• Car insurance

    From The Todal@21:1/5 to All on Thu Jan 4 17:23:52 2024
    Apologies to anyone who thinks this is off topic. I think it's a
    law-related topic.

    I noticed that my latest car insurance premium is hundreds of pounds
    higher than for the previous year, though I have no convictions and the
    maximum no claims bonus.

    I believe that motor insurers are not allowed to offer lower rates to
    new customers than they would offer to existing customers - so that
    means if they want to increase their price they must do so for everyone.

    I have found it unacceptable to renew with the existing insurer for the
    last 4 years - I have used the usual price comparison websites (eg the
    one with the irritating meerkats) and have always found lower premiums available, so have switched to that insurer but the following year the
    price always goes up by a large amount. But then other insurers who
    previously quoted high premiums are quoting much lower premiums than
    before. Thus, I have a different insurer each year and I don't see any disadvantage in doing so.

    Is this some sort of scam that ought to be investigated by the
    Competition and Markets Authority? An agreement between insurers to take
    it in turns to quote low and to quote high, relying on customer inertia
    to renew rather than get new quotes every year? Presumably more people
    pay the higher premium than switch to a different insurer?

    As a matter of interest has anyone here found it possible to stay with
    the same motor insurer for 5 years or more and did that mean knowingly
    ignoring cheaper quotes?

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  • From Andy Burns@21:1/5 to The Todal on Thu Jan 4 17:40:24 2024
    The Todal wrote:

    I believe that motor insurers are not allowed to offer lower rates to
    new customers than they would offer to existing customers

    I believe *any* difference when you ask for a quote, such as a different
    start date, or different estimated annual mileage, makes you a "new"
    customer rather than a renewal for an existing customer?

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  • From pensive hamster@21:1/5 to Andy Burns on Thu Jan 4 10:08:16 2024
    On Thursday, January 4, 2024 at 5:50:33 PM UTC, Andy Burns wrote:
    The Todal wrote:

    I believe that motor insurers are not allowed to offer lower rates to
    new customers than they would offer to existing customers

    I believe *any* difference when you ask for a quote, such as a different start date, or different estimated annual mileage, makes you a "new"
    customer rather than a renewal for an existing customer?

    There are some Financial Conduct Authority (FCA) rules about this,
    which I believe came into effect in Jan 2022. How much legal force
    they have, I'm not sure.

    ----------------- https://www.theguardian.com/business/2023/sep/01/direct-line-to-pay-30m-to-overcharged-car-and-home-insurance-customers
    1 Sep 2023
    'Direct Line to pay £30m to overcharged car and home insurance
    customers

    'Company breached rules that state existing policyholders should not
    be charged more than new ones'
    -----------------

    Which? magazine has been on the case as well:

    https://www.which.co.uk/news/article/are-you-still-paying-the-loyalty-penalty-for-insurance-a7InK7O2ioKh
    Updated: 31 Aug 2022
    'Are you still paying the 'loyalty penalty' for insurance?'

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  • From Andy Burns@21:1/5 to pensive hamster on Thu Jan 4 18:23:47 2024
    pensive hamster wrote:

    Andy Burns wrote:

    The Todal wrote:

    I believe that motor insurers are not allowed to offer lower rates to
    new customers than they would offer to existing customers

    I believe *any* difference when you ask for a quote, such as a different
    start date, or different estimated annual mileage, makes you a "new"
    customer rather than a renewal for an existing customer?

    There are some Financial Conduct Authority (FCA) rules about this,
    which I believe came into effect in Jan 2022. How much legal force
    they have, I'm not sure.

    I queried how my provider could quote me a lower price online as a new
    policy than their renewal offer after those new rules had come into
    force, and that's what they told me ..

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  • From GB@21:1/5 to Jeff Layman on Thu Jan 4 21:00:43 2024
    On 04/01/2024 20:12, Jeff Layman wrote:

    Looks like I paid through the nose for the first two renewals, but since
    then it doesn't look bad (14% increase from 2017 to 2023). According to <https://www.bankofengland.co.uk/monetary-policy/inflation/inflation-calculator>, £314 in 2017 should be £400 in November 2023. However, £217 in 2015 should be £286 in November 2023. But has car policy inflation been the same as general inflation?



    Insurance tends to be cyclical. Premiums go down, so insurers leave the
    market. Fewer insurers means less competition, so premiums go up. That
    attracts new insurers to the market, and premiums go down ...

    Given the cyclicity, it would be a complete fluke if motor insurance
    premium inflation turned out to be the same as general price inflation
    over a particular period.

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  • From Jeff Layman@21:1/5 to The Todal on Thu Jan 4 20:12:56 2024
    On 04/01/2024 17:23, The Todal wrote:
    Apologies to anyone who thinks this is off topic. I think it's a
    law-related topic.

    I noticed that my latest car insurance premium is hundreds of pounds
    higher than for the previous year, though I have no convictions and the maximum no claims bonus.

    I believe that motor insurers are not allowed to offer lower rates to
    new customers than they would offer to existing customers - so that
    means if they want to increase their price they must do so for everyone.

    I have found it unacceptable to renew with the existing insurer for the
    last 4 years - I have used the usual price comparison websites (eg the
    one with the irritating meerkats) and have always found lower premiums available, so have switched to that insurer but the following year the
    price always goes up by a large amount. But then other insurers who previously quoted high premiums are quoting much lower premiums than
    before. Thus, I have a different insurer each year and I don't see any disadvantage in doing so.

    Is this some sort of scam that ought to be investigated by the
    Competition and Markets Authority? An agreement between insurers to take
    it in turns to quote low and to quote high, relying on customer inertia
    to renew rather than get new quotes every year? Presumably more people
    pay the higher premium than switch to a different insurer?

    As a matter of interest has anyone here found it possible to stay with
    the same motor insurer for 5 years or more and did that mean knowingly ignoring cheaper quotes?

    I'm one of those who can't be bothered to shop around. However, as I
    have buildings and contents with the same insurer as the car, I am
    /told/ there is a discount (I am rather stuck with buildings insurance
    as my house was underpinned due to subsidence almost 30 years ago, and
    most insurers won't even quote). FWIW, here are the fully comp figures
    for the same car (Honda Jazz, new in 2015) at the same address for 9
    years, and with no claims made (period starts every December):
    2015 217.20
    2016 270.52
    2017 314.19
    2018 308.85
    2019 304.46
    2020 321.38
    2021 322.77
    2022 354.00
    2023 358.22

    Looks like I paid through the nose for the first two renewals, but since
    then it doesn't look bad (14% increase from 2017 to 2023). According to <https://www.bankofengland.co.uk/monetary-policy/inflation/inflation-calculator>,
    £314 in 2017 should be £400 in November 2023. However, £217 in 2015
    should be £286 in November 2023. But has car policy inflation been the
    same as general inflation?

    --

    Jeff

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  • From Tim Jackson@21:1/5 to All on Fri Jan 5 00:57:42 2024
    On Thu, 4 Jan 2024 18:23:47 +0000, Andy Burns wrote...

    pensive hamster wrote:

    Andy Burns wrote:

    The Todal wrote:

    I believe that motor insurers are not allowed to offer lower rates to
    new customers than they would offer to existing customers

    I believe *any* difference when you ask for a quote, such as a different >> start date, or different estimated annual mileage, makes you a "new"
    customer rather than a renewal for an existing customer?

    There are some Financial Conduct Authority (FCA) rules about this,
    which I believe came into effect in Jan 2022. How much legal force
    they have, I'm not sure.

    I queried how my provider could quote me a lower price online as a new
    policy than their renewal offer after those new rules had come into
    force, and that's what they told me ..

    I had a similar experience after the new rules came into effect. They
    told me that my existing policy was no longer available to new
    customers, and the online policy was different. I compared them
    carefully and could see no difference apart from the premium.

    --
    Tim Jackson
    news@timjackson.invalid
    (Change '.invalid' to '.plus.com' to reply direct)

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  • From Jethro_uk@21:1/5 to Tim Jackson on Fri Jan 5 12:59:05 2024
    On Fri, 05 Jan 2024 00:57:42 +0000, Tim Jackson wrote:

    On Thu, 4 Jan 2024 18:23:47 +0000, Andy Burns wrote...

    pensive hamster wrote:

    Andy Burns wrote:

    The Todal wrote:

    I believe that motor insurers are not allowed to offer lower rates
    to new customers than they would offer to existing customers

    I believe *any* difference when you ask for a quote, such as a
    different start date, or different estimated annual mileage, makes
    you a "new" customer rather than a renewal for an existing customer?

    There are some Financial Conduct Authority (FCA) rules about this,
    which I believe came into effect in Jan 2022. How much legal force
    they have, I'm not sure.

    I queried how my provider could quote me a lower price online as a new
    policy than their renewal offer after those new rules had come into
    force, and that's what they told me ..

    I had a similar experience after the new rules came into effect. They
    told me that my existing policy was no longer available to new
    customers, and the online policy was different. I compared them
    carefully and could see no difference apart from the premium.

    That's almost a philosophical problem.

    "A difference that makes no difference is no difference"

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  • From Peter Johnson@21:1/5 to All on Fri Jan 5 16:19:25 2024
    On Thu, 4 Jan 2024 17:23:52 +0000, The Todal <the_todal@icloud.com>
    wrote:

    Apologies to anyone who thinks this is off topic. I think it's a
    law-related topic.

    I noticed that my latest car insurance premium is hundreds of pounds
    higher than for the previous year, though I have no convictions and the >maximum no claims bonus.

    I was with Tesco for several years. They treated me well when I needed
    to make a claim and the increases each year weren't enough to put the
    effort into getting a lower price.
    But this year they wanted to increase last year's 800 to 1,600+.
    When I phoned, the answering machine said that premiums were
    increasing because there were more claims and repairs were more
    expensive. The person I spoke to said that I could probably reduce the
    price if I added another driver to the policy, even it they didn't
    drive the car and weren't a member of the same household. I couldn't
    see that making 800 difference so I used a comparison website and
    gave my business to Marks & Spencer (for about 800) because I wanted
    a name that I recognised, even though I'm actually with a broker who's
    fronting for M&S.
    When my contents/buildings policy, also with Tesco, came up for
    renewal a month later that price had also about doubled. I didn't
    waste any time phoning, used the price comparison site to find a new
    policy for slightly less than I paid last year.

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  • From Colin Bignell@21:1/5 to The Todal on Fri Jan 5 21:13:31 2024
    On 04/01/2024 17:23, The Todal wrote:
    ....
    As a matter of interest has anyone here found it possible to stay with
    the same motor insurer for 5 years or more

    Yes, but not recently. About four years ago my broker recommended a
    change and another change a couple of years after that.

    and did that mean knowingly
    ignoring cheaper quotes?

    My broker assures me that they look for the best prices at every renewal.

    --
    Colin Bignell

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  • From Sam Plusnet@21:1/5 to Colin Bignell on Sat Jan 6 21:06:50 2024
    On 05-Jan-24 21:13, Colin Bignell wrote:
    On 04/01/2024 17:23, The Todal wrote:
    ....
    As a matter of interest has anyone here found it possible to stay with
    the same motor insurer for 5 years or more

    Yes, but not recently. About four years ago my broker recommended a
    change and another change a couple of years after that.

    and did that mean knowingly ignoring cheaper quotes?

    My broker assures me that they look for the best prices at every renewal.

    Does your broker examine the fine details of what each insurance
    actually covers and (more importantly) what it limits or leaves out?

    That's something those comparison websites seem to ignore.

    --
    Sam Plusnet

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  • From Sam Plusnet@21:1/5 to Peter Johnson on Sat Jan 6 21:03:36 2024
    On 05-Jan-24 16:19, Peter Johnson wrote:
    On Thu, 4 Jan 2024 17:23:52 +0000, The Todal <the_todal@icloud.com>
    wrote:

    Apologies to anyone who thinks this is off topic. I think it's a
    law-related topic.

    I noticed that my latest car insurance premium is hundreds of pounds
    higher than for the previous year, though I have no convictions and the
    maximum no claims bonus.

    I was with Tesco for several years. They treated me well when I needed
    to make a claim and the increases each year weren't enough to put the
    effort into getting a lower price.
    But this year they wanted to increase last year's £800 to £1,600+.
    When I phoned, the answering machine said that premiums were
    increasing because there were more claims and repairs were more
    expensive. The person I spoke to said that I could probably reduce the
    price if I added another driver to the policy, even it they didn't
    drive the car and weren't a member of the same household. I couldn't
    see that making £800 difference so I used a comparison website and
    gave my business to Marks & Spencer (for about £800) because I wanted
    a name that I recognised, even though I'm actually with a broker who's fronting for M&S.
    When my contents/buildings policy, also with Tesco, came up for
    renewal a month later that price had also about doubled. I didn't
    waste any time phoning, used the price comparison site to find a new
    policy for slightly less than I paid last year.

    Leaving your broker on one side, isn't M&S in turn acting as a 'front'
    for someone else? <checks google>

    "M&S Bank's car insurance policies are arranged and administered by BISL
    Ltd using a panel of more than 10 insurers including Ageas, Allianz,
    Aviva, Covea, LV=, Sabre, Zenith, and Zurich. The specific insurer
    underwriting your policy will be displayed on your policy documents."

    Life gets more complicated every year.

    --
    Sam Plusnet

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  • From Colin Bignell@21:1/5 to Sam Plusnet on Sun Jan 7 09:55:29 2024
    On 06/01/2024 21:06, Sam Plusnet wrote:
    On 05-Jan-24 21:13, Colin Bignell wrote:
    On 04/01/2024 17:23, The Todal wrote:
    ....
    As a matter of interest has anyone here found it possible to stay
    with the same motor insurer for 5 years or more

    Yes, but not recently. About four years ago my broker recommended a
    change and another change a couple of years after that.

    and did that mean knowingly ignoring cheaper quotes?

    My broker assures me that they look for the best prices at every renewal.

    Does your broker examine the fine details of what each insurance
    actually covers and (more importantly) what it limits or leaves out?

    They certainly claim to and, when they suggest a change, the details
    given in the renewal letter suggests that they do.

    That's something those comparison websites seem to ignore.

    I suspect they use similar software, but with the addition of an
    experienced human to review results. My broker at the firm has been
    dealing with my car insurance for many years. When I still ran a
    business, the same firm, but a different broker, used to deal with the insurances for my business.

    --
    Colin Bignell

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  • From Roland Perry@21:1/5 to All on Sun Jan 7 11:14:53 2024
    In message <kvo7t8FcnjiU1@mid.individual.net>, at 17:23:52 on Thu, 4 Jan
    2024, The Todal <the_todal@icloud.com> remarked:

    As a matter of interest has anyone here found it possible to stay with
    the same motor insurer for 5 years or more and did that mean knowingly >ignoring cheaper quotes?

    In the past I've stayed with one or other same-insurer for many years.
    To some extent because the premium was much the same or lower, I have
    better things to do with my time. The irritating red telephone (which I
    don't think features on price comparison sites) for example.

    Towards the end of last year my renewal premium [with someone else] went
    up a massive amount (like 30+% I think) so SWMBO did some shopping
    around and declared it was still competitive. So I stayed. To complicate things, soon after I changed vehicles to a newer example of broadly the
    same, and I don't recall the new premium changing enough to make it
    worth considering cancelling mid-year and re-quoting.
    --
    Roland Perry

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  • From Roland Perry@21:1/5 to All on Sun Jan 7 12:16:50 2024
    In message <kvom67Fgb5vU1@mid.individual.net>, at 21:27:33 on Thu, 4 Jan
    2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    The magic phrase to plug into Google (or another search engine of your >choosing) is GIPP (General Insurance Pricing Practices).

    This is a system created and monitored by the FCA following
    consultation with relevant stakeholders. Insurers have to make annual >returns to the FCA to prove they are complying.

    It essentially says that renewal quote proffered to existing customers
    must be the same as the "Equivalent New Business Price" (ENBP), i.e.
    the price proffered to a new customer in precisely the same
    circumstances as the existing policyholder.

    However, there are a number of caveats. For example, it is only for >"consumer" policies. So if you have 'business use' on *any* vehicle on
    the policy, GIPP doesn't apply.

    That's interesting, I think I might still have "business use" on my car
    because although I finally retired from the job just before Xmas the
    employer insisted I had it, just in case when triggering their "you must
    be prepared to work anywhere at any time, if we have a crisis" clause in
    the employment contract it would involve me driving during work hours
    from one of their locations to another (rather than walking or getting
    the largely non-existent bus).

    They also separately recently introduced a new "Health and Safety"
    element to the organisation's transport policy that if I were to break
    down while undergoing a shuttle like that, I MUST NOT attempt to fix it
    myself at the roadside, but sit there awaiting a professional repair
    service such as AA/RAC.

    It did vaguely cross my mind that perhaps I should have put the cost of obtaining the latter on my expenses, and now maybe even have put this
    extra cost of basic insurance on as well. ie Not just the extra cost of
    the 'business use' itself, but the cost of the policy not being covered
    by GIPP.

    Ditto for landlords and property insurance as they're not classed as >"consumer" policies.

    --
    Roland Perry

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  • From Fredxx@21:1/5 to Roland Perry on Sun Jan 7 13:40:29 2024
    On 07/01/2024 12:16, Roland Perry wrote:
    In message <kvom67Fgb5vU1@mid.individual.net>, at 21:27:33 on Thu, 4 Jan 2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    The magic phrase to plug into Google (or another search engine of your
    choosing) is GIPP (General Insurance Pricing Practices).

    This is a system created and monitored by the FCA following
    consultation with relevant stakeholders.  Insurers have to make annual
    returns to the FCA to prove they are complying.

    It essentially says that renewal quote proffered to existing customers
    must be the same as the "Equivalent New Business Price" (ENBP), i.e.
    the price proffered to a new customer in precisely the same
    circumstances as the existing policyholder.

    However, there are a number of caveats.  For example, it is only for
    "consumer" policies.  So if you have 'business use' on *any* vehicle
    on the policy, GIPP doesn't apply.

    That's interesting, I think I might still have "business use" on my car because although I finally retired from the job just before Xmas the
    employer insisted I had it, just in case when triggering their "you must
    be prepared to work anywhere at any time, if we have a crisis" clause in
    the employment contract it would involve me driving during work hours
    from one of their locations to another (rather than walking or getting
    the largely non-existent bus).

    They also separately recently introduced a new "Health and Safety"
    element to the organisation's transport policy that if I were to break
    down while undergoing a shuttle like that, I MUST NOT attempt to fix it myself at the roadside, but sit there awaiting a professional repair
    service such as AA/RAC.

    It did vaguely cross my mind that perhaps I should have put the cost of obtaining the latter on my expenses, and now maybe even have put this
    extra cost of basic insurance on as well. ie Not just the extra cost of
    the 'business use' itself, but the cost of the policy not being covered
    by GIPP.

    But that would hardly be an expense exclusively for work, unless you
    kept two policies?

    The alternative would be paying a call-out fee that some services offer
    that you could then claim back. I still think there could be a benefit
    in kind?

    Ditto for landlords and property insurance as they're not classed as
    "consumer" policies.


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  • From Andy Burns@21:1/5 to Simon Parker on Sun Jan 7 13:17:25 2024
    Simon Parker wrote:

    The Todal wrote:

    I believe that motor insurers are not allowed to offer lower rates to
    new customers than they would offer to existing customers

    Correct.  The magic phrase to plug into Google (or another search engine
    of your choosing) is GIPP (General Insurance Pricing Practices). [...]
    if you have 'business use' on *any* vehicle on
    the policy, GIPP doesn't apply.

    ok, that applies in the case I mentioned before.

    I'm in the third year on the multi-car with the same insurer (LV=).

    I've been with them since 2018, not due for renewal for a couple of
    months so don't have a renewal offer yet, but having checked the
    meerkats, looks like LV= might be a long way down the list and Halifax
    as the likely replacement £50 higher than the current £420 premium.

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  • From Fredxx@21:1/5 to Simon Parker on Sun Jan 7 16:24:37 2024
    On 07/01/2024 15:27, Simon Parker wrote:
    On 05/01/2024 00:57, Tim Jackson wrote:
    On Thu, 4 Jan 2024 18:23:47 +0000, Andy Burns wrote...

    pensive hamster wrote:

    Andy Burns wrote:

    The Todal wrote:

    I believe that motor insurers are not allowed to offer lower rates to >>>>>> new customers than they would offer to existing customers

    I believe *any* difference when you ask for a quote, such as a
    different
    start date, or different estimated annual mileage, makes you a "new" >>>>> customer rather than a renewal for an existing customer?

    There are some Financial Conduct Authority (FCA) rules about this,
    which I believe came into effect in Jan 2022.  How much legal force
    they have, I'm not sure.

    I queried how my provider could quote me a lower price online as a new
    policy than their renewal offer after those new rules had come into
    force, and that's what they told me ..

    I had a similar experience after the new rules came into effect.  They
    told me that my existing policy was no longer available to new
    customers, and the online policy was different.  I compared them
    carefully and could see no difference apart from the premium.

    Should that happen again, I'd recommend informing the insurer that you
    wish to make a formal complaint as they seem to be flouting GIPP so can
    they please transfer the call to the complaints handling team.

    I don't see how? I have a business bank account with rates I can now
    longer get. Why should insurance be treated differently. I'm sure they
    will say the the new policy cover is different, perhaps with a few more exclusion clauses.

    The insurer has to report to the FCA that you've complained and the FCA
    can (and do!) investigate if they feel it necessary.

    Where there's a will, there is always going to be a way.

    Many rules are introduced by government that advantage no one apart from
    the politicians themselves.

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  • From Fredxx@21:1/5 to Simon Parker on Sun Jan 7 21:35:15 2024
    On 07/01/2024 20:03, Simon Parker wrote:
    On 07/01/2024 13:40, Fredxx wrote:
    On 07/01/2024 12:16, Roland Perry wrote:
    In message <kvom67Fgb5vU1@mid.individual.net>, at 21:27:33 on Thu, 4
    Jan 2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    The magic phrase to plug into Google (or another search engine of
    your choosing) is GIPP (General Insurance Pricing Practices).

    This is a system created and monitored by the FCA following
    consultation with relevant stakeholders.  Insurers have to make
    annual returns to the FCA to prove they are complying.

    It essentially says that renewal quote proffered to existing
    customers must be the same as the "Equivalent New Business Price"
    (ENBP), i.e. the price proffered to a new customer in precisely the
    same circumstances as the existing policyholder.

    However, there are a number of caveats.  For example, it is only for
    "consumer" policies.  So if you have 'business use' on *any* vehicle
    on the policy, GIPP doesn't apply.

    That's interesting, I think I might still have "business use" on my
    car because although I finally retired from the job just before Xmas
    the employer insisted I had it, just in case when triggering their
    "you must be prepared to work anywhere at any time, if we have a
    crisis" clause in the employment contract it would involve me driving
    during work hours from one of their locations to another (rather than
    walking or getting the largely non-existent bus).

    They also separately recently introduced a new "Health and Safety"
    element to the organisation's transport policy that if I were to
    break down while undergoing a shuttle like that, I MUST NOT attempt
    to fix it myself at the roadside, but sit there awaiting a
    professional repair service such as AA/RAC.

    It did vaguely cross my mind that perhaps I should have put the cost
    of obtaining the latter on my expenses, and now maybe even have put
    this extra cost of basic insurance on as well. ie Not just the extra
    cost of the 'business use' itself, but the cost of the policy not
    being covered by GIPP.

