in our opinion, make a person unsuitable. All licensed vehicles meet the council's current safety standards."
Another concern is that drivers do not have to take the Newcastle "knowledge" test and some of the cabbies are said to be from Poland with little command of the English language.
Chris Chandler, regional chairman of the National Taxi Association and a member of Newcastle Owner Drivers' Association, said local cabbies back the action being taken by Newcastle Council.
He said the Berwick-licensed cabbies are plying for trade in places such as Newcastle city centre, Whitley Bay and Tynemouth.
"The main concern is one of public safety," said Mr Chandler. "There is a limit on the number of licences issued because surveys show there are sufficient taxis in Newcastle and North Tyneside."
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Tony
Bradford
TF Post Graduate
Posts:672
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21 Jun 2007 9:59 PM |
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GA'S VIEW FROM www.taxi-forum.net YOU CAN FIND IT ON NEWS SECTION under Taxis row may go to court
think there is more to this than meets the eye .................. Berwick upon Tweed plates have been seen working under PH contracts as far away as South Wales.
The fact remains that these vehicles and drivers are working in contravention of their local by-laws ............. and there is no way that they will be caught as Berwick Enforcement don't come to Newcastle and Newcastle enforcement cannot enforce Berwicks by-laws.
It should also be mentioned that it has been suggested that Berwick Council have an approved testing station in Newcastle for their cars working out of area ................. oh and it should also be highlighted that Berwick Council are taking at least £11,750 per year WITHOUT providing any enforcement and therefore incurring costs. (those figures are based on the vehicles licensed in Newcastle and North Tyneside and the licensing fee without vehicle tests. it does not include vehicles working elsewhere or drivers who don't live in either Newcastle or North Tyneside.)
The number of HC vehicles working in an area is irrelevant in this case (as these cars are working PH) however Public Safety is the concern .................. and any council should be able to check the fitness and propriety of anyone working under licence in their area. There should also be a commitment from the issuing authority that they are checking the vehicles and drivers intermittently throughout the year to ensure everything is as it should be ................ after all that's why we pay a licensing fee.
I must say that people who share the opinion of JD and Sussex (amongst others) that councils should have the responsibility removed from them will show this action by Berwick as one that has legal standing and will encourage support towards councils who don't take the responsibility of the licensing function seriously in order to then highlight their shortcomings as a reason to remove responsibility from them.
The public in Newcastle should be assured that if they get into a taxi or PH vehicle in Newcastle that it has been checked and meet the standards of Newcastle City Council ................ as well as the driver of it.
B. Lucky
Join the GMB PDB for real representation at local, regional and national level.
Micks views came courtesy of www.taxi-forum.net |
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www.taxi-today.com
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www.taxiinsurancetrader.com
best place for cheap taxi insurance quotes online
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Squires
TF Guru
Posts:58
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21 Jun 2007 10:06 PM |
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how can Berwick be allowed to open a testing station in Newcastle which surely is outside Berwicks remit of juristiction...............
AS THE WORLD GONE MAD OR WHAT
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allo-allo
TF Guru
Posts:58
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22 Jun 2007 1:36 AM |
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I am in receipt of a letter dated 15/6/07 from Pippa Brown of the DfT concerning the licensing of PHV Operators. It states that the DfT still regard the reasoning in Ditta & Choudrhy v Birmingham to be good law. ie Councils should only license within their own area.
Although this is not about HC, the principle could be seen as persuasive in any court case. |
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urban driver
TF Guru
Posts:95
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22 Jun 2007 7:53 AM |
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the DFT regard the reasoning in the above post to be good law. why doesn't anyone up there use this in court to put a stop to it in that case.
is it true that if you break the law and it goes to court and you are found guilty of breaking the law of which you were accused. you would get a police record by your name and as such it would show on a crb check.
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Denise
TF Regular
Posts:34
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23 Jun 2007 10:05 AM |
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some people say that if you break the guidelines of the highway code such as parking illegally, they talk about it as if you've broken the law, but i understand it that its only a highway regulation that as been breached and thats why you dont get a police record.
so i would imagine thats the same for any other legislation / regulation otherwise it would have to be passed in parliament as a law ?
am i right on this way of thinking or am i just another woman getting involved in things you men think is beyond us ? |
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felix
TF MVP
Posts:174
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24 Jun 2007 1:50 AM |
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| trevor thinks like a woman........ thinks he's always right and theres only one point of view.....his |
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yozza
Barton upon Humber
TF Guru
Posts:73
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24 Jun 2007 4:32 PM |
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is this case below about reading suffering poaching from outside rivals just the same as Berwick going into Newcastle ?
is this something we are going to see more and more of, because of loopholes or each licensing area setting their own legislation in place which is open to abuse.
READING private hire drivers say they are being put out of business by poaching out-of-town rivals.
And they accuse Reading Borough Council of being soft on operators licensed by South Oxfordshire and Wokingham councils who have been working illegally in the town for years.
Manzoor Hussain, 49, who owns Yellow Cars in London Road said: "Our drivers are being pushed out of town with the recent influx of out-of-borough drivers.We are losing our livelihood."
And Bashir Ahmed, 48, chairman of the Reading Private Hire Association, said: "Our private hire drivers and black cab drivers feel they are losing business because of other drivers touting in the area.
"This is unfair and we would like our local authority to look into this issue."
A Hackney carriage can ply for hire in the street or at a rank but private hire vehicles must always be pre-booked.
Reading borough said it is working on the problem with licensing teams from neighbouring authorities.
Spokesman Oscar Mortali said: "Reading regularly carries out sting operations whereby out-of-borough drivers are flagged down and, if they are found to be touting for business, enforcement action is taken.
"That can result in drivers being reported to neighbouring authorities, or indeed prosecution by the council in the courts.
"We have in the past successfully prosecuted such drivers and would have no hesitation in doing so again."
South Oxfordshire District Council spokeswoman Victoria Bucket said: "Reading drivers also tout in Henley and vice-versa. Once they are prosecuted we then review their licence."
And for Wokingham borough, Georgina Hayward said: "The council's licensing officers are aware of some reports of Wokingham drivers operating in the Reading borough, and earlier this month accompanied Reading officers on an enforcement exercise.
"On this occasion the Wokingham borough taxi drivers seen within the borough were dropping fares off,which is perfectly legal."
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