Thursday, January 11, 2018

How Come The Majority Of Our Orgs Aren't Demanding Uber's Full Suspension Under Section 26 (2), PHV Act 1998 by Gerald Coba

What exactly have our trade orgs and unions been doing ?
They seem to have accepted that Uber have the right, under the act of 1998 to carry on regardless!

Have they (the orgs and Unions) not read the act?

Where are these fantastic lawyers we've been promised ? 
What is their very expensive opinion?

It doesn't take a genius to read through the act, and find section 26 (2).

Why is it that only the LCDC have taken up this issue regarding sec 26(2), why are the rest so complacent ?

Let me lay it out for you, section 26 org the act reads:

 Effect of appeal on decision appealed against.

(1)If any decision of the [F1licensing authority] against which a right of appeal is conferred by this Act—

(a)involves the execution of any work or the taking of any action;

(b)makes it unlawful for any person to carry on a business which he was lawfully carrying on at the time of the decision,

the decision shall not take effect until the time for appealing has expired or (where an appeal is brought) until the appeal is disposed of or withdrawn.

This is what we've been led to believe is the legislation laid down by the act and we've been told there's nothing we can do.

But there is a caveat that we are not being told about .... It's in subsection (2).

Effect of appeal on decision appealed against.

(2)This section does not apply in relation to a decision to suspend, vary or revoke a licence if the notice of suspension, variation or revocation directs that, in the interests of public safety, the decision is to have immediate effect.


Isn't this the reason TfL have given for not renewing Uber's operating licence....or are we not being told the full story here?

How come our orgs and Unions are not banging down the doors at Windsor house and Palestra demanding uber be immediately suspended from operations under section 26, subsection (2) of the Private Hire Vehicles Act 1998.

Find out more by phoning your representative org or Union today, and ask them!

1 comment:

Anonymous said...

Unfortunately, TfL told me that this only applies to individuals, not operators?