    But that would hardly be an expense exclusively for work, unless you
    kept two policies?

    Yes it would because he'd (technically) need a "Fleet Policy" which is classed as a business expense.  Please feel free to ask HMRC if you
    don't believe me, but I can save you the time and trouble as I have
    asked them in the past.  (For the self-employed, they include "breakdown cover on a vehicle as an allowable expense here: https://www.gov.uk/expenses-if-youre-self-employed/travel)

    I am aware that expenses can be proportionate for the self-employed.
    However, unless I'm mistaken, Rowland was employed and there are a
    completely different set of rules.

    The alternative would be paying a call-out fee that some services
    offer that you could then claim back. I still think there could be a
    benefit in kind?

    Respectfully, HMRC disagree with you and I accept their guidance in
    response to a formal request to be more authoritative that posts in this
    NG. :-)

    The same argument as above.

    For the employed:

    https://www.gov.uk/hmrc-internal-manuals/employment-income-manual/eim31660

    I'm sure Ann Mallalieu might agree?

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  • From Norman Wells@21:1/5 to Simon Parker on Sun Jan 7 21:29:22 2024
    On 07/01/2024 19:49, Simon Parker wrote:
    On 07/01/2024 12:16, Roland Perry wrote:
    In message <kvom67Fgb5vU1@mid.individual.net>, at 21:27:33 on Thu, 4
    Jan 2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    The magic phrase to plug into Google (or another search engine of
    your choosing) is GIPP (General Insurance Pricing Practices).

    This is a system created and monitored by the FCA following
    consultation with relevant stakeholders.  Insurers have to make
    annual returns to the FCA to prove they are complying.

    It essentially says that renewal quote proffered to existing
    customers must be the same as the "Equivalent New Business Price"
    (ENBP), i.e. the price proffered to a new customer in precisely the
    same circumstances as the existing policyholder.

    However, there are a number of caveats.  For example, it is only for
    "consumer" policies.  So if you have 'business use' on *any* vehicle
    on the policy, GIPP doesn't apply.

    That's interesting, I think I might still have "business use" on my
    car because although I finally retired from the job just before Xmas
    the employer insisted I had it, just in case when triggering their
    "you must be prepared to work anywhere at any time, if we have a
    crisis" clause in the employment contract it would involve me driving
    during work hours from one of their locations to another (rather than
    walking or getting the largely non-existent bus).

    I recommend checking the class of insurance cover you have.

    Social, Domestic and Pleasure *DOES NOT* cover travel to and from work,

    Generally, it does. For example:

    "Social, domestic, and pleasure (SD&P) refers to an insurance policy
    that permits personal trips in your car. It includes cover for everyday activities such as driving to the shops, visiting family, or commuting
    between home and work".

    https://www.lv.com/car-insurance/for-car-insurance-what-is-our-definition-of-social-domestic-and-pleasure-including-commuting

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  • From Roger Hayter@21:1/5 to Norman Wells on Mon Jan 8 00:03:52 2024
    On 7 Jan 2024 at 21:29:22 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 07/01/2024 19:49, Simon Parker wrote:
    On 07/01/2024 12:16, Roland Perry wrote:
    In message <kvom67Fgb5vU1@mid.individual.net>, at 21:27:33 on Thu, 4
    Jan 2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    The magic phrase to plug into Google (or another search engine of
    your choosing) is GIPP (General Insurance Pricing Practices).

    This is a system created and monitored by the FCA following
    consultation with relevant stakeholders. Insurers have to make
    annual returns to the FCA to prove they are complying.

    It essentially says that renewal quote proffered to existing
    customers must be the same as the "Equivalent New Business Price"
    (ENBP), i.e. the price proffered to a new customer in precisely the
    same circumstances as the existing policyholder.

    However, there are a number of caveats. For example, it is only for
    "consumer" policies. So if you have 'business use' on *any* vehicle
    on the policy, GIPP doesn't apply.

    That's interesting, I think I might still have "business use" on my
    car because although I finally retired from the job just before Xmas
    the employer insisted I had it, just in case when triggering their
    "you must be prepared to work anywhere at any time, if we have a
    crisis" clause in the employment contract it would involve me driving
    during work hours from one of their locations to another (rather than
    walking or getting the largely non-existent bus).

    I recommend checking the class of insurance cover you have.

    Social, Domestic and Pleasure *DOES NOT* cover travel to and from work,

    Generally, it does. For example:

    "Social, domestic, and pleasure (SD&P) refers to an insurance policy
    that permits personal trips in your car. It includes cover for everyday activities such as driving to the shops, visiting family, or commuting between home and work".

    https://www.lv.com/car-insurance/for-car-insurance-what-is-our-definition-of-social-domestic-and-pleasure-including-commuting

    Comparethemarket whatever clearly does not think that this is true of all
    motor insurance policies.

    https://www.comparethemarket.com/car-insurance/content/classes-of-use-and-car-insurance/

    It would be as well to check the particular policy. But even if it needs specifying commuting cover is not necessarily more expensive, otherwise LV wouldn't be throwing it in free, for their clients.


    --
    Roger Hayter

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  • From JNugent@21:1/5 to Simon Parker on Sun Jan 7 22:41:55 2024
    On 07/01/2024 08:03 pm, Simon Parker wrote:
    On 07/01/2024 13:40, Fredxx wrote:
    On 07/01/2024 12:16, Roland Perry wrote:
    In message <kvom67Fgb5vU1@mid.individual.net>, at 21:27:33 on Thu, 4
    Jan 2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    The magic phrase to plug into Google (or another search engine of
    your choosing) is GIPP (General Insurance Pricing Practices).

    This is a system created and monitored by the FCA following
    consultation with relevant stakeholders.  Insurers have to make
    annual returns to the FCA to prove they are complying.

    It essentially says that renewal quote proffered to existing
    customers must be the same as the "Equivalent New Business Price"
    (ENBP), i.e. the price proffered to a new customer in precisely the
    same circumstances as the existing policyholder.

    However, there are a number of caveats.  For example, it is only for
    "consumer" policies.  So if you have 'business use' on *any* vehicle
    on the policy, GIPP doesn't apply.

    That's interesting, I think I might still have "business use" on my
    car because although I finally retired from the job just before Xmas
    the employer insisted I had it, just in case when triggering their
    "you must be prepared to work anywhere at any time, if we have a
    crisis" clause in the employment contract it would involve me driving
    during work hours from one of their locations to another (rather than
    walking or getting the largely non-existent bus).

    They also separately recently introduced a new "Health and Safety"
    element to the organisation's transport policy that if I were to
    break down while undergoing a shuttle like that, I MUST NOT attempt
    to fix it myself at the roadside, but sit there awaiting a
    professional repair service such as AA/RAC.

    It did vaguely cross my mind that perhaps I should have put the cost
    of obtaining the latter on my expenses, and now maybe even have put
    this extra cost of basic insurance on as well. ie Not just the extra
    cost of the 'business use' itself, but the cost of the policy not
    being covered by GIPP.

    But that would hardly be an expense exclusively for work, unless you
    kept two policies?

    Yes it would because he'd (technically) need a "Fleet Policy" which is classed as a business expense.  Please feel free to ask HMRC if you
    don't believe me, but I can save you the time and trouble as I have
    asked them in the past.  (For the self-employed, they include "breakdown cover on a vehicle as an allowable expense here: https://www.gov.uk/expenses-if-youre-self-employed/travel)

    I used to prefer to just claim the 45p a mile for business miles, which
    would cover fuel and a proportion of insurance, road tax, servicing,
    repairs and spares.

    Far less messing about.

    The alternative would be paying a call-out fee that some services
    offer that you could then claim back. I still think there could be a
    benefit in kind?

    Why bovver?

    Respectfully, HMRC disagree with you and I accept their guidance in
    response to a formal request to be more authoritative that posts in this
    NG. :-)

    Regards

    S.P.


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  • From Fredxx@21:1/5 to JNugent on Mon Jan 8 00:14:00 2024
    On 07/01/2024 22:41, JNugent wrote:
    On 07/01/2024 08:03 pm, Simon Parker wrote:
    On 07/01/2024 13:40, Fredxx wrote:
    On 07/01/2024 12:16, Roland Perry wrote:
    In message <kvom67Fgb5vU1@mid.individual.net>, at 21:27:33 on Thu, 4
    Jan 2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    The magic phrase to plug into Google (or another search engine of
    your choosing) is GIPP (General Insurance Pricing Practices).

    This is a system created and monitored by the FCA following
    consultation with relevant stakeholders.  Insurers have to make
    annual returns to the FCA to prove they are complying.

    It essentially says that renewal quote proffered to existing
    customers must be the same as the "Equivalent New Business Price"
    (ENBP), i.e. the price proffered to a new customer in precisely the
    same circumstances as the existing policyholder.

    However, there are a number of caveats.  For example, it is only
    for "consumer" policies.  So if you have 'business use' on *any*
    vehicle on the policy, GIPP doesn't apply.

    That's interesting, I think I might still have "business use" on my
    car because although I finally retired from the job just before Xmas
    the employer insisted I had it, just in case when triggering their
    "you must be prepared to work anywhere at any time, if we have a
    crisis" clause in the employment contract it would involve me
    driving during work hours from one of their locations to another
    (rather than walking or getting the largely non-existent bus).

    They also separately recently introduced a new "Health and Safety"
    element to the organisation's transport policy that if I were to
    break down while undergoing a shuttle like that, I MUST NOT attempt
    to fix it myself at the roadside, but sit there awaiting a
    professional repair service such as AA/RAC.

    It did vaguely cross my mind that perhaps I should have put the cost
    of obtaining the latter on my expenses, and now maybe even have put
    this extra cost of basic insurance on as well. ie Not just the extra
    cost of the 'business use' itself, but the cost of the policy not
    being covered by GIPP.

    But that would hardly be an expense exclusively for work, unless you
    kept two policies?

    Yes it would because he'd (technically) need a "Fleet Policy" which is
    classed as a business expense.  Please feel free to ask HMRC if you
    don't believe me, but I can save you the time and trouble as I have
    asked them in the past.  (For the self-employed, they include
    "breakdown cover on a vehicle as an allowable expense here:
    https://www.gov.uk/expenses-if-youre-self-employed/travel)

    I used to prefer to just claim the 45p a mile for business miles, which
    would cover fuel and a proportion of insurance, road tax, servicing,
    repairs and spares.

    Far less messing about.

    If you're self-employed you can't do that. Happy to be proven wrong.

    The alternative would be paying a call-out fee that some services
    offer that you could then claim back. I still think there could be a
    benefit in kind?

    Why bovver?

    Quite. The 45p per mile is meant to cover a portion of those costs.

    Respectfully, HMRC disagree with you and I accept their guidance in
    response to a formal request to be more authoritative that posts in
    this NG. :-)

    Regards

    S.P.




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  • From Andy Burns@21:1/5 to Fredxx on Mon Jan 8 06:58:27 2024
    Fredxx wrote:

    JNugent wrote:

    Simon Parker wrote:

    (For the self-employed, they include
    "breakdown cover on a vehicle as an allowable expense here:
    https://www.gov.uk/expenses-if-youre-self-employed/travel)

    I used to prefer to just claim the 45p a mile for business miles,
    which would cover fuel and a proportion of insurance, road tax,
    servicing, repairs and spares.

    Likewise

    Far less messing about.

    Absolutely

    If you're self-employed you can't do that. Happy to be proven wrong.

    You can [except blah, blah]

    <https://www.gov.uk/simpler-income-tax-simplified-expenses/vehicles>

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  • From GB@21:1/5 to Fredxx on Mon Jan 8 10:03:17 2024
    On 08/01/2024 00:14, Fredxx wrote:

    I used to prefer to just claim the 45p a mile for business miles,
    which would cover fuel and a proportion of insurance, road tax,
    servicing, repairs and spares.

    Far less messing about.

    If you're self-employed you can't do that. Happy to be proven wrong.

    See:
    https://www.gov.uk/simpler-income-tax-simplified-expenses/vehicles-

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  • From Fredxx@21:1/5 to Andy Burns on Mon Jan 8 12:26:45 2024
    On 08/01/2024 06:58, Andy Burns wrote:
    Fredxx wrote:

    JNugent wrote:

    Simon Parker wrote:

    (For the self-employed, they include "breakdown cover on a vehicle
    as an allowable expense here:
    https://www.gov.uk/expenses-if-youre-self-employed/travel)

    I used to prefer to just claim the 45p a mile for business miles,
    which would cover fuel and a proportion of insurance, road tax,
    servicing, repairs and spares.

    Likewise

    Far less messing about.

    Absolutely

    If you're self-employed you can't do that. Happy to be proven wrong.

    You can [except blah, blah]

    <https://www.gov.uk/simpler-income-tax-simplified-expenses/vehicles>

    Very useful, thanks for the link.

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  • From Vir Campestris@21:1/5 to Peter Johnson on Mon Jan 8 12:40:56 2024
    On 05/01/2024 16:19, Peter Johnson wrote:
    I was with Tesco for several years. They treated me well when I needed
    to make a claim and the increases each year weren't enough to put the
    effort into getting a lower price.
    But this year they wanted to increase last year's £800 to £1,600+.
    When I phoned, the answering machine said that premiums were
    increasing because there were more claims and repairs were more
    expensive. The person I spoke to said that I could probably reduce the
    price if I added another driver to the policy, even it they didn't
    drive the car and weren't a member of the same household. I couldn't
    see that making £800 difference so I used a comparison website and
    gave my business to Marks & Spencer (for about £800) because I wanted
    a name that I recognised, even though I'm actually with a broker who's fronting for M&S.
    When my contents/buildings policy, also with Tesco, came up for
    renewal a month later that price had also about doubled. I didn't
    waste any time phoning, used the price comparison site to find a new
    policy for slightly less than I paid last year.

    My wife and I are on our son's car insurance for that reason.

    He's a lot older now than when this started, and I suspect it doesn't
    make as much difference as it did.

    I have a feeling that one day we'll be old enough to be making his
    insurance _more_ expensive than less.

    A couple of times he's borrowed my wife's car when his has been off the
    road. He has to insure it himself - he uses his car for business (20k
    miles per year) and we don't want to pay for that.


    Andy

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  • From Roger Hayter@21:1/5 to All on Mon Jan 8 14:13:07 2024
    On 8 Jan 2024 at 13:52:54 GMT, "Simon Parker" <simonparkerulm@gmail.com>
    wrote:

    On 07/01/2024 21:35, Fredxx wrote:


    snip particular tax question
    Please be assured that when I say I've taken guidance from HMRC on a
    matter then I have indeed been given specific advice on the matter by
    HMRC and am not relying on Google searches and the like.

    And if you believe the guidance HMRC have provided is wrong, I invite
    you to take it up with them directly, or alternatively to provide your
    bona fides and details of your professional liability insurance and I'll gladly consider taking paid for advice from you should the need arise in
    the future.

    Regards

    S.P.


    I don't think you can guaratee that everyone gets the same advice from HMRC in a similar situation. For instance, I had a question about a sum received by
    the estate from a state occupational pension provider as to whether a particular sum was the (taxable) income of the estate or the (not taxable in this case) income of the deceased relating to a previous tax year. HMRC's advice was to ask $PENSION_PROVIDER how they normally treated such payments
    for tax purposes, which I thought an odd transfer of responsibility. But it worked in my favour.

    --
    Roger Hayter

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  • From Fredxx@21:1/5 to Simon Parker on Mon Jan 8 15:53:21 2024
    On 08/01/2024 13:25, Simon Parker wrote:
    On 07/01/2024 21:29, Norman Wells wrote:
    On 07/01/2024 19:49, Simon Parker wrote:
    On 07/01/2024 12:16, Roland Perry wrote:

    That's interesting, I think I might still have "business use" on my
    car because although I finally retired from the job just before Xmas
    the employer insisted I had it, just in case when triggering their
    "you must be prepared to work anywhere at any time, if we have a
    crisis" clause in the employment contract it would involve me
    driving during work hours from one of their locations to another
    (rather than walking or getting the largely non-existent bus).

    I recommend checking the class of insurance cover you have.

    Social, Domestic and Pleasure *DOES NOT* cover travel to and from work,

    Generally, it does.

    Generally it doesn't.


    For example:

    "Social, domestic, and pleasure (SD&P) refers to an insurance policy
    that permits personal trips in your car. It includes cover for
    everyday activities such as driving to the shops, visiting family, or
    commuting between home and work".

    https://www.lv.com/car-insurance/for-car-insurance-what-is-our-definition-of-social-domestic-and-pleasure-including-commuting

    That is "Social Domestic and Pleasure *including commuting*" as the URL
    makes clear. (Highlighting mine.)

    For further information see:

    "Am I insured to drive my car for business use?

    "You're covered to drive to one single place of work if you choose
    'Social, Domestic & Pleasure + Commuting' for your type of use.

    Which for most people is the norm.

    "If you have to travel to more than one place of work, or you're a
    travelling or commercial sales person for example, you'll need to let us
    know that your vehicle is used for business."

    From: https://www.lv.com/car-insurance/am-i-insured-to-drive-my-car-for-business-use

    Which is in complete agreement with my previous post on the matter.

    No, you said, "Social, Domestic and Pleasure *DOES NOT* cover travel to
    and from work".

    As per your own quote you must accept this was wrong, where you are
    confusing driving "to one single place of work" and business use.

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  • From Fredxx@21:1/5 to Simon Parker on Mon Jan 8 15:49:26 2024
    On 08/01/2024 13:52, Simon Parker wrote:
    On 07/01/2024 21:35, Fredxx wrote:
    On 07/01/2024 20:03, Simon Parker wrote:
    On 07/01/2024 13:40, Fredxx wrote:

    But that would hardly be an expense exclusively for work, unless you
    kept two policies?

    Yes it would because he'd (technically) need a "Fleet Policy" which
    is classed as a business expense.  Please feel free to ask HMRC if
    you don't believe me, but I can save you the time and trouble as I
    have asked them in the past.  (For the self-employed, they include
    "breakdown cover on a vehicle as an allowable expense here:
    https://www.gov.uk/expenses-if-youre-self-employed/travel)

    I am aware that expenses can be proportionate for the self-employed.
    However, unless I'm mistaken, Rowland was employed and there are a
    completely different set of rules.

    The alternative would be paying a call-out fee that some services
    offer that you could then claim back. I still think there could be a
    benefit in kind?

    Respectfully, HMRC disagree with you and I accept their guidance in
    response to a formal request to be more authoritative that posts in
    this NG. :-)

    The same argument as above.

    For the employed:

    https://www.gov.uk/hmrc-internal-manuals/employment-income-manual/eim31660

    I commend to you in the strongest possible terms EIM31617 [1].

    It uses as an example a computer which is used 40% of the time for
    personal use.

    Having detailed how to apportion the costs, it concludes with:

    "Note also that there is no need to calculate the benefit of the
    computer at all if private use of it by the employee, and members of
    their family or household, is not significant.  See EIM21611. The figure
    of 40% private use in the above example is “significant”."

    If Roland's personal use of the "Fleet Policy" on his car was not "significant", "there is no need to calculate the benefit of it.".

    Similarly, I comment to you in similarly strong terms BIM37400 [2] which says:

    "But an expense is not disallowed by S34(1)(a) ITTOIA 2005 (for unincorporated businesses) and S54(1)(a) CTA 2009 (for companies)
    because the trader (or third party) obtains an incidental or personal
    benefit provided that it was not part of the purpose in incurring the
    expense to secure such benefit."


    I'm sure Ann Mallalieu might agree?

    I fear you're barking up the wrong case.  You'd be far better served referring to Bentleys, Stokes & Lowless v Beeson [1952] 33 TC 491 which
    was codified into S45 ITTOIA 2005 and later S1298 CTA 2009.

    Which is primarily associated with entertainment where food is purchased
    during a work occasion or meeting.

    How can the case surrounding Ann Mallalieu be a 'wrong' case;

    Please be assured that when I say I've taken guidance from HMRC on a
    matter then I have indeed been given specific advice on the matter by
    HMRC and am not relying on Google searches and the like.

    So have I, and there are very specific conditions where wholly and
    exclusively are allowed for personal consumption.

    And if you believe the guidance HMRC have provided is wrong, I invite
    you to take it up with them directly, or alternatively to provide your
    bona fides and details of your professional liability insurance and I'll gladly consider taking paid for advice from you should the need arise in
    the future.

    It is the interpretation of the guidance you've been given I call into question. And yes, HMRC do sometimes get things wrong too.

    Regards

    S.P.

    [1] https://www.gov.uk/hmrc-internal-manuals/employment-income-manual/eim31617 [2]
    https://www.gov.uk/hmrc-internal-manuals/business-income-manual/bim37400


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  • From Norman Wells@21:1/5 to Simon Parker on Mon Jan 8 14:29:38 2024
    On 08/01/2024 13:25, Simon Parker wrote:
    On 07/01/2024 21:29, Norman Wells wrote:
    On 07/01/2024 19:49, Simon Parker wrote:

    I recommend checking the class of insurance cover you have.

    Social, Domestic and Pleasure *DOES NOT* cover travel to and from work,

    Generally, it does.

    Generally it doesn't.

    For example:

    "Social, domestic, and pleasure (SD&P) refers to an insurance policy
    that permits personal trips in your car. It includes cover for
    everyday activities such as driving to the shops, visiting family, or
    commuting between home and work".

    https://www.lv.com/car-insurance/for-car-insurance-what-is-our-definition-of-social-domestic-and-pleasure-including-commuting

    That is "Social Domestic and Pleasure *including commuting*" as the URL
    makes clear. (Highlighting mine.)

    Then you would think it might say that in the text rather than in a url.
    But it doesn't, so it isn't.

    What is does actually say is this:

    "With LV= Car Insurance we define SD&P as including driving to a single workplace, provided there are no business-related stops made during the journey."

    That's as clear as day if you ask me, and it's contrary to what you
    proclaimed above with absolute certainty.

    For further information see:

    "Am I insured to drive my car for business use?

    We're not talking about 'business use'. We're talking about commuting,
    which is not usually regarded as 'business use'. It is 'commuting',
    which may require 'commuting' to be included in the class of insurance
    you need *without* having to have business use cover.

    "You're covered to drive to one single place of work if you choose
    'Social, Domestic & Pleasure + Commuting' for your type of use.

    "If you have to travel to more than one place of work, or you're a
    travelling or commercial sales person for example, you'll need to let us
    know that your vehicle is used for business."

    From: https://www.lv.com/car-insurance/am-i-insured-to-drive-my-car-for-business-use

    Which is in complete agreement with my previous post on the matter.

    No it isn't.

    You said, indeed you emphasised it by shouting, "Social, Domestic and
    Pleasure *DOES NOT* cover travel to and from work".

    It may do, it can, and it often does. It depends on your insurer. Even
    your own!

    I have previously stated that I have a multi-vehicle multi-driver policy
    with LV=.  Each driver / vehicle combination has a different class of insurance.  For example, my wife has "Social, Domestic and Pleasure
    Only" for the car for which I am the main driver.  Please find below the text I've just copied and pasted from the policy document which details
    the use of my car for which she is insured, namely "Social, Domestic and Pleasure Only":

    "Covered for social, domestic and pleasure use, *excluding commuting to work*." (Highlighting mine.)

