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COUNCILS OPERATING ILLEGALLY..... to appear in June 2011 issue Taxi-Today (copyright protected)
Last Post 23/05/2011 09:05 PM by steadfast. 1 Replies.
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Tony

TF MVP

Posts:663


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17/05/2011 09:57 PM  
COUNCILS ACTING ILLEGALLY?

With Cambridge City Council admitting incorrectly issuing TAXI MOTs for 23 years, how sure are YOU that you are driving legally?

As revealed in the May issue of TTT, Cambridge Council have, since 1988, issued completely worthless taxi and private hire compliance certificates or taxi mots, as they are also known. This staggering incompetence occurred as the Council have seemingly remained unaware that the 1988 Road Traffic Act superseded the 1972 Act.

The immediate thought I had was this:-
“What would the Council do to an operator who, quite unintentionally, had failed to keep proper records or failed to renew their insurance for example?” Hmmmm, yes, that`s what I thought too. No Job!!

Having ensured that all local operators have run around for years with invalid insurance, will there be consequences for the clown who is supposed to ensure that the Council maintain legal conditions? Probably not. That would only happen in the real world, out here.

POSSIBLE CONSEQUENCES

So, cab and private hire operators have been operating for many years without a valid mot.

As it is their fault, the Council will let you off. Let`s face it, they can`t really revoke licences, putting people out of work, then face claims for hundreds of thousands of pounds worth of damages from the people from whom they have just revoked those licences!!

But what if some senior police officer decides to get busy and rake in a few thousand easy prosecutions and fines? Remember, the police officer who stops you just wants to see a valid MOT certificate, not hear a sob story that it isn`t your fault but the council`s. Ignorance of the law is no defence in the eyes of the law.

More likely, what about the insurance companies who have paid out many thousands over the years in claims for vehicle and personal damage? Think they might want their money back? With interest? Think they might realize that all those policies were invalid without a valid MOT? This could run into millions!! I foresee a class action from insurers against the council as a distinct possibility. Will they let you off? Will the Council pass the bill on to you if they can? Hmmmmm again, I think so.

ADVICE

Not much advice I`m afraid.
Number 1 piece of advice is to check immediately if your own MOT/COMPLIANCE is valid. If your council makes you bring in an ordinary VT20 (an MOT from a properly qualified MOT examiner, not the council pretend-version) then you are ok. If, on the other hand, they issue their own compliance instead of an MOT, then make sure that this is still valid. Their own taxi test station will need to be licensed as an MOT station by VOSA for this. If it is not, then you are in trouble.

For the Cambridge fraternity, if I were you I`d be writing to the council, informing them that you will be holding them liable for any consequences of their folly.

REMEMBER

These compliances only exist because of the greed and power complexes of local authority officers, who value their little bit of power, and the opportunity to fleece you time and again for maximum MOT fees, maximum re-test fees and comical reasons for fail notices, not seen anywhere in the real motor trade, outside this abusive monopoly.


LET`S PRETEND

Regarding the previous topic, what a strange coincidence for me that this story should break just now.

For I recently discovered, after years of dealing with Sunderland Licensing department, that they too have a pretend MOT station, like so many other councils in the UK. I never realized until recently as most of the cabs I`ve sent there over the years have been brand new, and therefore not requiring an MOT certificate.

This came about by a bizarre circumstance as, unknown to all, between the taxi being prepared for sale and arriving at the council, some (there`s no A in twit) so and so had nicked the spare wheel. I was informed that the vehicle had failed it`s MOT because of this.

As we have a top grade VOSA MOT station here, I was very surprised at this as this is not an MOT fail item.

This was the afternoon before a bank holiday and therefore, as you can imagine, the council officer in question was reluctant to spare me any time. After some discussion (words like VOSA, Chief Exec being bandied about) I did get to speak to the officer who informed me, to my amazement, that the taxi test station is not a VOSA facility and that a separate MOT certificate is required for vehicles over 3 years old. I was then able to inform the officer that this vehicle did indeed have a valid certificate, issued by a competent examiner (ours) and was able to instruct him in the finer points of the MOT regulations.

The serious point here is that this Council, like so many others, are examining vehicles without qualified personnel, are charging the VOSA maximum fee, then when the vehicles are “failed” by this unqualified person, are charging the maximum fee yet again for a re-test.

In other words, THEY ARE PRETENDING TO BE MOT TESTERS IN ORDER TO RIP YOU OFF!! You should write to your local councillor, your MP and the DFT about this.

VOSA are the Government body responsible for vehicle safety and testing for a reason. So that vehicles are examined by responsible, qualified personnel, NOT pretend examiners making up rules as they go along.

It is high time that this practice was stopped.


NO NEWS?
I love the BBC, me.

For when I need to get away from all the trouble in the world:- the wars, the “Freedom Forces” active in the Middle East, political corruption, The IMF, Who Owns The Bank of England? and all that, they are always there with their News Channel, featuring items such as “Why little girls like Pink” (yes really), Why Breast is Best (a perennial favourite of theirs) and any traffic hold up in London being deemed National News.

During the “Girls like pink” item I had finally had enough coffee to move the remote control to other news channels, featuring news such as the war in Libya, Tunisian unrest following the revolution, ditto Egypt, Bahranian suppression of protesters (but they are our pals so we won`t be bombing the King there), Hamas coming to an agreement with their political rivals against Israel, Syrian protests, protests in Germany and many other current stories.

So unfortunately, although you and I pay for the BBC, if you want to know what they don`t want you to know, you have to shop around a bit at Euronews, Russia Today, Al Jazeera and Press TV.

On channel 200 and 201, On the EDGE and Richplanet Starship are no-budget, alternative news shows well worth a look. A bit OTT sometimes but they aren`t in anyone`s pocket.


The above will appear in June 2011 Isue of Taxi-Today. If you have any comments call

Taxi-Today www.taxi-today.com

Tel: 01133 20 27 27

and you wil be directed to the author of the above
steadfast

TF Member

Posts:179


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23/05/2011 09:05 PM  
if a driver was to have been found to have a incorrectly issued MOT what would the council of done ?

1) would they accept liability and take on any fines etc incurred by the taxi owner

2) would they discipline the counci worker responsible

3) would they hold an enquiry that would be open and be seen to be impartial and let members of the public sit in during the enquiry

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