    It wouldn't be necessary to specify that unless the general position, as
    my quote above shows, is that it is covered.

    Now, please tell me, with reference to the statement above (taken from
    an LV= policy document) whether or not "Social, Domestic and Pleasure
    Only" cover includes or excludes "commuting to work"?

    It certainly won't if you've decided specifically to exclude it in order
    to save a few quid, which seems to be the case.

    I will add that, as someone that has been insured with LV= for some
    time, I can state unequivocally that it contains mistakes in sufficient enough quantity that if I have a question about insurance, I will not
    rely on what their web-site says and instead now telephone them, record
    the conversation and then follow it up with an e-mail to them.

    In short, their web-site has statements on it that are contradictory and their advice is always to revert to the policy documents and go off what
    the documents say.

    But, for the avoidance of doubt, LV='s SD&P excludes commuting unless
    one opts for Social, Domestic & Pleasure including commuting".

    Unless their website is lying, that's just not true for the reasons
    given above.

    Other insurers may or may not require you to have specific commuting cover.

    For example:

    "Social Domestic and Pleasure cover includes travel/commuting to and
    from your normal place of work or study and any voluntary work."

    https://community.tescobank.com/content/3569-With-Box-Insurance-can-I-use-my-car-to-travel-to-work

    "Things like going to the shops, collecting family members or friends
    and commuting between your home and your place of work or study are all
    covered by this class of cover."

    https://www.123.ie/customer-care/my-policy-cover/am-i-covered/what-is-covered-by-social-domestic-and-pleasure-use

    It's far from universal that separate commuting cover is required, and I
    think you therefore need to row back from your absolute and misleading
    'DOES NOT' statement above.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Mark Goodge@21:1/5 to vir.campestris@invalid.invalid on Mon Jan 8 15:46:12 2024
    On Mon, 8 Jan 2024 12:40:56 +0000, Vir Campestris <vir.campestris@invalid.invalid> wrote:

    On 05/01/2024 16:19, Peter Johnson wrote:
    The person I spoke to said that I could probably reduce the
    price if I added another driver to the policy, even it they didn't
    drive the car and weren't a member of the same household.

    My wife and I are on our son's car insurance for that reason.

    As per my comments in a different thread, my "insurance girlfriend" saved me money on my policy even though she rarely, if ever, drove the car.

    He's a lot older now than when this started, and I suspect it doesn't
    make as much difference as it did.

    It's not so much about the different demographics of different drivers. It's more that, statistically, cars which have multiple drivers tend to have
    fewer claims. That may seem counterintuitive, but a plausible explanation
    that I've heard made by an acquaintance who works in statistics is that
    people who share a car tend to look after it better, for fear of the other person's wrath if they damage it.

    I have a feeling that one day we'll be old enough to be making his
    insurance _more_ expensive than less.

    For the same reason, that's not particularly likely. Older drivers are also less likely, statistically, to make a claim, even though their driving
    skills do, objectively, deteriorate over time. Again, that's
    counterintuitive, but the explanation is that cumulative experience, and dissipated aggression, outweighs the degradation in skills. Older drivers
    drive more carefully and more defensively, and are better at assessing risk than younger drivers.

    Mark

    --- SoupGate-Win32 v1.05
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  • From JNugent@21:1/5 to Fredxx on Mon Jan 8 15:04:57 2024
    On 08/01/2024 12:14 am, Fredxx wrote:

    On 07/01/2024 22:41, JNugent wrote:
    On 07/01/2024 08:03 pm, Simon Parker wrote:
    On 07/01/2024 13:40, Fredxx wrote:
    On 07/01/2024 12:16, Roland Perry wrote:
    Simon Parker <simonparkerulm@gmail.com> remarked:

    The magic phrase to plug into Google (or another search engine of
    your choosing) is GIPP (General Insurance Pricing Practices).
    This is a system created and monitored by the FCA following
    consultation with relevant stakeholders.  Insurers have to make
    annual returns to the FCA to prove they are complying.
    It essentially says that renewal quote proffered to existing
    customers must be the same as the "Equivalent New Business Price"
    (ENBP), i.e. the price proffered to a new customer in precisely
    the same circumstances as the existing policyholder.
    However, there are a number of caveats.  For example, it is only
    for "consumer" policies.  So if you have 'business use' on *any*
    vehicle on the policy, GIPP doesn't apply.

    That's interesting, I think I might still have "business use" on my
    car because although I finally retired from the job just before
    Xmas the employer insisted I had it, just in case when triggering
    their "you must be prepared to work anywhere at any time, if we
    have a crisis" clause in the employment contract it would involve
    me driving during work hours from one of their locations to another
    (rather than walking or getting the largely non-existent bus).

    They also separately recently introduced a new "Health and Safety"
    element to the organisation's transport policy that if I were to
    break down while undergoing a shuttle like that, I MUST NOT attempt
    to fix it myself at the roadside, but sit there awaiting a
    professional repair service such as AA/RAC.

    It did vaguely cross my mind that perhaps I should have put the
    cost of obtaining the latter on my expenses, and now maybe even
    have put this extra cost of basic insurance on as well. ie Not just
    the extra cost of the 'business use' itself, but the cost of the
    policy not being covered by GIPP.

    But that would hardly be an expense exclusively for work, unless you
    kept two policies?

    Yes it would because he'd (technically) need a "Fleet Policy" which
    is classed as a business expense.  Please feel free to ask HMRC if
    you don't believe me, but I can save you the time and trouble as I
    have asked them in the past.  (For the self-employed, they include
    "breakdown cover on a vehicle as an allowable expense here:
    https://www.gov.uk/expenses-if-youre-self-employed/travel)

    I used to prefer to just claim the 45p a mile for business miles,
    which would cover fuel and a proportion of insurance, road tax,
    servicing, repairs and spares.
    Far less messing about.

    If you're self-employed you can't do that. Happy to be proven wrong.

    You most certainly *can* (or may) do it when self-employed.

    I used the 45p a mile method (submitting a P&L a/c as well as the self-assessment form) for several years until the pandemic.

    The alternative would be paying a call-out fee that some services
    offer that you could then claim back. I still think there could be a
    benefit in kind?

    Why bovver?

    Quite. The 45p per mile is meant to cover a portion of those costs.

    Respectfully, HMRC disagree with you and I accept their guidance in
    response to a formal request to be more authoritative that posts in
    this NG. :-)

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roland Perry@21:1/5 to All on Mon Jan 8 18:05:44 2024
    In message <une9kc$13a4b$2@dont-email.me>, at 13:40:29 on Sun, 7 Jan
    2024, Fredxx <fredxx@spam.invalid> remarked:
    On 07/01/2024 12:16, Roland Perry wrote:
    In message <kvom67Fgb5vU1@mid.individual.net>, at 21:27:33 on Thu, 4
    Jan 2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    The magic phrase to plug into Google (or another search engine of
    your choosing) is GIPP (General Insurance Pricing Practices).

    This is a system created and monitored by the FCA following
    consultation with relevant stakeholders. Insurers have to make
    annual returns to the FCA to prove they are complying.

    It essentially says that renewal quote proffered to existing
    customers must be the same as the "Equivalent New Business Price" >>>(ENBP), i.e. the price proffered to a new customer in precisely the
    same circumstances as the existing policyholder.

    However, there are a number of caveats. For example, it is only for >>>"consumer" policies. So if you have 'business use' on *any* vehicle
    on the policy, GIPP doesn't apply.

    That's interesting, I think I might still have "business use" on my
    car because although I finally retired from the job just before Xmas
    the employer insisted I had it, just in case when triggering their
    "you must be prepared to work anywhere at any time, if we have a
    crisis" clause in the employment contract it would involve me driving >>during work hours from one of their locations to another (rather than >>walking or getting the largely non-existent bus).

    They also separately recently introduced a new "Health and Safety" >>element to the organisation's transport policy that if I were to break
    down while undergoing a shuttle like that, I MUST NOT attempt to fix
    it myself at the roadside, but sit there awaiting a professional
    repair service such as AA/RAC.

    It did vaguely cross my mind that perhaps I should have put the cost
    of obtaining the latter on my expenses, and now maybe even have put
    this extra cost of basic insurance on as well. ie Not just the extra
    cost of the 'business use' itself, but the cost of the policy not
    being covered by GIPP.

    But that would hardly be an expense exclusively for work, unless you
    kept two policies?

    The concept of "exclusively" only really applies to HMRC's decisions
    about the allowability of the expenses. The worst that could happen is
    they wanted 20% as tax, but I'd still have the other 80%.

    The alternative would be paying a call-out fee that some services offer
    that you could then claim back. I still think there could be a benefit
    in kind?

    Good luck finding such services which can respond in time for you to get
    to work even the same day. And it's not a benefit to me, because I'd be
    happy to (eg) change a tyre myself. It's the employer who *insists* I
    shouldn't do, so surely they should pay for it.

    --
    Roland Perry

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roland Perry@21:1/5 to All on Mon Jan 8 18:22:40 2024
    In message <l00didFgb61U5@mid.individual.net>, at 19:49:32 on Sun, 7 Jan
    2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    there are a number of caveats. For example, it is only for
    "consumer" policies. So if you have 'business use' on *any* vehicle
    on the policy, GIPP doesn't apply.

    That's interesting, I think I might still have "business use" on my
    car because although I finally retired from the job just before Xmas
    the employer insisted I had it, just in case when triggering their
    "you must be prepared to work anywhere at any time, if we have a
    crisis" clause in the employment contract it would involve me driving >>during work hours from one of their locations to another (rather than >>walking or getting the largely non-existent bus).

    I recommend checking the class of insurance cover you have.

    Social, Domestic and Pleasure *DOES NOT* cover travel to and from work,
    or use for any work-related purposes.

    Social, Domestic, Pleasure *and Commuting* typically covers travelling >from/to home to/from a single permanent place of employment but not any
    other work-related use.

    If you work at multiple locations, even if for the same company, you
    likely need business use. Similarly, if you ever travel between one
    place of employment and another, that too likely requires business use.
    Or if you use the car to visit clients... or suppliers... etc.

    The modality I was highlighting is that travel to the station, or
    airport, for onward travel to a one-off work-related assignment [mine
    were mainly conferences (or the committee organising it the couple of
    years beforehand) of the COP28 kind we sometimes see on the news] is
    also regarded as requiring full-business-use insurance.

    I wonder how many of the victims of the recent fire at Luton Airport's
    car park will find they were in fact uninsured (if their trip wasn't
    100% a vacation).

    I would suggest that most people that are self-employed, or work for
    more than one employer and / or at more than one location need business
    use which instantly puts them outside GIPP as it is no longer a
    "consumer" policy.

    +1
    --
    Roland Perry

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roland Perry@21:1/5 to All on Mon Jan 8 18:32:37 2024
    In message <2k5opi9hnduhc4nm68flvf4739mbrgmo98@4ax.com>, at 15:46:12 on
    Mon, 8 Jan 2024, Mark Goodge <usenet@listmail.good-stuff.co.uk>
    remarked:
    As per my comments in a different thread, my "insurance girlfriend" saved me >money on my policy even though she rarely, if ever, drove the car.

    He's a lot older now than when this started, and I suspect it doesn't
    make as much difference as it did.

    It's not so much about the different demographics of different drivers. It's >more that, statistically, cars which have multiple drivers tend to have
    fewer claims. That may seem counterintuitive, but a plausible explanation >that I've heard made by an acquaintance who works in statistics is that >people who share a car tend to look after it better, for fear of the other >person's wrath if they damage it.

    Absolutely. Both my children are named drivers and can borrow my car if
    they feel the need (but rarely seem to feel the need to top up the fuel
    tank). They are both under no illusion if they bring it back with a dent
    in, they'll get their bottoms verbally spanked unmercifully and will
    never live it down...
    --
    Roland Perry

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From The Todal@21:1/5 to Roger Hayter on Mon Jan 8 19:18:01 2024
    On 08/01/2024 00:03, Roger Hayter wrote:
    On 7 Jan 2024 at 21:29:22 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 07/01/2024 19:49, Simon Parker wrote:
    On 07/01/2024 12:16, Roland Perry wrote:
    In message <kvom67Fgb5vU1@mid.individual.net>, at 21:27:33 on Thu, 4
    Jan 2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    The magic phrase to plug into Google (or another search engine of
    your choosing) is GIPP (General Insurance Pricing Practices).

    This is a system created and monitored by the FCA following
    consultation with relevant stakeholders. Insurers have to make
    annual returns to the FCA to prove they are complying.

    It essentially says that renewal quote proffered to existing
    customers must be the same as the "Equivalent New Business Price"
    (ENBP), i.e. the price proffered to a new customer in precisely the
    same circumstances as the existing policyholder.

    However, there are a number of caveats. For example, it is only for >>>>> "consumer" policies. So if you have 'business use' on *any* vehicle >>>>> on the policy, GIPP doesn't apply.

    That's interesting, I think I might still have "business use" on my
    car because although I finally retired from the job just before Xmas
    the employer insisted I had it, just in case when triggering their
    "you must be prepared to work anywhere at any time, if we have a
    crisis" clause in the employment contract it would involve me driving
    during work hours from one of their locations to another (rather than
    walking or getting the largely non-existent bus).

    I recommend checking the class of insurance cover you have.

    Social, Domestic and Pleasure *DOES NOT* cover travel to and from work,

    Generally, it does. For example:

    "Social, domestic, and pleasure (SD&P) refers to an insurance policy
    that permits personal trips in your car. It includes cover for everyday
    activities such as driving to the shops, visiting family, or commuting
    between home and work".

    https://www.lv.com/car-insurance/for-car-insurance-what-is-our-definition-of-social-domestic-and-pleasure-including-commuting

    Comparethemarket whatever clearly does not think that this is true of all motor insurance policies.

    https://www.comparethemarket.com/car-insurance/content/classes-of-use-and-car-insurance/

    It would be as well to check the particular policy. But even if it needs specifying commuting cover is not necessarily more expensive, otherwise LV wouldn't be throwing it in free, for their clients.




    You are right, of course. It depends on the insurer.

    I ended up using Tesco Insurance, because the premium was very
    competitive (a few months have passed and now Tesco quote much higher premiums). I stipulated social domestic and pleasure.

    My Certificate of Motor Insurance says:

    Use for social, domestic and pleasure purposes.
    EXCLUSIONS - The policy does not cover use for commuting, any business
    purpose, any purpose in connection with the motor trade, carriage of
    passengers or goods for hire or reward, or for hiring, racing,
    competitions, rallies, trials, pace-making or speed testing.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roland Perry@21:1/5 to All on Mon Jan 8 18:14:18 2024
    In message <l00nljFth8aU3@mid.individual.net>, at 22:41:55 on Sun, 7 Jan
    2024, JNugent <jnugent@mail.com> remarked:

    They also separately recently introduced a new "Health and Safety" >>>>element to the organisation's transport policy that if I were to
    break down while undergoing a shuttle like that, I MUST NOT attempt
    to fix it myself at the roadside, but sit there awaiting a
    professional repair service such as AA/RAC.

    It did vaguely cross my mind that perhaps I should have put the
    cost of obtaining the latter on my expenses, and now maybe even
    have put this extra cost of basic insurance on as well. ie Not just >>>>the extra cost of the 'business use' itself, but the cost of the >>>>policy not being covered by GIPP.

    But that would hardly be an expense exclusively for work, unless you >>>kept two policies?

    Yes it would because he'd (technically) need a "Fleet Policy" which
    is classed as a business expense. Please feel free to ask HMRC if
    you don't believe me, but I can save you the time and trouble as I
    have asked them in the past. (For the self-employed, they include >>"breakdown cover on a vehicle as an allowable expense here: >>https://www.gov.uk/expenses-if-youre-self-employed/travel)

    I used to prefer to just claim the 45p a mile for business miles, which
    would cover fuel and a proportion of insurance, road tax, servicing,
    repairs and spares.

    Which completely and utterly misses the point. The breakdown
    insurance was required *in case* I *were* ever to be assigned to
    a different workplace in accordance with the employment contract.

    In almost six years it never happened. So zero x 45p/mile is ***ZERO***
    --
    Roland Perry

    --- SoupGate-Win32 v1.05
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  • From The Todal@21:1/5 to Norman Wells on Mon Jan 8 19:25:09 2024
    On 07/01/2024 21:29, Norman Wells wrote:
    On 07/01/2024 19:49, Simon Parker wrote:
    On 07/01/2024 12:16, Roland Perry wrote:
    In message <kvom67Fgb5vU1@mid.individual.net>, at 21:27:33 on Thu, 4
    Jan 2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    The magic phrase to plug into Google (or another search engine of
    your choosing) is GIPP (General Insurance Pricing Practices).

    This is a system created and monitored by the FCA following
    consultation with relevant stakeholders.  Insurers have to make
    annual returns to the FCA to prove they are complying.

    It essentially says that renewal quote proffered to existing
    customers must be the same as the "Equivalent New Business Price"
    (ENBP), i.e. the price proffered to a new customer in precisely the
    same circumstances as the existing policyholder.

    However, there are a number of caveats.  For example, it is only for
    "consumer" policies.  So if you have 'business use' on *any* vehicle
    on the policy, GIPP doesn't apply.

    That's interesting, I think I might still have "business use" on my
    car because although I finally retired from the job just before Xmas
    the employer insisted I had it, just in case when triggering their
    "you must be prepared to work anywhere at any time, if we have a
    crisis" clause in the employment contract it would involve me driving
    during work hours from one of their locations to another (rather than
    walking or getting the largely non-existent bus).

    I recommend checking the class of insurance cover you have.

    Social, Domestic and Pleasure *DOES NOT* cover travel to and from work,

    Generally, it does.  For example:

    "Social, domestic, and pleasure (SD&P) refers to an insurance policy
    that permits personal trips in your car. It includes cover for everyday activities such as driving to the shops, visiting family, or commuting between home and work".

    https://www.lv.com/car-insurance/for-car-insurance-what-is-our-definition-of-social-domestic-and-pleasure-including-commuting





    Well, just fancy that. My motor insurance policy last year was with that
    same LV (Liverpool Victoria) and I stipulated social, domestic and pleasure.

    Here's what my certificate of motor insurance says:

    Limitations as to use
    Social, domestic and pleasure use, excluding travelling to work.

    unquote. So, Norman, you've made an elementary mistake. You've
    referenced a page which gives a definition of "social domestic and
    pleasure including commuting" and you've assumed, illogically, that
    social domestic and pleasure always includes commuting.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Theo@21:1/5 to Norman Wells on Mon Jan 8 16:38:18 2024
    Norman Wells <hex@unseen.ac.am> wrote:
    On 08/01/2024 13:25, Simon Parker wrote:
    https://www.lv.com/car-insurance/for-car-insurance-what-is-our-definition-of-social-domestic-and-pleasure-including-commuting

    That is "Social Domestic and Pleasure *including commuting*" as the URL makes clear. (Highlighting mine.)

    Then you would think it might say that in the text rather than in a url.
    But it doesn't, so it isn't.

    It does, in large header text:

    "For car insurance what is our definition of Social, Domestic and Pleasure including
    commuting?"

    What is does actually say is this:

    "With LV= Car Insurance we define SD&P as including driving to a single workplace, provided there are no business-related stops made during the journey."

    That's as clear as day if you ask me, and it's contrary to what you proclaimed above with absolute certainty.

    It is possible certain insurers don't distinguish between SD&P and SD&P+C. Others do. Price comparison sites ask a superset of the questions to feed
    data to all the insurers' pricing models.

    For example some home insurers ask:
    "Are there any trees taller than 10m within 5m of your home?"
    whereas the price comparison site may ask:
    "Are there any trees within 5m of your home?"
    "Are any of those trees taller than 10m?"

    because presumably some insurer cares about trees shorter than 10m.

    For further information see:

    "Am I insured to drive my car for business use?

    We're not talking about 'business use'. We're talking about commuting,
    which is not usually regarded as 'business use'. It is 'commuting',
    which may require 'commuting' to be included in the class of insurance
    you need *without* having to have business use cover.

    Indeed.

    "You're covered to drive to one single place of work if you choose
    'Social, Domestic & Pleasure + Commuting' for your type of use.

    "If you have to travel to more than one place of work, or you're a travelling or commercial sales person for example, you'll need to let us know that your vehicle is used for business."

    From: https://www.lv.com/car-insurance/am-i-insured-to-drive-my-car-for-business-use

    Which is in complete agreement with my previous post on the matter.

    No it isn't.

    You said, indeed you emphasised it by shouting, "Social, Domestic and Pleasure *DOES NOT* cover travel to and from work".

    SD&P does not. SD&P+C does.

    It may do, it can, and it often does. It depends on your insurer. Even
    your own!

    The insurer may lump SD&P and SD&P+C together into a single pricing
    category. It doesn't change the generally-understood definition of SD&P.

    It's far from universal that separate commuting cover is required, and I think you therefore need to row back from your absolute and misleading
    'DOES NOT' statement above.

    You will have to read the policy wording to inspect their definitions, but
    it is likely they define SD&P separately, and then offer cover which offers 'SD&P and commuting to a single place of work', which is SD&P+C.

    Theo

    --- SoupGate-Win32 v1.05
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  • From The Todal@21:1/5 to Fredxx on Mon Jan 8 19:26:07 2024
    On 08/01/2024 15:53, Fredxx wrote:
    On 08/01/2024 13:25, Simon Parker wrote:
    On 07/01/2024 21:29, Norman Wells wrote:
    On 07/01/2024 19:49, Simon Parker wrote:
    On 07/01/2024 12:16, Roland Perry wrote:

    That's interesting, I think I might still have "business use" on my
    car because although I finally retired from the job just before
    Xmas the employer insisted I had it, just in case when triggering
    their "you must be prepared to work anywhere at any time, if we
    have a crisis" clause in the employment contract it would involve
    me driving during work hours from one of their locations to another
    (rather than walking or getting the largely non-existent bus).

    I recommend checking the class of insurance cover you have.

    Social, Domestic and Pleasure *DOES NOT* cover travel to and from work, >>>
    Generally, it does.

    Generally it doesn't.


    For example:

    "Social, domestic, and pleasure (SD&P) refers to an insurance policy
    that permits personal trips in your car. It includes cover for
    everyday activities such as driving to the shops, visiting family, or
    commuting between home and work".

    https://www.lv.com/car-insurance/for-car-insurance-what-is-our-definition-of-social-domestic-and-pleasure-including-commuting

    That is "Social Domestic and Pleasure *including commuting*" as the
    URL makes clear. (Highlighting mine.)

    For further information see:

    "Am I insured to drive my car for business use?

    "You're covered to drive to one single place of work if you choose
    'Social, Domestic & Pleasure + Commuting' for your type of use.

    Which for most people is the norm.

    "If you have to travel to more than one place of work, or you're a
    travelling or commercial sales person for example, you'll need to let
    us know that your vehicle is used for business."

    From:
    https://www.lv.com/car-insurance/am-i-insured-to-drive-my-car-for-business-use

    Which is in complete agreement with my previous post on the matter.

    No, you said, "Social, Domestic and Pleasure *DOES NOT* cover travel to
    and from work".

    As per your own quote you must accept this was wrong, where you are
    confusing driving "to one single place of work" and business use.



    But he's not wrong, he's actually right.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Fredxx@21:1/5 to Roland Perry on Mon Jan 8 19:03:21 2024
    On 08/01/2024 18:05, Roland Perry wrote:
    In message <une9kc$13a4b$2@dont-email.me>, at 13:40:29 on Sun, 7 Jan
    2024, Fredxx <fredxx@spam.invalid> remarked:
    On 07/01/2024 12:16, Roland Perry wrote:
    In message <kvom67Fgb5vU1@mid.individual.net>, at 21:27:33 on Thu, 4
    Jan  2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    The magic phrase to plug into Google (or another search engine of
    your  choosing) is GIPP (General Insurance Pricing Practices).

    This is a system created and monitored by the FCA following
    consultation with relevant stakeholders.  Insurers have to make
    annual  returns to the FCA to prove they are complying.

    It essentially says that renewal quote proffered to existing
    customers  must be the same as the "Equivalent New Business Price"
    (ENBP), i.e.  the price proffered to a new customer in precisely the
    same  circumstances as the existing policyholder.

    However, there are a number of caveats.  For example, it is only for
    "consumer" policies.  So if you have 'business use' on *any* vehicle
    on the policy, GIPP doesn't apply.

     That's interesting, I think I might still have "business use" on my
    car  because although I finally retired from the job just before Xmas
    the  employer insisted I had it, just in case when triggering their
    "you must  be prepared to work anywhere at any time, if we have a
    crisis" clause in  the employment contract it would involve me
    driving during work hours  from one of their locations to another
    (rather than walking or getting  the largely non-existent bus).

     They also separately recently introduced a new "Health and Safety"
    element to the organisation's transport policy that if I were to
    break down while undergoing a shuttle like that, I MUST NOT attempt
    to fix it  myself at the roadside, but sit there awaiting a
    professional repair  service such as AA/RAC.

     It did vaguely cross my mind that perhaps I should have put the cost
    of  obtaining the latter on my expenses, and now maybe even have put
    this  extra cost of basic insurance on as well. ie Not just the extra
    cost of  the 'business use' itself, but the cost of the policy not
    being covered  by GIPP.

    But that would hardly be an expense exclusively for work, unless you
    kept two policies?

    The concept of "exclusively" only really applies to HMRC's decisions
    about the allowability of the expenses. The worst that could happen is
    they wanted 20% as tax, but I'd still have the other 80%.

    The would also want NI payments as well your employers NI payments.

    A way forward would be for your employer to provide their insurance
    cover for when you're travelling on behalf of the company.

    The alternative would be paying a call-out fee that some services
    offer that you could then claim back. I still think there could be a
    benefit in kind?

    Good luck finding such services which can respond in time for you to get
    to work even the same day. And it's not a benefit to me, because I'd be
    happy to (eg) change a tyre myself. It's the employer who *insists* I shouldn't do, so surely they should pay for it.

    My point is either the cost must be a direct expense or it's a benefit
    in kind. The general rule for allowed expenses is that any payment from
    your employer for you to carry out your work must only have incidental
    personal use.

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  • From Mark Goodge@21:1/5 to Norman Wells on Mon Jan 8 16:15:59 2024
    On Mon, 8 Jan 2024 14:29:38 +0000, Norman Wells <hex@unseen.ac.am> wrote:

    What is does actually say is this:

    "With LV= Car Insurance we define SD&P as including driving to a single >workplace, provided there are no business-related stops made during the >journey."

    "We".

    That's a very important word. It means that LV are explicitly stating that
    this definition is specific to them. There is, therefore, no expectation
    that it will necessarily apply to other insurers.

    Historically, SD&P did not include commuting. It is becoming more common for
    it to do so. But it is still a long way from the norm. What is becoming more common is for insurers to simply no longer sell pure SD&P, and instead make SDP&C the basic level of cover.

    Mark

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  • From Jon Ribbens@21:1/5 to The Todal on Mon Jan 8 20:01:44 2024
    On 2024-01-08, The Todal <the_todal@icloud.com> wrote:
    My Certificate of Motor Insurance says:

    Use for social, domestic and pleasure purposes.
    EXCLUSIONS - The policy does not cover use for commuting, any business purpose, any purpose in connection with the motor trade, carriage of passengers or goods for hire or reward, or for hiring, racing,
    competitions, rallies, trials, pace-making or speed testing.

    Out of interest, if you did use it for, say, racing on public streets,
    would you be committing the crime of driving without insurance, or
    would it simply mean that your insurer would seek to reclaim the cost
    of any claim from you?

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  • From Andy Burns@21:1/5 to The Todal on Mon Jan 8 19:52:11 2024
    The Todal wrote:

    Here's what my certificate of motor insurance says:

    Limitations as to use
    Social, domestic and pleasure use, excluding travelling to work.

    unquote. So, Norman, you've made an elementary mistake. You've
    referenced a page which gives a definition of "social domestic and
    pleasure including commuting" and you've assumed, illogically, that
    social domestic and pleasure always includes commuting.

    My LV= policy says "Social, domestic and pleasure use and also
    additional business use, excluding commercial travelling"

    It's almost as though they personalise them per ... erm ... person.

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  • From Fredxx@21:1/5 to The Todal on Mon Jan 8 20:54:57 2024
    On 08/01/2024 19:25, The Todal wrote:
    On 07/01/2024 21:29, Norman Wells wrote:
    On 07/01/2024 19:49, Simon Parker wrote:
    On 07/01/2024 12:16, Roland Perry wrote:
    In message <kvom67Fgb5vU1@mid.individual.net>, at 21:27:33 on Thu, 4
    Jan 2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    The magic phrase to plug into Google (or another search engine of
    your choosing) is GIPP (General Insurance Pricing Practices).

    This is a system created and monitored by the FCA following
    consultation with relevant stakeholders.  Insurers have to make
    annual returns to the FCA to prove they are complying.

    It essentially says that renewal quote proffered to existing
    customers must be the same as the "Equivalent New Business Price"
    (ENBP), i.e. the price proffered to a new customer in precisely the
    same circumstances as the existing policyholder.

    However, there are a number of caveats.  For example, it is only
    for "consumer" policies.  So if you have 'business use' on *any*
    vehicle on the policy, GIPP doesn't apply.

    That's interesting, I think I might still have "business use" on my
    car because although I finally retired from the job just before Xmas
    the employer insisted I had it, just in case when triggering their
    "you must be prepared to work anywhere at any time, if we have a
    crisis" clause in the employment contract it would involve me
    driving during work hours from one of their locations to another
    (rather than walking or getting the largely non-existent bus).

    I recommend checking the class of insurance cover you have.

    Social, Domestic and Pleasure *DOES NOT* cover travel to and from work,

    Generally, it does.  For example:

    "Social, domestic, and pleasure (SD&P) refers to an insurance policy
    that permits personal trips in your car. It includes cover for
    everyday activities such as driving to the shops, visiting family, or
    commuting between home and work".

    https://www.lv.com/car-insurance/for-car-insurance-what-is-our-definition-of-social-domestic-and-pleasure-including-commuting





    Well, just fancy that. My motor insurance policy last year was with that
    same LV (Liverpool Victoria) and I stipulated social, domestic and
    pleasure.

    Here's what my certificate of motor insurance says:

    Limitations as to use
    Social, domestic and pleasure use, excluding travelling to work.

    That's an admission that "Social, domestic and pleasure use" included travelling to work, and that the policy specifically excludes
    "travelling to work".

    If "Social, domestic and pleasure use" didn't include ""travelling to
    work"" there would be no need to mention it.

    unquote. So, Norman, you've made an elementary mistake. You've
    referenced a page which gives a definition of "social domestic and
    pleasure including commuting" and you've assumed, illogically, that
    social domestic and pleasure always includes commuting.

    I don't agree. The link specifically says "Social, domestic, and
    pleasure (SD&P) refers to an insurance policy that permits personal
    trips in your car. It includes cover for everyday activities such as
    driving to the shops, visiting family, or commuting between home and
    work." It then goes on to provide exclusions.

    While I might accept there might be variations of perceived SD&P, LV
    provide their definition of SD&P, and that it *always* includes commuting.

    Any exclusion regards commuting has to be written in the policy, as is
    yours.

    I'm sorry, while I initially thought NW was wrong, in this case it you
    who has made an elementary mistake.

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  • From The Todal@21:1/5 to Jon Ribbens on Mon Jan 8 20:23:08 2024
    On 08/01/2024 20:01, Jon Ribbens wrote:
    On 2024-01-08, The Todal <the_todal@icloud.com> wrote:
    My Certificate of Motor Insurance says:

    Use for social, domestic and pleasure purposes.
    EXCLUSIONS - The policy does not cover use for commuting, any business
    purpose, any purpose in connection with the motor trade, carriage of
    passengers or goods for hire or reward, or for hiring, racing,
    competitions, rallies, trials, pace-making or speed testing.

    Out of interest, if you did use it for, say, racing on public streets,
    would you be committing the crime of driving without insurance, or
    would it simply mean that your insurer would seek to reclaim the cost
    of any claim from you?


    I think I'd be committing the crime of driving without insurance but
    under the Road Traffic Act any insurer who has issued a policy is
    obliged to deal with claims of a third party (eg if I collided with
    someone) but would have the right to reclaim that outlay from me.

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  • From JNugent@21:1/5 to Mark Goodge on Mon Jan 8 22:49:00 2024
    On 08/01/2024 04:15 pm, Mark Goodge wrote:
    On Mon, 8 Jan 2024 14:29:38 +0000, Norman Wells <hex@unseen.ac.am> wrote:

    What is does actually say is this:

    "With LV= Car Insurance we define SD&P as including driving to a single
    workplace, provided there are no business-related stops made during the
    journey."

    "We".

    That's a very important word. It means that LV are explicitly stating that this definition is specific to them. There is, therefore, no expectation
    that it will necessarily apply to other insurers.

    They would use the word "we" irrespective of what other insurers do.
    Even if every other insurer had the same approach.

    Historically, SD&P did not include commuting. It is becoming more common for it to do so. But it is still a long way from the norm. What is becoming more common is for insurers to simply no longer sell pure SD&P, and instead make SDP&C the basic level of cover.

    Mark


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  • From Jon Ribbens@21:1/5 to The Todal on Mon Jan 8 23:50:38 2024
    On 2024-01-08, The Todal <the_todal@icloud.com> wrote:
    On 08/01/2024 20:01, Jon Ribbens wrote:
    On 2024-01-08, The Todal <the_todal@icloud.com> wrote:
    My Certificate of Motor Insurance says:

    Use for social, domestic and pleasure purposes.
    EXCLUSIONS - The policy does not cover use for commuting, any business
    purpose, any purpose in connection with the motor trade, carriage of
    passengers or goods for hire or reward, or for hiring, racing,
    competitions, rallies, trials, pace-making or speed testing.

    Out of interest, if you did use it for, say, racing on public streets,
    would you be committing the crime of driving without insurance, or
    would it simply mean that your insurer would seek to reclaim the cost
    of any claim from you?

    I think I'd be committing the crime of driving without insurance but
    under the Road Traffic Act any insurer who has issued a policy is
    obliged to deal with claims of a third party (eg if I collided with
    someone) but would have the right to reclaim that outlay from me.

    So does that mean that someone who has a SD&P policy and is commuting
    to work is unknowingly committing a criminal offence ten times a week?
    That seems a bit harsh.

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  • From JNugent@21:1/5 to Roland Perry on Mon Jan 8 22:50:54 2024
    On 08/01/2024 06:14 pm, Roland Perry wrote:
    In message <l00nljFth8aU3@mid.individual.net>, at 22:41:55 on Sun, 7 Jan 2024, JNugent <jnugent@mail.com> remarked:

    They also separately recently introduced a new "Health and Safety"
    element to the organisation's transport policy that if I were to
    break down while undergoing a shuttle like that, I MUST NOT attempt
    to fix it myself at the roadside, but sit there awaiting a
    professional repair service such as AA/RAC.

    It did vaguely cross my mind that perhaps I should have put the
    cost  of obtaining the latter on my expenses, and now maybe even
    have put  this extra cost of basic insurance on as well. ie Not
    just the extra  cost of the 'business use' itself, but the cost of
    the policy not  being covered by GIPP.

    But that would hardly be an expense exclusively for work, unless you
    kept two policies?

     Yes it would because he'd (technically) need a "Fleet Policy" which
    is  classed as a business expense.  Please feel free to ask HMRC if
    you  don't believe me, but I can save you the time and trouble as I
    have  asked them in the past.  (For the self-employed, they include
    "breakdown  cover on a vehicle as an allowable expense here:
    https://www.gov.uk/expenses-if-youre-self-employed/travel)

    I used to prefer to just claim the 45p a mile for business miles,
    which would cover fuel and a proportion of insurance, road tax,
    servicing, repairs and spares.

    Which completely and utterly misses the point. The breakdown
    insurance was required *in case* I *were* ever to be assigned to
    a different workplace in accordance with the employment contract.

    In almost six years it never happened. So zero x 45p/mile is ***ZERO***

    So... what IS "the point"?

    The sub-thread is about how to account to HMRC for business travel
    expenses incurred in use of a car.

    --- SoupGate-Win32 v1.05
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  • From Fredxx@21:1/5 to Jon Ribbens on Tue Jan 9 00:19:19 2024
    On 08/01/2024 23:50, Jon Ribbens wrote:
    On 2024-01-08, The Todal <the_todal@icloud.com> wrote:
    On 08/01/2024 20:01, Jon Ribbens wrote:
    On 2024-01-08, The Todal <the_todal@icloud.com> wrote:
    My Certificate of Motor Insurance says:

    Use for social, domestic and pleasure purposes.
    EXCLUSIONS - The policy does not cover use for commuting, any business >>>> purpose, any purpose in connection with the motor trade, carriage of
    passengers or goods for hire or reward, or for hiring, racing,
    competitions, rallies, trials, pace-making or speed testing.

    Out of interest, if you did use it for, say, racing on public streets,
    would you be committing the crime of driving without insurance, or
    would it simply mean that your insurer would seek to reclaim the cost
    of any claim from you?

    I think I'd be committing the crime of driving without insurance but
    under the Road Traffic Act any insurer who has issued a policy is
    obliged to deal with claims of a third party (eg if I collided with
    someone) but would have the right to reclaim that outlay from me.

    So does that mean that someone who has a SD&P policy and is commuting
    to work is unknowingly committing a criminal offence ten times a week?
    That seems a bit harsh.

    Not if they quote the LV website. If commuting is excluded in the policy wording then they may be commuting an offence, but exactly what I don't
    know as they would have a 'valid' insurance policy.

    --- SoupGate-Win32 v1.05
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  • From Tim Jackson@21:1/5 to All on Tue Jan 9 02:25:31 2024
    On Mon, 8 Jan 2024 23:50:38 -0000 (UTC), Jon Ribbens wrote...

    On 2024-01-08, The Todal <the_todal@icloud.com> wrote:
    My Certificate of Motor Insurance says:

    Use for social, domestic and pleasure purposes.
    EXCLUSIONS - The policy does not cover use for commuting, any business >>> purpose, any purpose in connection with the motor trade, carriage of
    passengers or goods for hire or reward, or for hiring, racing,
    competitions, rallies, trials, pace-making or speed testing.

    [snip]

    So does that mean that someone who has a SD&P policy and is commuting
    to work is unknowingly committing a criminal offence ten times a week?
    That seems a bit harsh.

    It's been noted that different insurers treat things in different ways.
    My SD&P policy would cover commuting automatically, but Todal's insurer apparently sees it as separate.

    Adding business use was pretty cheap (but commercial travelling was
    excluded).

    Last year I added a friend as a named driver, as we were going to be
    sharing the driving on a weekend away. My insurer suggested it would be cheaper to add him for the rest of the policy year rather than just the weekend. This resulted in a 30p reduction in the premium (the admin
    charge for amending the policy mid-year was reduced from GBP 15 to GBP
    14.70)

    --
    Tim Jackson
    news@timjackson.invalid
    (Change '.invalid' to '.plus.com' to reply direct)

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  • From Roland Perry@21:1/5 to All on Tue Jan 9 09:32:56 2024
    In message <l03039Fc6pmU1@mid.individual.net>, at 19:18:01 on Mon, 8 Jan
    2024, The Todal <the_todal@icloud.com> remarked:
    On 08/01/2024 00:03, Roger Hayter wrote:
    On 7 Jan 2024 at 21:29:22 GMT, "Norman Wells" <hex@unseen.ac.am> wrote:

    On 07/01/2024 19:49, Simon Parker wrote:
    On 07/01/2024 12:16, Roland Perry wrote:
    In message <kvom67Fgb5vU1@mid.individual.net>, at 21:27:33 on Thu, 4 >>>>> Jan 2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    The magic phrase to plug into Google (or another search engine of
    your choosing) is GIPP (General Insurance Pricing Practices).

    This is a system created and monitored by the FCA following
    consultation with relevant stakeholders. Insurers have to make
    annual returns to the FCA to prove they are complying.

    It essentially says that renewal quote proffered to existing
    customers must be the same as the "Equivalent New Business Price"
    (ENBP), i.e. the price proffered to a new customer in precisely the >>>>>> same circumstances as the existing policyholder.

    However, there are a number of caveats. For example, it is only for >>>>>> "consumer" policies. So if you have 'business use' on *any* vehicle >>>>>> on the policy, GIPP doesn't apply.

    That's interesting, I think I might still have "business use" on my
    car because although I finally retired from the job just before Xmas >>>>> the employer insisted I had it, just in case when triggering their
    "you must be prepared to work anywhere at any time, if we have a
    crisis" clause in the employment contract it would involve me driving >>>>> during work hours from one of their locations to another (rather than >>>>> walking or getting the largely non-existent bus).

    I recommend checking the class of insurance cover you have.

    Social, Domestic and Pleasure *DOES NOT* cover travel to and from work, >>>
    Generally, it does. For example:

    "Social, domestic, and pleasure (SD&P) refers to an insurance policy
    that permits personal trips in your car. It includes cover for everyday
    activities such as driving to the shops, visiting family, or commuting
    between home and work".


    https://www.lv.com/car-insurance/for-car-insurance-what-is-our-definit >>>ion-of-social-domestic-and-pleasure-including-commuting

    Comparethemarket whatever clearly does not think that this is true
    of all motor insurance policies.


    https://www.comparethemarket.com/car-insurance/content/classes-of-use-a >>nd-car-insurance/

    It would be as well to check the particular policy. But even if it
    needs specifying commuting cover is not necessarily more expensive, >>otherwise LV wouldn't be throwing it in free, for their clients.

    You are right, of course. It depends on the insurer.

    I ended up using Tesco Insurance, because the premium was very
    competitive (a few months have passed and now Tesco quote much higher >premiums). I stipulated social domestic and pleasure.

    My Certificate of Motor Insurance says:

    Use for social, domestic and pleasure purposes.
    EXCLUSIONS - The policy does not cover use for commuting, any business >purpose, any purpose in connection with the motor trade, carriage of >passengers or goods for hire or reward,

    Which of course nowadays includes being a part-time Hermes/Evri delivery driver. However, policies also tend to have an overlapping restriction
    to rub that in.

    I do wonder about the fleets of quite clearly part-time drivers doing
    fast food deliveries in the evening. My local Chinese takeaway has an
    almost constant stream of them.

    or for hiring, racing, competitions, rallies, trials, pace-making or
    speed testing.

    --
    Roland Perry

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  • From Roland Perry@21:1/5 to All on Tue Jan 9 09:47:08 2024
    In message <l04dssFgb5vU8@mid.individual.net>, at 08:19:40 on Tue, 9 Jan
    2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    There's "Social, Domestic and Pleasure", with an invisible "only" on
    the end, which some insurers abbreviate as "Social".

    This cover does not include travelling to and from work, nor for that
    matter driving to a train station and leaving the car in the car park
    there and catching a train to work as that too is classed as "Commuting".

    I wonder what the situation is if you give your partner a lift to the
    station, then return home (either because *you* work from home, are
    retired, or whatever).
    --
    Roland Perry

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  • From Roland Perry@21:1/5 to All on Tue Jan 9 09:23:33 2024
    In message <l03cidFed92U5@mid.individual.net>, at 22:50:54 on Mon, 8 Jan
    2024, JNugent <jnugent@mail.com> remarked:
    On 08/01/2024 06:14 pm, Roland Perry wrote:
    In message <l00nljFth8aU3@mid.individual.net>, at 22:41:55 on Sun, 7
    Jan 2024, JNugent <jnugent@mail.com> remarked:

    They also separately recently introduced a new "Health and
    Safety" element to the organisation's transport policy that if I >>>>>>were to break down while undergoing a shuttle like that, I MUST >>>>>>NOT attempt to fix it myself at the roadside, but sit there >>>>>>awaiting a professional repair service such as AA/RAC.

    It did vaguely cross my mind that perhaps I should have put the >>>>>>cost of obtaining the latter on my expenses, and now maybe even >>>>>>have put this extra cost of basic insurance on as well. ie Not >>>>>>just the extra cost of the 'business use' itself, but the cost of >>>>>>the policy not being covered by GIPP.

    But that would hardly be an expense exclusively for work, unless
    you kept two policies?

    Yes it would because he'd (technically) need a "Fleet Policy"
    which is classed as a business expense. Please feel free to ask
    HMRC if you don't believe me, but I can save you the time and
    trouble as I have asked them in the past. (For the self-employed, >>>>they include "breakdown cover on a vehicle as an allowable expense >>>>here: https://www.gov.uk/expenses-if-youre-self-employed/travel)

    I used to prefer to just claim the 45p a mile for business miles,
    which would cover fuel and a proportion of insurance, road tax, >>>servicing, repairs and spares.

    Which completely and utterly misses the point. The breakdown
    insurance was required *in case* I *were* ever to be assigned to
    a different workplace in accordance with the employment contract.
    In almost six years it never happened. So zero x 45p/mile is
    ***ZERO***

    So... what IS "the point"?

    That the company travel policy imposed a cost on me that I couldn't
    claim. Unless you think I could include it as a deductible expense on
    my self-assessment tax form, which I very much doubt.

    The sub-thread is about how to account to HMRC for business travel
    expenses incurred in use of a car.

    Amongst other things.

    --
    Roland Perry

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  • From Roland Perry@21:1/5 to All on Tue Jan 9 09:29:12 2024
    In message <unhgto$1kskq$1@dont-email.me>, at 19:03:21 on Mon, 8 Jan
    2024, Fredxx <fredxx@spam.invalid> remarked:
    On 08/01/2024 18:05, Roland Perry wrote:
    In message <une9kc$13a4b$2@dont-email.me>, at 13:40:29 on Sun, 7 Jan
    2024, Fredxx <fredxx@spam.invalid> remarked:
    On 07/01/2024 12:16, Roland Perry wrote:
    In message <kvom67Fgb5vU1@mid.individual.net>, at 21:27:33 on Thu,
    4 Jan 2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    The magic phrase to plug into Google (or another search engine of >>>>>your choosing) is GIPP (General Insurance Pricing Practices).

    This is a system created and monitored by the FCA following >>>>>consultation with relevant stakeholders. Insurers have to make >>>>>annual returns to the FCA to prove they are complying.

    It essentially says that renewal quote proffered to existing >>>>>customers must be the same as the "Equivalent New Business Price" >>>>>(ENBP), i.e. the price proffered to a new customer in precisely
    the same circumstances as the existing policyholder.

    However, there are a number of caveats. For example, it is only
    for "consumer" policies. So if you have 'business use' on *any* >>>>>vehicle on the policy, GIPP doesn't apply.

    That's interesting, I think I might still have "business use" on
    my car because although I finally retired from the job just before >>>>Xmas the employer insisted I had it, just in case when triggering >>>>their "you must be prepared to work anywhere at any time, if we
    have a crisis" clause in the employment contract it would involve
    me driving during work hours from one of their locations to
    another (rather than walking or getting the largely non-existent bus).

    They also separately recently introduced a new "Health and Safety" >>>>element to the organisation's transport policy that if I were to
    break down while undergoing a shuttle like that, I MUST NOT attempt
    to fix it myself at the roadside, but sit there awaiting a >>>>professional repair service such as AA/RAC.

    It did vaguely cross my mind that perhaps I should have put the
    cost of obtaining the latter on my expenses, and now maybe even
    have put this extra cost of basic insurance on as well. ie Not
    just the extra cost of the 'business use' itself, but the cost of
    the policy not being covered by GIPP.

    But that would hardly be an expense exclusively for work, unless you >>>kept two policies?

    The concept of "exclusively" only really applies to HMRC's decisions >>about the allowability of the expenses. The worst that could happen is
    they wanted 20% as tax, but I'd still have the other 80%.

    The would also want NI payments as well your employers NI payments.

    No, because I'm over the age where I'm liable to pay NI.

    A way forward would be for your employer to provide their insurance
    cover for when you're travelling on behalf of the company.

    Hahahaha. In fact I'm not even sure they *have* any car insurance, in
    the absence of any company cars. They've externalised all that cost to employees.

    The alternative would be paying a call-out fee that some services
    offer that you could then claim back. I still think there could be a >>>benefit in kind?

    Good luck finding such services which can respond in time for you to
    get to work even the same day. And it's not a benefit to me, because
    I'd be happy to (eg) change a tyre myself. It's the employer who
    *insists* I shouldn't do, so surely they should pay for it.

    My point is either the cost must be a direct expense or it's a benefit
    in kind. The general rule for allowed expenses

    But they aren't paying any expenses, just requiring me to pay out of my
    own pocket.

    is that any payment from your employer for you to carry out your work
    must only have incidental personal use.

    Yes, if they gave me a lump sum to pay for that roadside cover, it would
    also be available when I was driving on SD&P style trips. But they
    aren't paying, so it's a moot point.
    --
    Roland Perry

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  • From Roland Perry@21:1/5 to All on Tue Jan 9 09:41:27 2024
    In message <df7opi51am31dmnu96ovm0kmjqdmq1db80@4ax.com>, at 16:15:59 on
    Mon, 8 Jan 2024, Mark Goodge <usenet@listmail.good-stuff.co.uk>
    remarked:
    On Mon, 8 Jan 2024 14:29:38 +0000, Norman Wells <hex@unseen.ac.am> wrote:

    What is does actually say is this:

    "With LV= Car Insurance we define SD&P as including driving to a single >>workplace, provided there are no business-related stops made during the >>journey."

    So don't do: Home-SingleWorkplace-OffSiteMeeting-Home. My wife used to
    do that quite a lot, because part of her job description was organising
    (and attending) off-site meetings for groups of social housing tenants
    to have an opportunity to be consulted in person by members of the
    housing department. Who of course would *also* be doing a triangular
    trip like that.

    "We".

    That's a very important word. It means that LV are explicitly stating that >this definition is specific to them. There is, therefore, no expectation
    that it will necessarily apply to other insurers.

    Historically, SD&P did not include commuting. It is becoming more common for >it to do so. But it is still a long way from the norm. What is becoming more >common is for insurers to simply no longer sell pure SD&P, and instead make >SDP&C the basic level of cover.

    But without it necessarily covering the drivers between home and the
    station, if going to a meeting with a third party in London.

    And what about volunteers, for example car park marshalls during Covid vaccination sessions. Is driving to that, *commuting* or not?
    --
    Roland Perry

    --- SoupGate-Win32 v1.05
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  • From Ian Jackson@21:1/5 to usenet@andyburns.uk on Tue Jan 9 11:27:02 2024
    In message <l0323dFa608U3@mid.individual.net>, Andy Burns
    <usenet@andyburns.uk> writes
    The Todal wrote:

    Here's what my certificate of motor insurance says:
    Limitations as to use
    Social, domestic and pleasure use, excluding travelling to work.
    unquote. So, Norman, you've made an elementary mistake. You've
    referenced a page which gives a definition of "social domestic and
    pleasure including commuting" and you've assumed, illogically, that
    social domestic and pleasure always includes commuting.

    My LV= policy says "Social, domestic and pleasure use and also
    additional business use, excluding commercial travelling"

    It's almost as though they personalise them per ... erm ... person.

    When I was working, as well as the usual commuting to and from my usual
    place of work I occasionally needed to use my car to go to and from
    other locations, I'm pretty sure that's the sort of thing my insurance
    policy said. However, as such, ie using my car for company purposes, I
    was also covered by the company's blanket insurance. This came in very
    useful when a colleague and I were out in our cars on a job, he drove
    firmly into the back of me - writing off both cars.
    --
    Ian
    Aims and ambitions are neither attainments nor achievements

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  • From Anthony R. Gold@21:1/5 to Roland Perry on Tue Jan 9 09:40:56 2024
    On Tue, 9 Jan 2024 09:47:08 +0000, Roland Perry <roland@perry.uk> wrote:

    In message <l04dssFgb5vU8@mid.individual.net>, at 08:19:40 on Tue, 9 Jan 2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    There's "Social, Domestic and Pleasure", with an invisible "only" on
    the end, which some insurers abbreviate as "Social".

    This cover does not include travelling to and from work, nor for that
    matter driving to a train station and leaving the car in the car park
    there and catching a train to work as that too is classed as "Commuting".

    I wonder what the situation is if you give your partner a lift to the station, then return home (either because *you* work from home, are
    retired, or whatever).

    If you act as a taxi driver you should insure as a taxi driver :-)

    --- SoupGate-Win32 v1.05
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  • From JNugent@21:1/5 to Roland Perry on Tue Jan 9 15:23:37 2024
    On 09/01/2024 09:23 am, Roland Perry wrote:

    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    Jan  2024, JNugent <jnugent@mail.com> remarked:

    [in response to:]
    They also separately recently introduced a new "Health and
    Safety"  element to the organisation's transport policy that if I >>>>>>> were to  break down while undergoing a shuttle like that, I MUST >>>>>>> NOT attempt  to fix it myself at the roadside, but sit there
    awaiting a  professional repair service such as AA/RAC.
    It did vaguely cross my mind that perhaps I should have put the
    cost  of obtaining the latter on my expenses, and now maybe even >>>>>>> have put  this extra cost of basic insurance on as well. ie Not >>>>>>> just the extra  cost of the 'business use' itself, but the cost >>>>>>> of the policy not  being covered by GIPP.

    [and:]
    But that would hardly be an expense exclusively for work, unless
    you  kept two policies?

    [and:]
     Yes it would because he'd (technically) need a "Fleet Policy"
    which  is  classed as a business expense.  Please feel free to ask >>>>> HMRC if  you  don't believe me, but I can save you the time and
    trouble as I  have  asked them in the past.  (For the
    self-employed, they include  "breakdown  cover on a vehicle as an
    allowable expense here:
    https://www.gov.uk/expenses-if-youre-self-employed/travel)

    I used to prefer to just claim the 45p a mile for business miles,
    which would cover fuel and a proportion of insurance, road tax,
    servicing, repairs and spares.

     Which completely and utterly misses the point. The breakdown
    insurance was required *in case* I *were* ever to be assigned to
    a different workplace in accordance with the employment contract.
     In almost six years it never happened. So zero x 45p/mile is ***ZERO***

    So... what IS "the point"?

    That the company travel policy imposed a cost on me that I couldn't
    claim. Unless you think I could include it as a deductible expense on
    my self-assessment tax form, which I very much doubt.

    That was not the "point" which I was addressing.

    As I said:

    The sub-thread is about how to account to HMRC for business travel
    expenses incurred in use of a car.

    Amongst other things.

    No. It was about how to account to HMRC for business travel expenses
    incurred in use of a car and nothing else. The wider thread may well
    have been about more things. I had made no comment on those.

    It follows that *I* had not "missed the point", though there could
    clearly be reason to suspect that someone else had.

    On that wider point, though, the Treasury-approved rate of 45p a mile
    for the first 10,000 miles of business travel in a private car does
    cover all allowable expenses, which includes AA, RAC or similar membership.

    It is a reasonable expense a prudent driver neither avoids nor resents,
    whether or not his employer is telling him he has to have it.

    In extremis, he can always decline to use his own car for business
    purposes and ask to be provided with a rental car for each separate use.

    JN (AA member for just on 52 years).

    --- SoupGate-Win32 v1.05
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  • From JNugent@21:1/5 to Roland Perry on Tue Jan 9 15:27:19 2024
    On 09/01/2024 09:41 am, Roland Perry wrote:
    In message <df7opi51am31dmnu96ovm0kmjqdmq1db80@4ax.com>, at 16:15:59 on
    Mon, 8 Jan 2024, Mark Goodge <usenet@listmail.good-stuff.co.uk> remarked:
    On Mon, 8 Jan 2024 14:29:38 +0000, Norman Wells <hex@unseen.ac.am> wrote: >>>
    What is does actually say is this:

    "With LV= Car Insurance we define SD&P as including driving to a single
    workplace, provided there are no business-related stops made during the
    journey."

    So don't do: Home-SingleWorkplace-OffSiteMeeting-Home. My wife used to
    do that quite a lot, because part of her job description was organising
    (and attending) off-site meetings for groups of social housing tenants
    to have an opportunity to be consulted in person by members of the
    housing department. Who of course would *also* be doing a triangular
    trip like that.

    "We".

    That's a very important word. It means that LV are explicitly stating
    that
    this definition is specific to them. There is, therefore, no expectation
    that it will necessarily apply to other insurers.

    Historically, SD&P did not include commuting. It is becoming more
    common for
    it to do so. But it is still a long way from the norm. What is
    becoming more
    common is for insurers to simply no longer sell pure SD&P, and instead
    make
    SDP&C the basic level of cover.

    But without it necessarily covering the drivers between home and the
    station, if going to a meeting with a third party in London.

    And what about volunteers, for example car park marshalls during Covid vaccination sessions. Is driving to that, *commuting* or not?

    How can a volunteer have a place of work ("volunteer" and "work" being
    terms of art in that sentence)?

    Of course, a volunteer may have a place of work as well. But the site at
    which the volunteered actions are performed is not it. Or at least, not
    on the days when he is not at his normal work.

    --- SoupGate-Win32 v1.05
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  • From Mark Goodge@21:1/5 to All on Tue Jan 9 16:06:55 2024
    On Tue, 9 Jan 2024 02:25:31 -0000, Tim Jackson <news@timjackson.invalid>
    wrote:

    On Mon, 8 Jan 2024 23:50:38 -0000 (UTC), Jon Ribbens wrote...

    On 2024-01-08, The Todal <the_todal@icloud.com> wrote:
    My Certificate of Motor Insurance says:

    Use for social, domestic and pleasure purposes.
    EXCLUSIONS - The policy does not cover use for commuting, any business >> >>> purpose, any purpose in connection with the motor trade, carriage of
    passengers or goods for hire or reward, or for hiring, racing,
    competitions, rallies, trials, pace-making or speed testing.

    [snip]

    So does that mean that someone who has a SD&P policy and is commuting
    to work is unknowingly committing a criminal offence ten times a week?
    That seems a bit harsh.

    It's been noted that different insurers treat things in different ways.
    My SD&P policy would cover commuting automatically, but Todal's insurer >apparently sees it as separate.

    So does mine, although it doesn't affect the premium.

    Mark

    --- SoupGate-Win32 v1.05
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  • From The Todal@21:1/5 to Fredxx on Tue Jan 9 20:32:00 2024
    On 08/01/2024 20:54, Fredxx wrote:
    On 08/01/2024 19:25, The Todal wrote:
    On 07/01/2024 21:29, Norman Wells wrote:
    On 07/01/2024 19:49, Simon Parker wrote:
    On 07/01/2024 12:16, Roland Perry wrote:
    In message <kvom67Fgb5vU1@mid.individual.net>, at 21:27:33 on Thu,
    4 Jan 2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    The magic phrase to plug into Google (or another search engine of
    your choosing) is GIPP (General Insurance Pricing Practices).

    This is a system created and monitored by the FCA following
    consultation with relevant stakeholders.  Insurers have to make
    annual returns to the FCA to prove they are complying.

    It essentially says that renewal quote proffered to existing
    customers must be the same as the "Equivalent New Business Price"
    (ENBP), i.e. the price proffered to a new customer in precisely
    the same circumstances as the existing policyholder.

    However, there are a number of caveats.  For example, it is only
    for "consumer" policies.  So if you have 'business use' on *any*
    vehicle on the policy, GIPP doesn't apply.

    That's interesting, I think I might still have "business use" on my
    car because although I finally retired from the job just before
    Xmas the employer insisted I had it, just in case when triggering
    their "you must be prepared to work anywhere at any time, if we
    have a crisis" clause in the employment contract it would involve
    me driving during work hours from one of their locations to another
    (rather than walking or getting the largely non-existent bus).

    I recommend checking the class of insurance cover you have.

    Social, Domestic and Pleasure *DOES NOT* cover travel to and from work, >>>
    Generally, it does.  For example:

    "Social, domestic, and pleasure (SD&P) refers to an insurance policy
    that permits personal trips in your car. It includes cover for
    everyday activities such as driving to the shops, visiting family, or
    commuting between home and work".

    https://www.lv.com/car-insurance/for-car-insurance-what-is-our-definition-of-social-domestic-and-pleasure-including-commuting





    Well, just fancy that. My motor insurance policy last year was with
    that same LV (Liverpool Victoria) and I stipulated social, domestic
    and pleasure.

    Here's what my certificate of motor insurance says:

    Limitations as to use
    Social, domestic and pleasure use, excluding travelling to work.

    That's an admission that "Social, domestic and pleasure use" included travelling to work, and that the policy specifically excludes
    "travelling to work".

    If "Social, domestic and pleasure use" didn't include ""travelling to
    work"" there would be no need to mention it.

    unquote. So, Norman, you've made an elementary mistake. You've
    referenced a page which gives a definition of "social domestic and
    pleasure including commuting" and you've assumed, illogically, that
    social domestic and pleasure always includes commuting.

    I don't agree. The link specifically says "Social, domestic, and
    pleasure (SD&P) refers to an insurance policy that permits personal
    trips in your car. It includes cover for everyday activities such as
    driving to the shops, visiting family, or commuting between home and
    work." It then goes on to provide exclusions.

    While I might accept there might be variations of perceived SD&P, LV
    provide their definition of SD&P, and that it *always* includes commuting.

    Any exclusion regards commuting has to be written in the policy, as is
    yours.

    I'm sorry, while I initially thought NW was wrong, in this case it you
    who has made an elementary mistake.




    I think the LV page cited might have been badly drafted and you could
    blame the web designer rather than the underwriters. The fact is, social domestic and pleasure does not automatically include commuting (aka
    travelling to and from work). Maybe it did in the past, for some motor insurers, and maybe the need to make premiums more competitive has led
    to a more inflexible definition nowadays.

    See instead this page:

    https://www.lv.com/car-insurance/existing-customers/claim/claim-considerations

    quote:

    Check your certificate of motor insurance to see what cover you have on
    your policy. This is located under section 6 of the certificate. The
    options for use are: Use for social, domestic and pleasure purposes
    excluding commuting to work ; Use for social, domestic and pleasure
    purposes including commuting to a single place of work, provided no
    business visits are made on the way ; and Use for social, domestic and
    pleasure purposes and also additional business use, both including and excluding commercial travelling.
    unquote

    Or you could look at the relevant page for Admiral Insurance:

    https://www.admiral.com/magazine/guides/car-insurance/which-class-of-use

    quote

    The class of use described as Social, Domestic and Pleasure covers the
    drivers named on the policy for normal day to day driving. Shopping,
    visiting friends or family and pleasure driving such as going to the
    park or on holiday.

    For Admiral, this doesn't include commuting to work, but some insurers
    only offer a combined class of use called Social, Domestic, Pleasure and Commuting. It’s best to check when you’re getting a quote to be sure of
    the cover you’re getting.

    --- SoupGate-Win32 v1.05
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  • From JNugent@21:1/5 to Anthony R. Gold on Wed Jan 10 00:03:45 2024
    On 09/01/2024 02:40 pm, Anthony R. Gold wrote:
    On Tue, 9 Jan 2024 09:47:08 +0000, Roland Perry <roland@perry.uk> wrote:

    In message <l04dssFgb5vU8@mid.individual.net>, at 08:19:40 on Tue, 9 Jan
    2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    There's "Social, Domestic and Pleasure", with an invisible "only" on
    the end, which some insurers abbreviate as "Social".

    This cover does not include travelling to and from work, nor for that
    matter driving to a train station and leaving the car in the car park
    there and catching a train to work as that too is classed as "Commuting". >>
    I wonder what the situation is if you give your partner a lift to the
    station, then return home (either because *you* work from home, are
    retired, or whatever).

    If you act as a taxi driver you should insure as a taxi driver :-)

    You can't.

    Not unless you *are* a taxi-driver.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roland Perry@21:1/5 to to fix the fault "anti-emissions co on Wed Jan 10 06:45:39 2024
    In message <l056nnFp178U1@mid.individual.net>, at 15:23:37 on Tue, 9 Jan
    2024, JNugent <jnugent@mail.com> remarked:
    On 09/01/2024 09:23 am, Roland Perry wrote:

    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    Jan 2024, JNugent <jnugent@mail.com> remarked:

    [in response to:]
    They also separately recently introduced a new "Health and >>>>>>>>Safety" element to the organisation's transport policy that if >>>>>>>>I were to break down while undergoing a shuttle like that, I >>>>>>>>MUST NOT attempt to fix it myself at the roadside, but sit >>>>>>>>there awaiting a professional repair service such as AA/RAC.
    It did vaguely cross my mind that perhaps I should have put the >>>>>>>>cost of obtaining the latter on my expenses, and now maybe even >>>>>>>>have put this extra cost of basic insurance on as well. ie Not >>>>>>>>just the extra cost of the 'business use' itself, but the cost >>>>>>>>of the policy not being covered by GIPP.

    [and:]
    But that would hardly be an expense exclusively for work, unless >>>>>>>you kept two policies?

    [and:]
    Yes it would because he'd (technically) need a "Fleet Policy" >>>>>>which is classed as a business expense. Please feel free to ask >>>>>>HMRC if you don't believe me, but I can save you the time and >>>>>>trouble as I have asked them in the past. (For the >>>>>>self-employed, they include "breakdown cover on a vehicle as an >>>>>>allowable expense here: https://www.gov.uk/expenses-if-youre-self-employed/travel)

    I used to prefer to just claim the 45p a mile for business miles, >>>>>which would cover fuel and a proportion of insurance, road tax, >>>>>servicing, repairs and spares.

    Which completely and utterly misses the point. The breakdown
    insurance was required *in case* I *were* ever to be assigned to
    a different workplace in accordance with the employment contract.
    In almost six years it never happened. So zero x 45p/mile is ***ZERO*** >>
    So... what IS "the point"?

    That the company travel policy imposed a cost on me that I couldn't >>claim. Unless you think I could include it as a deductible expense on
    my self-assessment tax form, which I very much doubt.

    That was not the "point" which I was addressing.

    As I said:

    The sub-thread is about how to account to HMRC for business travel >>>expenses incurred in use of a car.

    Amongst other things.

    No. It was about how to account to HMRC for business travel expenses
    incurred in use of a car and nothing else. The wider thread may well
    have been about more things. I had made no comment on those.

    It follows that *I* had not "missed the point", though there could
    clearly be reason to suspect that someone else had.

    On that wider point, though, the Treasury-approved rate of 45p a mile
    for the first 10,000 miles of business travel in a private car does
    cover all allowable expenses, which includes AA, RAC or similar
    membership.

    It is a reasonable expense a prudent driver neither avoids nor resents, >whether or not his employer is telling him he has to have it.

    I have only ever called out roadside assistance once in my lifetime, and
    it was a really nice chap from RAC who took most of the day to arrive.
    And all he could do was give me a tow to a garage, who then took a week
    to fix the fault "anti-emissions computer says NO".

    In extremis, he can always decline to use his own car for business
    purposes and ask to be provided with a rental car for each separate use.

    No, my quite recently-ex employer didn't have a scheme for that, and in
    effect said "if you want to work for us you MUST have a car which is
    suitably (both for driving and breakdowns) insured, at your expense"


    The icing on the cake is they also had an over-subscribed car park at
    HQ, so only about half the staff had an allocated space.

    JN (AA member for just on 52 years).



    --
    Roland Perry

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  • From Mark Goodge@21:1/5 to JNugent on Wed Jan 10 09:48:21 2024
    On Wed, 10 Jan 2024 00:03:45 +0000, JNugent <jnugent@mail.com> wrote:

    On 09/01/2024 02:40 pm, Anthony R. Gold wrote:

    If you act as a taxi driver you should insure as a taxi driver :-)

    You can't.

    Not unless you *are* a taxi-driver.

    You can, and in fact you must, if you wish to become a taxi driver. Bearing
    in mind that it's the vehicle which is insured, not the driver, most
    licensing authorities have a rule that you have to have the appropriate insurance in place before applying for a hackney or private hire licence. To quote from my authority's licensing policy:

    Before a licence to use a vehicle as a hackney carriage can be issued, the
    applicant must have submitted all of the following:

    * Completed application form
    * A current MOT certificate issued within the previous 30 days.
    * Valid insurance showing the vehicle is insured for use for hire and
    reward for public hire or in accordance with a hackney carriage
    licence.
    [...]

    https://www.worcsregservices.gov.uk/media/hvkh00hc/wdc-taxi-and-private-hire-licensing-policy-with-effect-01-08-2023.pdf

    So the insurance comes first, before the licence. If the licence application fails, for any reason, then the additional expense on the insurance will be wasted. But that's not the council's problem.

    Mark

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  • From JNugent@21:1/5 to Mark Goodge on Wed Jan 10 15:07:27 2024
    On 10/01/2024 09:48 am, Mark Goodge wrote:

    On Wed, 10 Jan 2024 00:03:45 +0000, JNugent <jnugent@mail.com> wrote:
    On 09/01/2024 02:40 pm, Anthony R. Gold wrote:

    If you act as a taxi driver you should insure as a taxi driver :-)

    You can't.
    Not unless you *are* a taxi-driver.

    You can, and in fact you must, if you wish to become a taxi driver***. Bearing
    in mind that it's the vehicle which is insured, not the driver, most licensing authorities have a rule that you have to have the appropriate insurance in place before applying for a hackney or private hire licence.

    I can't see how that can be true.

    In general terms, because of double-shifting, about half of taxi-drivers
    in E&W do not own the taxi they drive. It might be only 40%. It might be
    as much as 60%. But it's a significant proportion.

    You can't get insurance for a vehicle you don't own. And neither do you
    have any responsibility for doing so.

    To quote from my authority's licensing policy:

    Before a licence to use a vehicle as a hackney carriage can be issued, the
    applicant must have submitted all of the following:

    * Completed application form
    * A current MOT certificate issued within the previous 30 days.
    * Valid insurance showing the vehicle is insured for use for hire and
    reward for public hire or in accordance with a hackney carriage
    licence.
    [...]

    That is an application by the PROPRIETOR, not by a driver (see *** above).

    https://www.worcsregservices.gov.uk/media/hvkh00hc/wdc-taxi-and-private-hire-licensing-policy-with-effect-01-08-2023.pdf

    So the insurance comes first, before the licence.

    For the *vehicle* and the *proprietor*, that's obviously true (though
    the insurance conditions certainly include a requirement that any driver
    must hold the appropriate licence from what used to be the Public
    Carriage Office or from the district council outside London, with minor exceptions for mechanics and others servicing, repairing and
    administering the use of the vehicle.

    If the licence application
    fails, for any reason, then the additional expense on the insurance will be wasted. But that's not the council's problem.

    Since it doesn't fall on a non-proprietor driver, that doesn't matter at
    all. Or not as much as you are claiming. Think about it.

    The person liable for payment of the insurance premiums is the
    proprietor of the taxi who himself may not even have a driving licence,
    let alone a taxi-driver's licence, Indeed, the proprietor can even be a
    limited company (and often is).

    NB: None of the above relates to the pirate trade, euphemistically
    referred to as "private hire". I make no comment on that because the entanglement of personal versus business use of the vehicle (which a
    driver licence applicant may already be using as his private car) is
    fairly obvious and is completely different from the legitimate licenced
    taxi industry.

    --- SoupGate-Win32 v1.05
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  • From JNugent@21:1/5 to Roland Perry on Wed Jan 10 14:54:08 2024
    On 10/01/2024 06:45 am, Roland Perry wrote:
    In message <l056nnFp178U1@mid.individual.net>, at 15:23:37 on Tue, 9 Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 09/01/2024 09:23 am, Roland Perry wrote:

    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    Jan  2024, JNugent <jnugent@mail.com> remarked:

    [in response to:]
    They also separately recently introduced a new "Health and
    Safety"  element to the organisation's transport policy that if >>>>>>>>> I  were to  break down while undergoing a shuttle like that, I >>>>>>>>> MUST  NOT attempt  to fix it myself at the roadside, but sit >>>>>>>>> there  awaiting a  professional repair service such as AA/RAC. >>>>>>>>> It did vaguely cross my mind that perhaps I should have put the >>>>>>>>> cost  of obtaining the latter on my expenses, and now maybe >>>>>>>>> even have put  this extra cost of basic insurance on as well. >>>>>>>>> ie Not just the extra  cost of the 'business use' itself, but >>>>>>>>> the cost of the policy not  being covered by GIPP.

    [and:]
    But that would hardly be an expense exclusively for work, unless >>>>>>>> you  kept two policies?

    [and:]
     Yes it would because he'd (technically) need a "Fleet Policy"
    which  is  classed as a business expense.  Please feel free to >>>>>>> ask HMRC if  you  don't believe me, but I can save you the time >>>>>>> and trouble as I  have  asked them in the past.  (For the
    self-employed, they include  "breakdown  cover on a vehicle as an >>>>>>> allowable expense here:
    https://www.gov.uk/expenses-if-youre-self-employed/travel)

    I used to prefer to just claim the 45p a mile for business miles,
    which would cover fuel and a proportion of insurance, road tax,
    servicing, repairs and spares.

     Which completely and utterly misses the point. The breakdown
    insurance was required *in case* I *were* ever to be assigned to
    a different workplace in accordance with the employment contract.
     In almost six years it never happened. So zero x 45p/mile is
    ***ZERO***

    So... what IS "the point"?

     That the company travel policy imposed a cost on me that I couldn't
    claim. Unless you think I could include it as a deductible expense on
    my self-assessment tax form, which I very much doubt.

    That was not the "point" which I was addressing.

    As I said:

    The sub-thread is about how to account to HMRC for business travel
    expenses incurred in use of a car.

    Amongst other things.

    No. It was about how to account to HMRC for business travel expenses
    incurred in use of a car and nothing else. The wider thread may well
    have been about more things. I had made no comment on those.

    It follows that *I* had not "missed the point", though there could
    clearly be reason to suspect that someone else had.

    On that wider point, though, the Treasury-approved rate of 45p a mile
    for the first 10,000 miles of business travel in a private car does
    cover all allowable expenses, which includes AA, RAC or similar
    membership.

    It is a reasonable expense a prudent driver neither avoids nor
    resents, whether or not his employer is telling him he has to have it.

    I have only ever called out roadside assistance once in my lifetime, and
    it was a really nice chap from RAC who took most of the day to arrive.
    And all he could do was give me a tow to a garage, who then took a week
    to fix the fault "anti-emissions computer says NO".

    You may not have thought of it this way... but you've been lucky.

    Would you complain about never having been burgled despite paying for
    household contents insurance every year?

    In extremis, he can always decline to use his own car for business
    purposes and ask to be provided with a rental car for each separate use.

    No, my quite recently-ex employer didn't have a scheme for that, and in effect said "if you want to work for us you MUST have a car which is
    suitably (both for driving and breakdowns) insured, at your expense"

    Did the employer pay you mileage-based travel expenses for the business
    use of your car?

    The icing on the cake is they also had an over-subscribed car park at
    HQ, so only about half the staff had an allocated space.

    Been there. Done that.

    The best place at which I ever worked for getting a car-park space (in a
    secure underground car-park) was, believe it or not, in London WC2. It
    was just getting from home to and from there that was the fly in that particular ointment.

    JN (AA member for just on 52 years).

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  • From Sam Plusnet@21:1/5 to JNugent on Wed Jan 10 19:21:50 2024
    On 10-Jan-24 0:03, JNugent wrote:
    On 09/01/2024 02:40 pm, Anthony R. Gold wrote:
    On Tue, 9 Jan 2024 09:47:08 +0000, Roland Perry <roland@perry.uk> wrote:

    In message <l04dssFgb5vU8@mid.individual.net>, at 08:19:40 on Tue, 9 Jan >>> 2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    There's "Social, Domestic and Pleasure", with an invisible "only" on
    the end, which some insurers abbreviate as "Social".

    This cover does not include travelling to and from work, nor for that
    matter driving to a train station and leaving the car in the car park
    there and catching a train to work as that too is classed as
    "Commuting".

    I wonder what the situation is if you give your partner a lift to the
    station, then return home (either because *you* work from home, are
    retired, or whatever).

    If you act as a taxi driver you should insure as a taxi driver :-)

    You can't.

    Not unless you *are* a taxi-driver.

    Yesterday I followed a car which had a notice in the rear window saying
    "Nan's Taxi".

    Some people just don't think this stuff through.

    --
    Sam Plusnet

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  • From Mark Goodge@21:1/5 to JNugent on Wed Jan 10 20:27:50 2024
    On Wed, 10 Jan 2024 15:07:27 +0000, JNugent <jnugent@mail.com> wrote:

    On 10/01/2024 09:48 am, Mark Goodge wrote:

    On Wed, 10 Jan 2024 00:03:45 +0000, JNugent <jnugent@mail.com> wrote:
    On 09/01/2024 02:40 pm, Anthony R. Gold wrote:

    If you act as a taxi driver you should insure as a taxi driver :-)

    You can't.
    Not unless you *are* a taxi-driver.

    You can, and in fact you must, if you wish to become a taxi driver***. Bearing
    in mind that it's the vehicle which is insured, not the driver, most
    licensing authorities have a rule that you have to have the appropriate
    insurance in place before applying for a hackney or private hire licence.

    I can't see how that can be true.

    In general terms, because of double-shifting, about half of taxi-drivers
    in E&W do not own the taxi they drive. It might be only 40%. It might be
    as much as 60%. But it's a significant proportion.

    You can't get insurance for a vehicle you don't own. And neither do you
    have any responsibility for doing so.

    But if you don't own the vehicle you don't insure it anyway. The comment
    above related to someone using their own car in order to provide a taxi service. In which case, it is entirely correct to say that it should be
    insured as a taxi, and if the person wants it to be licensed as a taxi then they will neeed to do that first before applying for the licence.

    Mark

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  • From Mark Goodge@21:1/5 to Sam Plusnet on Wed Jan 10 20:37:50 2024
    On Wed, 10 Jan 2024 19:21:50 +0000, Sam Plusnet <not@home.com> wrote:

    On 10-Jan-24 0:03, JNugent wrote:

    Not unless you *are* a taxi-driver.

    Yesterday I followed a car which had a notice in the rear window saying >"Nan's Taxi".

    Some people just don't think this stuff through.

    "Taxi" and "Taxi Driver" are not protected titles. So anyone can call themselves a taxi driver, and call their car a taxi, if they want.

    What they can't do, without being licensed and insured, is charge anyone to ride in it.

    Of course, if we're going to be pedantic, then the cars labelled "Dad's
    taxi" etc are not actually acting as taxis anyway, since they don't drive around the streets waiting for a family member to flag them down. What
    they're doing is more akin to private hire, whereby they only make
    pre-booked trips or respond to phone calls (or SMS/FBM/WhatsApp messages) booking a ride home :-)

    Mark

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  • From JNugent@21:1/5 to Mark Goodge on Thu Jan 11 01:58:28 2024
    On 10/01/2024 08:37 pm, Mark Goodge wrote:

    Sam Plusnet <not@home.com> wrote:
    JNugent wrote:

    Not unless you *are* a taxi-driver.

    Yesterday I followed a car which had a notice in the rear window saying
    "Nan's Taxi".
    Some people just don't think this stuff through.

    "Taxi" and "Taxi Driver" are not protected titles. So anyone can call themselves a taxi driver, and call their car a taxi, if they want.

    Not if they are doing so with signage or livery displayed to mark the
    vehicle as for immediate hire.

    What they can't do, without being licensed and insured, is charge anyone to ride in it.

    Well, duh!

    Of course, if we're going to be pedantic, then the cars labelled "Dad's
    taxi" etc are not actually acting as taxis anyway, since they don't drive around the streets waiting for a family member to flag them down. What they're doing is more akin to private hire, whereby they only make
    pre-booked trips or respond to phone calls (or SMS/FBM/WhatsApp messages) booking a ride home :-)

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  • From Roland Perry@21:1/5 to All on Thu Jan 11 07:18:29 2024
    In message <l077hkFgb5vU10@mid.individual.net>, at 09:49:39 on Wed, 10
    Jan 2024, Simon Parker <simonparkerulm@gmail.com> remarked:
    On 09/01/2024 09:47, Roland Perry wrote:
    In message <l04dssFgb5vU8@mid.individual.net>, at 08:19:40 on Tue, 9
    Jan 2024, Simon Parker <simonparkerulm@gmail.com> remarked:

    There's "Social, Domestic and Pleasure", with an invisible "only" on
    the end, which some insurers abbreviate as "Social".

    This cover does not include travelling to and from work, nor for
    that matter driving to a train station and leaving the car in the
    car park there and catching a train to work as that too is classed
    as "Commuting".

    I wonder what the situation is if you give your partner a lift to
    the station, then return home (either because *you* work from home,
    are retired, or whatever).

    According to LV=, (and I know because I've asked them previously),
    giving your partner an occasional lift to work or the station is
    domestic use. However, if it is expected to happen regularly[1],

    I did it every working day for a year.

    it should be declared to the insurer as they will probably want class 2 >business use for both partners.

    Although I didn't declare that specific usage, we both did have that
    insurance as a hangover from previous working patterns.

    Regards

    S.P.

    [1] Note their use of the word "regularly" rather than "frequently". It
    might be that the husband gives the wife a lift to the station when
    she's in the office every Wednesday. This is a "regular" trip and
    should be declared.


    --
    Roland Perry

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  • From Roland Perry@21:1/5 to All on Thu Jan 11 07:14:33 2024
    In message <l07q5fF92v7U1@mid.individual.net>, at 15:07:27 on Wed, 10
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 10/01/2024 09:48 am, Mark Goodge wrote:

    On Wed, 10 Jan 2024 00:03:45 +0000, JNugent <jnugent@mail.com> wrote:
    On 09/01/2024 02:40 pm, Anthony R. Gold wrote:

    If you act as a taxi driver you should insure as a taxi driver :-)

    You can't.
    Not unless you *are* a taxi-driver.

    You can, and in fact you must, if you wish to become a taxi
    driver***. Bearing
    in mind that it's the vehicle which is insured, not the driver, most
    licensing authorities have a rule that you have to have the appropriate
    insurance in place before applying for a hackney or private hire licence.

    I can't see how that can be true.

    In general terms, because of double-shifting, about half of
    taxi-drivers in E&W do not own the taxi they drive. It might be only
    40%. It might be as much as 60%. But it's a significant proportion.

    You can't get insurance for a vehicle you don't own.

    Don't be ridiculous. Apart from the millions of ordinary cars owned by
    leasing companies, you can get insurance for a car owned by a friend
    who is willing to loan it to you.

    And neither do you have any responsibility for doing so.

    To quote from my authority's licensing policy:
    Before a licence to use a vehicle as a hackney carriage can be
    issued, the
    applicant must have submitted all of the following:
    * Completed application form
    * A current MOT certificate issued within the previous 30 days.
    * Valid insurance showing the vehicle is insured for use for hire and
    reward for public hire or in accordance with a hackney carriage
    licence.
    [...]

    That is an application by the PROPRIETOR, not by a driver (see *** above).

    https://www.worcsregservices.gov.uk/media/hvkh00hc/wdc-taxi-and-private >>-hire-licensing-policy-with-effect-01-08-2023.pdf
    So the insurance comes first, before the licence.

    For the *vehicle* and the *proprietor*, that's obviously true (though
    the insurance conditions certainly include a requirement that any
    driver must hold the appropriate licence from what used to be the
    Public Carriage Office or from the district council outside London,
    with minor exceptions for mechanics and others servicing, repairing and >administering the use of the vehicle.

    If the licence application
    fails, for any reason, then the additional expense on the insurance will be >> wasted. But that's not the council's problem.

    Since it doesn't fall on a non-proprietor driver, that doesn't matter
    at all. Or not as much as you are claiming. Think about it.

    The person liable for payment of the insurance premiums is the
    proprietor of the taxi who himself may not even have a driving licence,
    let alone a taxi-driver's licence, Indeed, the proprietor can even be a >limited company (and often is).

    NB: None of the above relates to the pirate trade, euphemistically
    referred to as "private hire". I make no comment on that because the >entanglement of personal versus business use of the vehicle (which a
    driver licence applicant may already be using as his private car) is
    fairly obvious and is completely different from the legitimate licenced
    taxi industry.



    --
    Roland Perry

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  • From Roland Perry@21:1/5 to All on Thu Jan 11 07:10:36 2024
    In message <l07pcgF8v40U1@mid.individual.net>, at 14:54:08 on Wed, 10
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 10/01/2024 06:45 am, Roland Perry wrote:
    In message <l056nnFp178U1@mid.individual.net>, at 15:23:37 on Tue, 9
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 09/01/2024 09:23 am, Roland Perry wrote:

    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    Jan 2024, JNugent <jnugent@mail.com> remarked:

    [in response to:]

    They also separately recently introduced a new "Health and >>>>>>>>>>Safety" element to the organisation's transport policy that >>>>>>>>>>if I were to break down while undergoing a shuttle like >>>>>>>>>>that, I MUST NOT attempt to fix it myself at the roadside, >>>>>>>>>>but sit there awaiting a professional repair service such as AA/RAC.

    It did vaguely cross my mind that perhaps I should have put >>>>>>>>>>the cost of obtaining the latter on my expenses, and now >>>>>>>>>>maybe even have put this extra cost of basic insurance on as >>>>>>>>>>well. ie Not just the extra cost of the 'business use' >>>>>>>>>>itself, but the cost of the policy not being covered by GIPP.

    [and:]
    But that would hardly be an expense exclusively for work, >>>>>>>>>unless you kept two policies?

    [and:]
    Yes it would because he'd (technically) need a "Fleet Policy" >>>>>>>>which is classed as a business expense. Please feel free to >>>>>>>>ask HMRC if you don't believe me, but I can save you the time >>>>>>>>and trouble as I have asked them in the past. (For the >>>>>>>>self-employed, they include "breakdown cover on a vehicle as >>>>>>>>an allowable expense here: https://www.gov.uk/expenses-if-youre-self-employed/travel)

    I used to prefer to just claim the 45p a mile for business >>>>>>>miles, which would cover fuel and a proportion of insurance, >>>>>>>road tax, servicing, repairs and spares.

    Which completely and utterly misses the point. The breakdown
    insurance was required *in case* I *were* ever to be assigned to
    a different workplace in accordance with the employment contract.
    In almost six years it never happened. So zero x 45p/mile is >>>>>>***ZERO***

    So... what IS "the point"?

    That the company travel policy imposed a cost on me that I
    couldn't claim. Unless you think I could include it as a deductible >>>>expense on
    my self-assessment tax form, which I very much doubt.

    That was not the "point" which I was addressing.

    As I said:

    The sub-thread is about how to account to HMRC for business travel >>>>>expenses incurred in use of a car.

    Amongst other things.

    No. It was about how to account to HMRC for business travel expenses >>>incurred in use of a car and nothing else. The wider thread may well
    have been about more things. I had made no comment on those.

    It follows that *I* had not "missed the point", though there could >>>clearly be reason to suspect that someone else had.

    On that wider point, though, the Treasury-approved rate of 45p a
    mile for the first 10,000 miles of business travel in a private car
    does cover all allowable expenses, which includes AA, RAC or similar >>>membership.

    It is a reasonable expense a prudent driver neither avoids nor
    resents, whether or not his employer is telling him he has to have it.
    I have only ever called out roadside assistance once in my lifetime,
    and it was a really nice chap from RAC who took most of the day to
    arrive. And all he could do was give me a tow to a garage, who then
    took a week to fix the fault "anti-emissions computer says NO".

    You may not have thought of it this way... but you've been lucky.

    Although as an engineer I'm very much aware of impending hiccups, to get
    them fixed before the car breaks down.

    Would you complain about never having been burgled despite paying for >household contents insurance every year?

    In extremis, he can always decline to use his own car for business >>>purposes and ask to be provided with a rental car for each separate use.
    No, my quite recently-ex employer didn't have a scheme for that, and
    in effect said "if you want to work for us you MUST have a car which
    is suitably (both for driving and breakdowns) insured, at your expense"

    Did the employer pay you mileage-based travel expenses for the business
    use of your car?

    They would have done, if they ever required me to. But in six years they
    didn't triggered it.

    The icing on the cake is they also had an over-subscribed car park at
    HQ, so only about half the staff had an allocated space.

    Been there. Done that.

    One place I worked had a staff car park designed for about twenty, but
    every day was crammed with forty. There was a rule that if blocked in
    (which almost everyone was) we could demand the keys for the company car nearest the road, and use that instead of our own.
    --
    Roland Perry

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  • From JNugent@21:1/5 to Roland Perry on Thu Jan 11 10:05:19 2024
    On 11/01/2024 07:14 am, Roland Perry wrote:

    In message <l07q5fF92v7U1@mid.individual.net>, at 15:07:27 on Wed, 10
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 10/01/2024 09:48 am, Mark Goodge wrote:

    On Wed, 10 Jan 2024 00:03:45 +0000, JNugent <jnugent@mail.com> wrote:
    On 09/01/2024 02:40 pm, Anthony R. Gold wrote:

    If you act as a taxi driver you should insure as a taxi driver :-)

    You can't.
    Not unless you *are* a taxi-driver.

     You can, and in fact you must, if you wish to become a taxi
    driver***. Bearing
    in mind that it's the vehicle which is insured, not the driver, most
    licensing authorities have a rule that you have to have the appropriate
    insurance in place before applying for a hackney or private hire
    licence.

    I can't see how that can be true.

    In general terms, because of double-shifting, about half of
    taxi-drivers in E&W do not own the taxi they drive. It might be only
    40%. It might be as much as 60%. But it's a significant proportion.

    You can't get insurance for a vehicle you don't own.

    Don't be ridiculous. Apart from the millions of ordinary cars owned by leasing companies, you can get insurance for a car owned by a friend
    who is willing to loan it to you.

    Why, and for what possible LAWFUL reason, would the proprietor of a
    licenced taxi *lend* it to a friend who was not a licenced taxi driver?

    Think carefully. Remember that the hackney Road Tax rate is lower than
    for a car of equivalent power and kerbside weight and that the vehicle
    may not be used for SD&P purposes unless taxed "Private and Hackney".

    And neither do you have any responsibility for doing so.

    To quote from my authority's licensing policy:
        Before a licence to use a vehicle as a hackney carriage can be
    issued, the
       applicant must have submitted all of the following:
            * Completed application form
        * A current MOT certificate issued within the previous 30 days.

    I'd forgotten about that one: for authorities that have their own
    testing facilities (certainly including London and Liverpool and other
    larger metropolitan areas) there is no legal requirement for a taxi to
    have an MOT test. The system for testing long pre-dates the "Ten Year
    Test" instigated in 1960 and was recognised within the legislation
    requiring an MOT test.

        * Valid insurance showing the vehicle is insured for use for hire >>> and
          reward for public hire or in accordance with a hackney carriage >>>       licence.
       [...]

    That is an application by the PROPRIETOR, not by a driver (see ***
    above).

    https://www.worcsregservices.gov.uk/media/hvkh00hc/wdc-taxi-and-private
    -hire-licensing-policy-with-effect-01-08-2023.pdf
     So the insurance comes first, before the licence.

    For the *vehicle* and the *proprietor*, that's obviously true (though
    the insurance conditions certainly include a requirement that any
    driver must hold the appropriate licence from what used to be the
    Public Carriage Office or from the district council outside London,
    with minor exceptions for mechanics and others servicing, repairing
    and administering the use of the vehicle.

    If the licence application
    fails, for any reason, then the additional expense on the insurance
    will be
    wasted. But that's not the council's problem.

    Since it doesn't fall on a non-proprietor driver, that doesn't matter
    at all. Or not as much as you are claiming. Think about it.

    The person liable for payment of the insurance premiums is the
    proprietor of the taxi who himself may not even have a driving
    licence, let alone a taxi-driver's licence, Indeed, the proprietor can
    even be a limited company (and often is).

    NB: None of the above relates to the pirate trade, euphemistically
    referred to as "private hire". I make no comment on that because the
    entanglement of personal versus business use of the vehicle (which a
    driver licence applicant may already be using as his private car) is
    fairly obvious and is completely different from the legitimate
    licenced taxi industry.




    --- SoupGate-Win32 v1.05
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  • From JNugent@21:1/5 to Roland Perry on Thu Jan 11 10:06:53 2024
    On 11/01/2024 07:10 am, Roland Perry wrote:
    In message <l07pcgF8v40U1@mid.individual.net>, at 14:54:08 on Wed, 10
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 10/01/2024 06:45 am, Roland Perry wrote:
    In message <l056nnFp178U1@mid.individual.net>, at 15:23:37 on Tue, 9
    Jan  2024, JNugent <jnugent@mail.com> remarked:
    On 09/01/2024 09:23 am, Roland Perry wrote:

    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    Jan  2024, JNugent <jnugent@mail.com> remarked:

    [in response to:]

    They also separately recently introduced a new "Health and >>>>>>>>>>> Safety"  element to the organisation's transport policy that >>>>>>>>>>> if  I  were to  break down while undergoing a shuttle like >>>>>>>>>>> that, I  MUST  NOT attempt  to fix it myself at the roadside, >>>>>>>>>>> but sit  there  awaiting a  professional repair service such >>>>>>>>>>> as AA/RAC.

    It did vaguely cross my mind that perhaps I should have put >>>>>>>>>>> the  cost  of obtaining the latter on my expenses, and now >>>>>>>>>>> maybe  even have put  this extra cost of basic insurance on >>>>>>>>>>> as well.  ie Not just the extra  cost of the 'business use' >>>>>>>>>>> itself, but  the cost of the policy not  being covered by GIPP. >>>>>
    [and:]
    But that would hardly be an expense exclusively for work,
    unless  you  kept two policies?

    [and:]
     Yes it would because he'd (technically) need a "Fleet Policy" >>>>>>>>> which  is  classed as a business expense.  Please feel free to >>>>>>>>> ask HMRC if  you  don't believe me, but I can save you the time >>>>>>>>> and trouble as I  have  asked them in the past.  (For the >>>>>>>>> self-employed, they include  "breakdown  cover on a vehicle as >>>>>>>>> an allowable expense here:
    https://www.gov.uk/expenses-if-youre-self-employed/travel)

    I used to prefer to just claim the 45p a mile for business
    miles,  which would cover fuel and a proportion of insurance, >>>>>>>> road tax,  servicing, repairs and spares.

     Which completely and utterly misses the point. The breakdown
    insurance was required *in case* I *were* ever to be assigned to >>>>>>> a different workplace in accordance with the employment contract. >>>>>>>  In almost six years it never happened. So zero x 45p/mile is
    ***ZERO***

    So... what IS "the point"?

     That the company travel policy imposed a cost on me that I
    couldn't  claim. Unless you think I could include it as a
    deductible expense on
    my self-assessment tax form, which I very much doubt.

    That was not the "point" which I was addressing.

    As I said:

    The sub-thread is about how to account to HMRC for business travel >>>>>> expenses incurred in use of a car.

    Amongst other things.

    No. It was about how to account to HMRC for business travel expenses
    incurred in use of a car and nothing else. The wider thread may well
    have been about more things. I had made no comment on those.

    It follows that *I* had not "missed the point", though there could
    clearly be reason to suspect that someone else had.

    On that wider point, though, the Treasury-approved rate of 45p a
    mile  for the first 10,000 miles of business travel in a private car
    does  cover all allowable expenses, which includes AA, RAC or
    similar membership.

    It is a reasonable expense a prudent driver neither avoids nor
    resents, whether or not his employer is telling him he has to have it.
     I have only ever called out roadside assistance once in my lifetime,
    and  it was a really nice chap from RAC who took most of the day to
    arrive.  And all he could do was give me a tow to a garage, who then
    took a week  to fix the fault "anti-emissions computer says NO".

    You may not have thought of it this way... but you've been lucky.

    Although as an engineer I'm very much aware of impending hiccups, to get
    them fixed before the car breaks down.

    Would you complain about never having been burgled despite paying for
    household contents insurance every year?

    In extremis, he can always decline to use his own car for business
    purposes and ask to be provided with a rental car for each separate
    use.
     No, my quite recently-ex employer didn't have a scheme for that, and
    in  effect said "if you want to work for us you MUST have a car which
    is  suitably (both for driving and breakdowns) insured, at your expense" >>>
    Did the employer pay you mileage-based travel expenses for the
    business use of your car?

    They would have done, if they ever required me to. But in six years they didn't triggered it.

    So what was the problem?

    What level of authority were they exercising when "requiring" you to be
    an AA / RAC member?

    The icing on the cake is they also had an over-subscribed car park at
    HQ, so only about half the staff had an allocated space.

    Been there. Done that.

    One place I worked had a staff car park designed for about twenty, but
    every day was crammed with forty. There was a rule that if blocked in
    (which almost everyone was) we could demand the keys for the company car nearest the road, and use that instead of our own.

    What? To go home for the night in?

    --- SoupGate-Win32 v1.05
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  • From Roland Perry@21:1/5 to All on Thu Jan 11 15:09:46 2024
    In message <l09sttFlcfnU2@mid.individual.net>, at 10:06:53 on Thu, 11
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 11/01/2024 07:10 am, Roland Perry wrote:
    In message <l07pcgF8v40U1@mid.individual.net>, at 14:54:08 on Wed, 10
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 10/01/2024 06:45 am, Roland Perry wrote:
    In message <l056nnFp178U1@mid.individual.net>, at 15:23:37 on Tue,
    9 Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 09/01/2024 09:23 am, Roland Perry wrote:

    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    Jan 2024, JNugent <jnugent@mail.com> remarked:

    [in response to:]

    They also separately recently introduced a new "Health and >>>>>>>>>>>>Safety" element to the organisation's transport policy that >>>>>>>>>>>>if I were to break down while undergoing a shuttle like >>>>>>>>>>>>that, I MUST NOT attempt to fix it myself at the >>>>>>>>>>>>roadside, but sit there awaiting a professional repair >>>>>>>>>>>>service such as AA/RAC.

    It did vaguely cross my mind that perhaps I should have put >>>>>>>>>>>>the cost of obtaining the latter on my expenses, and now >>>>>>>>>>>>maybe even have put this extra cost of basic insurance on >>>>>>>>>>>>as well. ie Not just the extra cost of the 'business use' >>>>>>>>>>>>itself, but the cost of the policy not being covered by >>>>>>>>>>>>GIPP.

    [and:]
    But that would hardly be an expense exclusively for work, >>>>>>>>>>>unless you kept two policies?

    [and:]
    Yes it would because he'd (technically) need a "Fleet >>>>>>>>>>Policy" which is classed as a business expense. Please >>>>>>>>>>feel free to ask HMRC if you don't believe me, but I can >>>>>>>>>>save you the time and trouble as I have asked them in the >>>>>>>>>>past. (For the self-employed, they include "breakdown >>>>>>>>>>cover on a vehicle as an allowable expense here: >>>>>>>>>>https://www.gov.uk/expenses-if-youre-self-employed/travel)

    I used to prefer to just claim the 45p a mile for business >>>>>>>>>miles, which would cover fuel and a proportion of insurance, >>>>>>>>>road tax, servicing, repairs and spares.

    Which completely and utterly misses the point. The breakdown
    insurance was required *in case* I *were* ever to be assigned to >>>>>>>> a different workplace in accordance with the employment contract. >>>>>>>> In almost six years it never happened. So zero x 45p/mile is >>>>>>>>***ZERO***

    So... what IS "the point"?

    That the company travel policy imposed a cost on me that I >>>>>>couldn't claim. Unless you think I could include it as a >>>>>>deductible expense on
    my self-assessment tax form, which I very much doubt.

    That was not the "point" which I was addressing.

    As I said:

    The sub-thread is about how to account to HMRC for business >>>>>>>travel expenses incurred in use of a car.

    Amongst other things.

    No. It was about how to account to HMRC for business travel
    expenses incurred in use of a car and nothing else. The wider
    thread may well have been about more things. I had made no comment >>>>>on those.

    It follows that *I* had not "missed the point", though there could >>>>>clearly be reason to suspect that someone else had.

    On that wider point, though, the Treasury-approved rate of 45p a >>>>>mile for the first 10,000 miles of business travel in a private
    car does cover all allowable expenses, which includes AA, RAC or >>>>>similar membership.

    It is a reasonable expense a prudent driver neither avoids nor >>>>>resents, whether or not his employer is telling him he has to have >>>>>it.
    I have only ever called out roadside assistance once in my
    lifetime, and it was a really nice chap from RAC who took most of
    the day to arrive. And all he could do was give me a tow to a
    garage, who then took a week to fix the fault "anti-emissions >>>>computer says NO".

    You may not have thought of it this way... but you've been lucky.
    Although as an engineer I'm very much aware of impending hiccups, to
    get them fixed before the car breaks down.

    Would you complain about never having been burgled despite paying
    for household contents insurance every year?

    In extremis, he can always decline to use his own car for business >>>>>purposes and ask to be provided with a rental car for each separate >>>>>use.
    No, my quite recently-ex employer didn't have a scheme for that,
    and in effect said "if you want to work for us you MUST have a car >>>>which is suitably (both for driving and breakdowns) insured, at
    your expense"

    Did the employer pay you mileage-based travel expenses for the
    business use of your car?
    They would have done, if they ever required me to. But in six years
    they didn't triggered it.

    So what was the problem?

    That they required me to have the roadside assistance policy, at my own expense.

    What level of authority were they exercising when "requiring" you to be
    an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also contractually
    required to comply with.


    The icing on the cake is they also had an over-subscribed car park
    at HQ, so only about half the staff had an allocated space.

    Been there. Done that.

    One place I worked had a staff car park designed for about twenty,
    but every day was crammed with forty. There was a rule that if
    blocked in (which almost everyone was) we could demand the keys for
    the company car nearest the road, and use that instead of our own.

    What? To go home for the night in?

    Usually to run some business errand, for example taking something which
    needed shipping to the courier depot, or something to the bank.

    But it was long enough ago that we also had to take potential customers
    out to lunch abut once a week on average, and protocol dictated that was
    using our transport, not theirs.

    Something in that employer's company car policy said we MUST have at
    least a 4-door car (so if there were two customers to take to lunch
    they didn't have the indignity of crawling into the back seat). But mysteriously I managed to wangle a 3-door (now a classic).

    <https://www.motorsportmagazine.com/archive/article/october- 1979/46/the-talbot-sunbeam-lotus/>

    People only borrowed that once, coming back ashen-faced. But I knew how
    to steer it - a combination of front half with the steering wheel
    (opposite lock) and back end with the accelerator.

    10yrs later my wife's employer had a similar HR policy but didn't
    provide company cars, so it was at our expense. And they also had a
    clause saying the car we self-provided MUST NOT be more than 5yrs
    old - because that would reflect badly on the company.

    As I tended to buy 3yr old ex-company cars (at the local auction) this
    meant we had to churn them every two years. I got the last laugh because
    we generally had BMW 325's which were a bit lively too, and she spun one
    almost but not quite into the ditch.

    Classic cars weren't quite so much a thing then, but it might have been interesting to tweak their tail and say "What's wrong with a vintage
    Rolls Royce".
    --
    Roland Perry

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Mark Goodge@21:1/5 to JNugent on Thu Jan 11 16:47:50 2024
    On Thu, 11 Jan 2024 10:05:19 +0000, JNugent <jnugent@mail.com> wrote:

    On 10/01/2024 09:48 am, Mark Goodge wrote:

    To quote from my authority's licensing policy:
    Before a licence to use a vehicle as a hackney carriage can be
    issued, the
    applicant must have submitted all of the following:
    * Completed application form
    * A current MOT certificate issued within the previous 30 days.

    I'd forgotten about that one: for authorities that have their own
    testing facilities (certainly including London and Liverpool and other
    larger metropolitan areas) there is no legal requirement for a taxi to
    have an MOT test. The system for testing long pre-dates the "Ten Year
    Test" instigated in 1960 and was recognised within the legislation
    requiring an MOT test.

    They still need an MOT test certificate. Otherwise it will show up on the
    PNC and DVLA as not being street-legal. The next time you happen to spot a taxi, make a note of the registration and plug it in here:

    https://vehicleenquiry.service.gov.uk/

    Where the taxi vehicle test is carried out either by an in-house garage or authorised third-party, the taxi test includes all the elements necessary
    for the MOT test. So passing the taxi test automatically generates an MOT certificate as well as the local authority's certificate.

    Mark

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roland Perry@21:1/5 to All on Thu Jan 11 17:04:43 2024
    In message <l09sqvFlcfnU1@mid.individual.net>, at 10:05:19 on Thu, 11
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 11/01/2024 07:14 am, Roland Perry wrote:

    In message <l07q5fF92v7U1@mid.individual.net>, at 15:07:27 on Wed, 10
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 10/01/2024 09:48 am, Mark Goodge wrote:

    On Wed, 10 Jan 2024 00:03:45 +0000, JNugent <jnugent@mail.com> wrote: >>>>> On 09/01/2024 02:40 pm, Anthony R. Gold wrote:

    If you act as a taxi driver you should insure as a taxi driver :-)

    You can't.
    Not unless you *are* a taxi-driver.

    You can, and in fact you must, if you wish to become a taxi >>>>driver***. Bearing in mind that it's the vehicle which is insured,
    not the driver, most licensing authorities have a rule that you
    have to have the appropriate insurance in place before applying for
    a hackney or private hire licence.

    I can't see how that can be true.

    In general terms, because of double-shifting, about half of
    taxi-drivers in E&W do not own the taxi they drive. It might be only
    It might be as much as 60%. But it's a significant proportion.

    You can't get insurance for a vehicle you don't own.

    Don't be ridiculous. Apart from the millions of ordinary cars owned
    by leasing companies, you can get insurance for a car owned by a
    friend who is willing to loan it to you.

    Why, and for what possible LAWFUL reason, would the proprietor of a
    licenced taxi *lend* it to a friend who was not a licenced taxi driver?

    Oh, so what you meant to write was "You can't get insurance for a *taxi*
    you don't own". Do try harder to be more precise.

    Think carefully. Remember that the hackney Road Tax rate is lower than
    for a car of equivalent power and kerbside weight and that the vehicle
    may not be used for SD&P purposes unless taxed "Private and Hackney".

    As it happens I have a friendly taxi driver, and I can assure you he
    uses his cars for his own SD&P as well as carrying paying customers.

    I'm not sure why I would especially want to borrow *his* car, but it's
    not completely out of the question. Sometimes he becomes "man with a
    van" for the day and doesn't need the car.

    --
    Roland Perry

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Mark Goodge on Fri Jan 12 01:39:32 2024
    On 11/01/2024 04:47 pm, Mark Goodge wrote:

    On Thu, 11 Jan 2024 10:05:19 +0000, JNugent <jnugent@mail.com> wrote:
    On 10/01/2024 09:48 am, Mark Goodge wrote:

    To quote from my authority's licensing policy:
        Before a licence to use a vehicle as a hackney carriage can be >>>>> issued, the
       applicant must have submitted all of the following:
            * Completed application form
        * A current MOT certificate issued within the previous 30 days. >>
    I'd forgotten about that one: for authorities that have their own
    testing facilities (certainly including London and Liverpool and other
    larger metropolitan areas) there is no legal requirement for a taxi to
    have an MOT test. The system for testing long pre-dates the "Ten Year
    Test" instigated in 1960 and was recognised within the legislation
    requiring an MOT test.

    They still need an MOT test certificate. Otherwise it will show up on the
    PNC and DVLA as not being street-legal. The next time you happen to spot a taxi, make a note of the registration and plug it in here:

    https://vehicleenquiry.service.gov.uk/

    The 1960 legislation which brought in the MOT test specifically exempted licenced taxis (licenced by the PCO and various competent metropolitan authorities, that is).

    When was it changed?

    Where the taxi vehicle test is carried out either by an in-house garage or authorised third-party, the taxi test includes all the elements necessary
    for the MOT test. So passing the taxi test automatically generates an MOT certificate as well as the local authority's certificate.

    Crazy. A taxi-inspection is far more stringent than an MOT test and
    always has been, right back to the days of the Hansom cab.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Roland Perry on Fri Jan 12 01:43:26 2024
    On 11/01/2024 05:04 pm, Roland Perry wrote:
    In message <l09sqvFlcfnU1@mid.individual.net>, at 10:05:19 on Thu, 11
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 11/01/2024 07:14 am, Roland Perry wrote:

    In message <l07q5fF92v7U1@mid.individual.net>, at 15:07:27 on Wed, 10
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 10/01/2024 09:48 am, Mark Goodge wrote:

    On Wed, 10 Jan 2024 00:03:45 +0000, JNugent <jnugent@mail.com> wrote: >>>>>> On 09/01/2024 02:40 pm, Anthony R. Gold wrote:

    If you act as a taxi driver you should insure as a taxi driver :-) >>>>>
    You can't.
    Not unless you *are* a taxi-driver.

     You can, and in fact you must, if you wish to become a taxi
    driver***. Bearing  in mind that it's the vehicle which is insured, >>>>> not the driver, most  licensing authorities have a rule that you
    have to have the appropriate  insurance in place before applying
    for a hackney or private hire  licence.

    I can't see how that can be true.

    In general terms, because of double-shifting, about half of
    taxi-drivers in E&W do not own the taxi they drive. It might be only
    It might be as much as 60%. But it's a significant proportion.

    You can't get insurance for a vehicle you don't own.

     Don't be ridiculous. Apart from the millions of ordinary cars owned
    by  leasing companies, you can get insurance for a car owned by a
    friend  who is willing to loan it to you.

    Why, and for what possible LAWFUL reason, would the proprietor of a
    licenced taxi *lend* it to a friend who was not a licenced taxi driver?

    Oh, so what you meant to write was "You can't get insurance for a *taxi*
    you don't own". Do try harder to be more precise.

    That was the sole context. There was no need to keep repeating it.

    Think carefully. Remember that the hackney Road Tax rate is lower than
    for a car of equivalent power and kerbside weight and that the vehicle
    may not be used for SD&P purposes unless taxed "Private and Hackney".

    As it happens I have a friendly taxi driver, and I can assure you he
    uses his cars for his own SD&P as well as carrying paying customers.

    In that case, his vehicle is Road Taxed in either the "private" class or
    in the "private and hackney" class (there's no financial advantage in
    the second one).

    I'm not sure why I would especially want to borrow *his* car, but it's
    not completely out of the question. Sometimes he becomes "man with a
    van" for the day and doesn't need the car.

    There are rules about who may drive a licenced taxi with a licenced taxi insurance policy. In brief, only a licenced (taxi) driver, or someone
    concerned with the maintenance and repair of the vehicle.That's a
    licencing issue, not an insurance issue.

    Has he ever offered you the loan of his licenced taxi?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Roland Perry on Fri Jan 12 01:32:44 2024
    On 11/01/2024 03:09 pm, Roland Perry wrote:
    In message <l09sttFlcfnU2@mid.individual.net>, at 10:06:53 on Thu, 11
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 11/01/2024 07:10 am, Roland Perry wrote:
    In message <l07pcgF8v40U1@mid.individual.net>, at 14:54:08 on Wed, 10
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 10/01/2024 06:45 am, Roland Perry wrote:
    In message <l056nnFp178U1@mid.individual.net>, at 15:23:37 on Tue,
    9 Jan  2024, JNugent <jnugent@mail.com> remarked:
    On 09/01/2024 09:23 am, Roland Perry wrote:

    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    Jan  2024, JNugent <jnugent@mail.com> remarked:

    [in response to:]

    They also separately recently introduced a new "Health and >>>>>>>>>>>>> Safety"  element to the organisation's transport policy that >>>>>>>>>>>>> if  I  were to  break down while undergoing a shuttle like >>>>>>>>>>>>> that, I  MUST  NOT attempt  to fix it myself at the >>>>>>>>>>>>> roadside, but sit  there  awaiting a  professional repair >>>>>>>>>>>>> service such as AA/RAC.

    It did vaguely cross my mind that perhaps I should have put >>>>>>>>>>>>> the  cost  of obtaining the latter on my expenses, and now >>>>>>>>>>>>> maybe  even have put  this extra cost of basic insurance on >>>>>>>>>>>>> as well.  ie Not just the extra  cost of the 'business use' >>>>>>>>>>>>> itself, but  the cost of the policy not  being covered by >>>>>>>>>>>>> GIPP.

    [and:]
    But that would hardly be an expense exclusively for work, >>>>>>>>>>>> unless  you  kept two policies?

    [and:]
     Yes it would because he'd (technically) need a "Fleet >>>>>>>>>>> Policy" which  is  classed as a business expense.  Please >>>>>>>>>>> feel free to ask HMRC if  you  don't believe me, but I can >>>>>>>>>>> save you the time and trouble as I  have  asked them in the >>>>>>>>>>> past.  (For the self-employed, they include  "breakdown >>>>>>>>>>> cover on a vehicle as an allowable expense here:
    https://www.gov.uk/expenses-if-youre-self-employed/travel)

    I used to prefer to just claim the 45p a mile for business >>>>>>>>>> miles,  which would cover fuel and a proportion of insurance, >>>>>>>>>> road tax,  servicing, repairs and spares.

     Which completely and utterly misses the point. The breakdown >>>>>>>>> insurance was required *in case* I *were* ever to be assigned to >>>>>>>>> a different workplace in accordance with the employment contract. >>>>>>>>>  In almost six years it never happened. So zero x 45p/mile is >>>>>>>>> ***ZERO***

    So... what IS "the point"?

     That the company travel policy imposed a cost on me that I
    couldn't  claim. Unless you think I could include it as a
    deductible expense on
    my self-assessment tax form, which I very much doubt.

    That was not the "point" which I was addressing.

    As I said:

    The sub-thread is about how to account to HMRC for business
    travel expenses incurred in use of a car.

    Amongst other things.

    No. It was about how to account to HMRC for business travel
    expenses incurred in use of a car and nothing else. The wider
    thread may well have been about more things. I had made no comment >>>>>> on those.

    It follows that *I* had not "missed the point", though there could >>>>>> clearly be reason to suspect that someone else had.

    On that wider point, though, the Treasury-approved rate of 45p a
    mile  for the first 10,000 miles of business travel in a private
    car does  cover all allowable expenses, which includes AA, RAC or >>>>>> similar membership.

    It is a reasonable expense a prudent driver neither avoids nor
    resents, whether or not his employer is telling him he has to have >>>>>> it.
     I have only ever called out roadside assistance once in my
    lifetime, and  it was a really nice chap from RAC who took most of >>>>> the day to arrive.  And all he could do was give me a tow to a
    garage, who then took a week  to fix the fault "anti-emissions
    computer says NO".

    You may not have thought of it this way... but you've been lucky.
    Although as an engineer I'm very much aware of impending hiccups, to
    get them fixed before the car breaks down.

    Would you complain about never having been burgled despite paying
    for household contents insurance every year?

    In extremis, he can always decline to use his own car for business >>>>>> purposes and ask to be provided with a rental car for each separate >>>>>> use.
     No, my quite recently-ex employer didn't have a scheme for that,
    and in  effect said "if you want to work for us you MUST have a car >>>>> which is  suitably (both for driving and breakdowns) insured, at
    your expense"

    Did the employer pay you mileage-based travel expenses for the
    business use of your car?
    They would have done, if they ever required me to. But in six years
    they didn't triggered it.

    So what was the problem?

    That they required me to have the roadside assistance policy, at my own expense.

    But why, if you were not using the car on (their) business?

    What level of authority were they exercising when "requiring" you to be
    an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also contractually required to comply with.

    There is such a thing as an unfair contract.

    The icing on the cake is they also had an over-subscribed car park
    at HQ, so only about half the staff had an allocated space.

    Been there. Done that.

    One place I worked had a staff car park designed for about twenty,
    but every day was crammed with forty. There was a rule that if
    blocked in (which almost everyone was) we could demand the keys for
    the company car nearest the road, and use that instead of our own.

    What? To go home for the night in?

    Usually to run some business errand, for example taking something which needed shipping to the courier depot, or something to the bank.

    Why do you need personal membership of the AA for that?

    But it was long enough ago that we also had to take potential customers
    out to lunch abut once a week on average, and protocol dictated that was using our transport, not theirs.

    Something in that employer's company car policy said we MUST have at
    least a 4-door car (so if there were two customers to take to lunch
    they didn't have the indignity of crawling into the back seat). But mysteriously I managed to wangle a 3-door (now a classic).

    <https://www.motorsportmagazine.com/archive/article/october- 1979/46/the-talbot-sunbeam-lotus/>

    People only borrowed that once, coming back ashen-faced. But I knew how
    to steer it - a combination of front half with the steering wheel
    (opposite lock) and back end with the accelerator.

    10yrs later my wife's employer had a similar HR policy but didn't
    provide company cars, so it was at our expense. And they also had a
    clause saying the car we self-provided MUST NOT be more than 5yrs
    old - because that would reflect badly on the company.

    One wonders why you stayed there. All those imposed requirements and
    they never pay you a penny for car expenses.

    As I tended to buy 3yr old ex-company cars (at the local auction) this
    meant we had to churn them every two years. I got the last laugh because
    we generally had BMW 325's which were a bit lively too, and she spun one almost but not quite into the ditch.

    Classic cars weren't quite so much a thing then, but it might have been interesting to tweak their tail and say "What's wrong with a vintage
    Rolls Royce".

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Mark Goodge@21:1/5 to JNugent on Fri Jan 12 13:29:25 2024
    On Fri, 12 Jan 2024 01:39:32 +0000, JNugent <jnugent@mail.com> wrote:

    On 11/01/2024 04:47 pm, Mark Goodge wrote:

    They still need an MOT test certificate. Otherwise it will show up on the
    PNC and DVLA as not being street-legal. The next time you happen to spot a >> taxi, make a note of the registration and plug it in here:

    https://vehicleenquiry.service.gov.uk/

    The 1960 legislation which brought in the MOT test specifically exempted >licenced taxis (licenced by the PCO and various competent metropolitan >authorities, that is).

    When was it changed?

    I don't know, offhand. But there's no such exemption in current legislation. The current legislation actually goes the other way, and makes more
    stringent requirements for test certificates if the vehicle is being used as
    a taxi. Normally, a car doesn't need an MOT until it's three years old. A
    taxi needs one once it's one year old.

    https://www.legislation.gov.uk/ukpga/1988/52/section/47

    Where the taxi vehicle test is carried out either by an in-house garage or >> authorised third-party, the taxi test includes all the elements necessary
    for the MOT test. So passing the taxi test automatically generates an MOT
    certificate as well as the local authority's certificate.

    Crazy. A taxi-inspection is far more stringent than an MOT test and
    always has been, right back to the days of the Hansom cab.

    That's my point. It doesn't need a separate MOT test, because the taxi test includes the MOT test.

    Mark

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Mark Goodge on Fri Jan 12 14:57:49 2024
    On 12/01/2024 01:29 pm, Mark Goodge wrote:
    On Fri, 12 Jan 2024 01:39:32 +0000, JNugent <jnugent@mail.com> wrote:

    On 11/01/2024 04:47 pm, Mark Goodge wrote:

    They still need an MOT test certificate. Otherwise it will show up on the >>> PNC and DVLA as not being street-legal. The next time you happen to spot a >>> taxi, make a note of the registration and plug it in here:

    https://vehicleenquiry.service.gov.uk/

    The 1960 legislation which brought in the MOT test specifically exempted
    licenced taxis (licenced by the PCO and various competent metropolitan
    authorities, that is).

    When was it changed?

    I don't know, offhand. But there's no such exemption in current legislation. The current legislation actually goes the other way, and makes more
    stringent requirements for test certificates if the vehicle is being used as a taxi. Normally, a car doesn't need an MOT until it's three years old. A taxi needs one once it's one year old.

    But not when presented as a new vehicle?

    https://www.legislation.gov.uk/ukpga/1988/52/section/47

    Where the taxi vehicle test is carried out either by an in-house garage or >>> authorised third-party, the taxi test includes all the elements necessary >>> for the MOT test. So passing the taxi test automatically generates an MOT >>> certificate as well as the local authority's certificate.

    Crazy. A taxi-inspection is far more stringent than an MOT test and
    always has been, right back to the days of the Hansom cab.

    That's my point. It doesn't need a separate MOT test, because the taxi test includes the MOT test.

    Some local authorities never had their own testing facilities and DID
    rely upon the MOT test. Has that changed?

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roland Perry@21:1/5 to All on Fri Jan 12 16:41:33 2024
    In message <l0bj5sFh0pU1@mid.individual.net>, at 01:32:44 on Fri, 12 Jan
    2024, JNugent <jnugent@mail.com> remarked:
    On 11/01/2024 03:09 pm, Roland Perry wrote:
    In message <l09sttFlcfnU2@mid.individual.net>, at 10:06:53 on Thu, 11
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 11/01/2024 07:10 am, Roland Perry wrote:
    In message <l07pcgF8v40U1@mid.individual.net>, at 14:54:08 on Wed, 10
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 10/01/2024 06:45 am, Roland Perry wrote:
    In message <l056nnFp178U1@mid.individual.net>, at 15:23:37 on Tue, >>>>>> 9 Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 09/01/2024 09:23 am, Roland Perry wrote:

    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    Jan 2024, JNugent <jnugent@mail.com> remarked:

    [in response to:]

    They also separately recently introduced a new "Health and >>>>>>>>>>>>>> Safety" element to the organisation's transport policy that >>>>>>>>>>>>>> if I were to break down while undergoing a shuttle like >>>>>>>>>>>>>> that, I MUST NOT attempt to fix it myself at the >>>>>>>>>>>>>> roadside, but sit there awaiting a professional repair >>>>>>>>>>>>>> service such as AA/RAC.

    It did vaguely cross my mind that perhaps I should have put >>>>>>>>>>>>>> the cost of obtaining the latter on my expenses, and now >>>>>>>>>>>>>> maybe even have put this extra cost of basic insurance on >>>>>>>>>>>>>> as well. ie Not just the extra cost of the 'business use' >>>>>>>>>>>>>> itself, but the cost of the policy not being covered by >>>>>>>>>>>>>> GIPP.

    [and:]
    But that would hardly be an expense exclusively for work, >>>>>>>>>>>>> unless you kept two policies?

    [and:]
    Yes it would because he'd (technically) need a "Fleet >>>>>>>>>>>> Policy" which is classed as a business expense. Please >>>>>>>>>>>> feel free to ask HMRC if you don't believe me, but I can >>>>>>>>>>>> save you the time and trouble as I have asked them in the >>>>>>>>>>>> past. (For the self-employed, they include "breakdown >>>>>>>>>>>> cover on a vehicle as an allowable expense here:
    https://www.gov.uk/expenses-if-youre-self-employed/travel) >>>>>>>>
    I used to prefer to just claim the 45p a mile for business >>>>>>>>>>> miles, which would cover fuel and a proportion of insurance, >>>>>>>>>>> road tax, servicing, repairs and spares.

    Which completely and utterly misses the point. The breakdown >>>>>>>>>> insurance was required *in case* I *were* ever to be assigned to >>>>>>>>>> a different workplace in accordance with the employment contract. >>>>>>>>>> In almost six years it never happened. So zero x 45p/mile is >>>>>>>>>> ***ZERO***

    So... what IS "the point"?

    That the company travel policy imposed a cost on me that I
    couldn't claim. Unless you think I could include it as a
    deductible expense on
    my self-assessment tax form, which I very much doubt.

    That was not the "point" which I was addressing.

    As I said:

    The sub-thread is about how to account to HMRC for business
    travel expenses incurred in use of a car.

    Amongst other things.

    No. It was about how to account to HMRC for business travel
    expenses incurred in use of a car and nothing else. The wider
    thread may well have been about more things. I had made no comment >>>>>>> on those.

    It follows that *I* had not "missed the point", though there could >>>>>>> clearly be reason to suspect that someone else had.

    On that wider point, though, the Treasury-approved rate of 45p a >>>>>>> mile for the first 10,000 miles of business travel in a private >>>>>>> car does cover all allowable expenses, which includes AA, RAC or >>>>>>> similar membership.

    It is a reasonable expense a prudent driver neither avoids nor
    resents, whether or not his employer is telling him he has to have >>>>>>> it.
    I have only ever called out roadside assistance once in my
    lifetime, and it was a really nice chap from RAC who took most of >>>>>> the day to arrive. And all he could do was give me a tow to a
    garage, who then took a week to fix the fault "anti-emissions
    computer says NO".

    You may not have thought of it this way... but you've been lucky.
    Although as an engineer I'm very much aware of impending hiccups, to >>>> get them fixed before the car breaks down.

    Would you complain about never having been burgled despite paying
    for household contents insurance every year?

    In extremis, he can always decline to use his own car for business >>>>>>> purposes and ask to be provided with a rental car for each separate >>>>>>> use.
    No, my quite recently-ex employer didn't have a scheme for that, >>>>>> and in effect said "if you want to work for us you MUST have a car >>>>>> which is suitably (both for driving and breakdowns) insured, at
    your expense"

    Did the employer pay you mileage-based travel expenses for the
    business use of your car?
    They would have done, if they ever required me to. But in six years
    they didn't triggered it.

    So what was the problem?

    That they required me to have the roadside assistance policy, at my
    own expense.

    But why, if you were not using the car on (their) business?

    Because they insisted I *might* one day be using the car on their
    business, so had to have it suitably insured JUST IN CASE.

    What level of authority were they exercising when "requiring" you to
    be an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also
    contractually required to comply with.

    There is such a thing as an unfair contract.

    Are you quite sure there's such a thing as an unfair employment
    contract?

    Cites please.

    The icing on the cake is they also had an over-subscribed car park >>>>>> at HQ, so only about half the staff had an allocated space.

    Been there. Done that.

    One place I worked had a staff car park designed for about
    twenty, but every day was crammed with forty. There was a rule
    that if blocked in (which almost everyone was) we could demand the >>>>keys for the company car nearest the road, and use that instead of our own.

    What? To go home for the night in?

    Usually to run some business errand, for example taking something
    which needed shipping to the courier depot, or something to the bank.

    Why do you need personal membership of the AA for that?

    I didn't, two different employments decades apart. Do TRY TO KEEP UP!!!

    But it was long enough ago that we also had to take potential
    customers out to lunch abut once a week on average, and protocol
    dictated that was using our transport, not theirs.

    Something in that employer's company car policy said we MUST have at
    least a 4-door car (so if there were two customers to take to lunch
    they didn't have the indignity of crawling into the back seat). But
    mysteriously I managed to wangle a 3-door (now a classic).

    <https://www.motorsportmagazine.com/archive/article/october-
    1979/46/the-talbot-sunbeam-lotus/>

    People only borrowed that once, coming back ashen-faced. But I knew
    how to steer it - a combination of front half with the steering wheel >>(opposite lock) and back end with the accelerator.

    10yrs later my wife's employer had a similar HR policy but didn't
    provide company cars, so it was at our expense. And they also had a
    clause saying the car we self-provided MUST NOT be more than 5yrs
    old - because that would reflect badly on the company.

    One wonders why you stayed there. All those imposed requirements and
    they never pay you a penny for car expenses.

    Different employments (and different employees) decades apart DO TRY TO
    KEEP UP!!!!!!!!!!!!!!

    --
    Roland Perry

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  • From Roland Perry@21:1/5 to All on Fri Jan 12 16:48:03 2024
    In message <l0bjpvFkdnU1@mid.individual.net>, at 01:43:26 on Fri, 12 Jan
    2024, JNugent <jnugent@mail.com> remarked:
    On 11/01/2024 05:04 pm, Roland Perry wrote:
    In message <l09sqvFlcfnU1@mid.individual.net>, at 10:05:19 on Thu, 11
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 11/01/2024 07:14 am, Roland Perry wrote:

    In message <l07q5fF92v7U1@mid.individual.net>, at 15:07:27 on Wed,
    10 Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 10/01/2024 09:48 am, Mark Goodge wrote:

    On Wed, 10 Jan 2024 00:03:45 +0000, JNugent <jnugent@mail.com> wrote: >>>>>>> On 09/01/2024 02:40 pm, Anthony R. Gold wrote:

    If you act as a taxi driver you should insure as a taxi driver :-) >>>>>>
    You can't.
    Not unless you *are* a taxi-driver.

    You can, and in fact you must, if you wish to become a taxi >>>>>>driver***. Bearing in mind that it's the vehicle which is
    insured, not the driver, most licensing authorities have a rule >>>>>>that you have to have the appropriate insurance in place before >>>>>>applying for a hackney or private hire licence.

    I can't see how that can be true.

    In general terms, because of double-shifting, about half of >>>>>taxi-drivers in E&W do not own the taxi they drive. It might be
    might be as much as 60%. But it's a significant proportion.

    You can't get insurance for a vehicle you don't own.

    Don't be ridiculous. Apart from the millions of ordinary cars
    owned by leasing companies, you can get insurance for a car owned
    by a friend who is willing to loan it to you.

    Why, and for what possible LAWFUL reason, would the proprietor of a >>>licenced taxi *lend* it to a friend who was not a licenced taxi driver?
    Oh, so what you meant to write was "You can't get insurance for a
    *taxi* you don't own". Do try harder to be more precise.

    That was the sole context. There was no need to keep repeating it.

    Your deliberate misinterpretation is becoming beyond tedious.

    Think carefully. Remember that the hackney Road Tax rate is lower
    than for a car of equivalent power and kerbside weight and that the >>>vehicle may not be used for SD&P purposes unless taxed "Private and >>>Hackney".

    As it happens I have a friendly taxi driver, and I can assure you he
    uses his cars for his own SD&P as well as carrying paying customers.

    In that case, his vehicle is Road Taxed in either the "private" class
    or in the "private and hackney" class (there's no financial advantage
    in the second one).

    I'm not sure why I would especially want to borrow *his* car, but
    it's not completely out of the question. Sometimes he becomes "man
    with a van" for the day and doesn't need the car.

    There are rules about who may drive a licenced taxi with a licenced
    taxi insurance policy. In brief, only a licenced (taxi) driver, or
    someone concerned with the maintenance and repair of the vehicle.That's
    a licencing issue, not an insurance issue.

    Has he ever offered you the loan of his licenced taxi?

    Given your track record for deliberate misinterpretation, I'll pass on answering this cross-examination.
    --
    Roland Perry

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  • From JNugent@21:1/5 to Roland Perry on Fri Jan 12 18:31:30 2024
    On 12/01/2024 04:48 pm, Roland Perry wrote:

    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    JNugent <jnugent@mail.com> remarked:
    Goodge wrote:
    JNugent <jnugent@mail.com> wrote:
    Anthony R. Gold wrote:

    If you act as a taxi driver you should insure as a taxi driver :-)

    You can't.
    Not unless you *are* a taxi-driver.

     You can, and in fact you must, if you wish to become a taxi
    driver***. Bearing  in mind that it's the vehicle which is
    insured,  not the driver, most  licensing authorities have a rule >>>>>>> that you  have to have the appropriate  insurance in place before >>>>>>> applying  for a hackney or private hire  licence.

    I can't see how that can be true.
    In general terms, because of double-shifting, about half of
    taxi-drivers in E&W do not own the taxi they drive. It might be
    might be as much as 60%. But it's a significant proportion.

    You can't get insurance for a vehicle you don't own.

     Don't be ridiculous. Apart from the millions of ordinary cars
    owned  by  leasing companies, you can get insurance for a car owned >>>>> by a  friend  who is willing to loan it to you.

    Why, and for what possible LAWFUL reason, would the proprietor of a
    licenced taxi *lend* it to a friend who was not a licenced taxi driver?

     Oh, so what you meant to write was "You can't get insurance for a
    *taxi*  you don't own". Do try harder to be more precise.

    That was the sole context. There was no need to keep repeating it.

    Your deliberate misinterpretation is becoming beyond tedious.

    Your recent diversion away from the subject of taxis (which is what was
    being discussed, not secondhand Ford Fusions) was the misinterpretation
    (unless there's a better word for it).

    Cars are one thing (I have one on very long-term loan and meet all
    outgoings on it), but you have not explained why a business proprietor
    would lend an expensive piece of capital equipment (capable of earning
    its own keep at any and every time of the day and night, 365 days a
    year) to a friend rather than putting it to work. You have not explained
    what lawful use such a friend (not being a licenced taxi-driver for the
    same licencing area) would be thinking of making of the taxi.

    Think carefully. Remember that the hackney Road Tax rate is lower
    than  for a car of equivalent power and kerbside weight and that the
    vehicle  may not be used for SD&P purposes unless taxed "Private and
    Hackney".

     As it happens I have a friendly taxi driver, and I can assure you he
    uses his cars for his own SD&P as well as carrying paying customers.

    In that case, his vehicle is Road Taxed in either the "private" class
    or in the "private and hackney" class (there's no financial advantage
    in the second one).

     I'm not sure why I would especially want to borrow *his* car, but
    it's  not completely out of the question. Sometimes he becomes "man
    with a  van" for the day and doesn't need the car.

    There are rules about who may drive a licenced taxi with a licenced
    taxi insurance policy. In brief, only a licenced (taxi) driver, or
    someone concerned with the maintenance and repair of the
    vehicle. That's a licencing issue, not an insurance issue.

    Has he ever offered you the loan of his licenced taxi?

    Given your track record for deliberate misinterpretation, I'll pass on answering this cross-examination.

    I have misinterpreted nothing. I have been scrupulously sticking to the
    point, which was all about taxis.

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  • From Mark Goodge@21:1/5 to JNugent on Fri Jan 12 21:09:57 2024
    On Fri, 12 Jan 2024 14:57:49 +0000, JNugent <jnugent@mail.com> wrote:

    On 12/01/2024 01:29 pm, Mark Goodge wrote:

    I don't know, offhand. But there's no such exemption in current legislation. >> The current legislation actually goes the other way, and makes more
    stringent requirements for test certificates if the vehicle is being used as >> a taxi. Normally, a car doesn't need an MOT until it's three years old. A
    taxi needs one once it's one year old.

    But not when presented as a new vehicle?

    No; it's still assumed that an entirely new vehicle will be roadworthy. So there's no legal requirement for an MOT for taxis less than a year old. But
    a licensing authority may well require it, in which case the operator would need to get an MOT done as soon as they buy the vehicle.

    Some local authorities never had their own testing facilities and DID
    rely upon the MOT test. Has that changed?

    No. If the authority doesn't run its own tests (or doesn't outsource it to
    one or more approved provides), then the vehicle needs a normal MOT.

    Mark

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  • From Roger Hayter@21:1/5 to Roland Perry on Fri Jan 12 23:25:49 2024
    On 12 Jan 2024 at 16:41:33 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <l0bj5sFh0pU1@mid.individual.net>, at 01:32:44 on Fri, 12 Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 11/01/2024 03:09 pm, Roland Perry wrote:
    In message <l09sttFlcfnU2@mid.individual.net>, at 10:06:53 on Thu, 11
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 11/01/2024 07:10 am, Roland Perry wrote:
    In message <l07pcgF8v40U1@mid.individual.net>, at 14:54:08 on Wed, 10 >>>>> Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 10/01/2024 06:45 am, Roland Perry wrote:
    In message <l056nnFp178U1@mid.individual.net>, at 15:23:37 on Tue, >>>>>>> 9 Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 09/01/2024 09:23 am, Roland Perry wrote:

    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    Jan 2024, JNugent <jnugent@mail.com> remarked:

    [in response to:]

    They also separately recently introduced a new "Health and >>>>>>>>>>>>>>> Safety" element to the organisation's transport policy that >>>>>>>>>>>>>>> if I were to break down while undergoing a shuttle like >>>>>>>>>>>>>>> that, I MUST NOT attempt to fix it myself at the >>>>>>>>>>>>>>> roadside, but sit there awaiting a professional repair >>>>>>>>>>>>>>> service such as AA/RAC.

    It did vaguely cross my mind that perhaps I should have put >>>>>>>>>>>>>>> the cost of obtaining the latter on my expenses, and now >>>>>>>>>>>>>>> maybe even have put this extra cost of basic insurance on >>>>>>>>>>>>>>> as well. ie Not just the extra cost of the 'business use' >>>>>>>>>>>>>>> itself, but the cost of the policy not being covered by >>>>>>>>>>>>>>> GIPP.

    [and:]
    But that would hardly be an expense exclusively for work, >>>>>>>>>>>>>> unless you kept two policies?

    [and:]
    Yes it would because he'd (technically) need a "Fleet >>>>>>>>>>>>> Policy" which is classed as a business expense. Please >>>>>>>>>>>>> feel free to ask HMRC if you don't believe me, but I can >>>>>>>>>>>>> save you the time and trouble as I have asked them in the >>>>>>>>>>>>> past. (For the self-employed, they include "breakdown >>>>>>>>>>>>> cover on a vehicle as an allowable expense here:
    https://www.gov.uk/expenses-if-youre-self-employed/travel) >>>>>>>>>
    I used to prefer to just claim the 45p a mile for business >>>>>>>>>>>> miles, which would cover fuel and a proportion of insurance, >>>>>>>>>>>> road tax, servicing, repairs and spares.

    Which completely and utterly misses the point. The breakdown >>>>>>>>>>> insurance was required *in case* I *were* ever to be assigned to >>>>>>>>>>> a different workplace in accordance with the employment contract. >>>>>>>>>>> In almost six years it never happened. So zero x 45p/mile is >>>>>>>>>>> ***ZERO***

    So... what IS "the point"?

    That the company travel policy imposed a cost on me that I >>>>>>>>> couldn't claim. Unless you think I could include it as a
    deductible expense on
    my self-assessment tax form, which I very much doubt.

    That was not the "point" which I was addressing.

    As I said:

    The sub-thread is about how to account to HMRC for business >>>>>>>>>> travel expenses incurred in use of a car.

    Amongst other things.

    No. It was about how to account to HMRC for business travel
    expenses incurred in use of a car and nothing else. The wider >>>>>>>> thread may well have been about more things. I had made no comment >>>>>>>> on those.

    It follows that *I* had not "missed the point", though there could >>>>>>>> clearly be reason to suspect that someone else had.

    On that wider point, though, the Treasury-approved rate of 45p a >>>>>>>> mile for the first 10,000 miles of business travel in a private >>>>>>>> car does cover all allowable expenses, which includes AA, RAC or >>>>>>>> similar membership.

    It is a reasonable expense a prudent driver neither avoids nor >>>>>>>> resents, whether or not his employer is telling him he has to have >>>>>>>> it.
    I have only ever called out roadside assistance once in my
    lifetime, and it was a really nice chap from RAC who took most of >>>>>>> the day to arrive. And all he could do was give me a tow to a
    garage, who then took a week to fix the fault "anti-emissions
    computer says NO".

    You may not have thought of it this way... but you've been lucky.
    Although as an engineer I'm very much aware of impending hiccups, to >>>>> get them fixed before the car breaks down.

    Would you complain about never having been burgled despite paying
    for household contents insurance every year?

    In extremis, he can always decline to use his own car for business >>>>>>>> purposes and ask to be provided with a rental car for each separate >>>>>>>> use.
    No, my quite recently-ex employer didn't have a scheme for that, >>>>>>> and in effect said "if you want to work for us you MUST have a car >>>>>>> which is suitably (both for driving and breakdowns) insured, at >>>>>>> your expense"

    Did the employer pay you mileage-based travel expenses for the
    business use of your car?
    They would have done, if they ever required me to. But in six years >>>>> they didn't triggered it.

    So what was the problem?

    That they required me to have the roadside assistance policy, at my
    own expense.

    But why, if you were not using the car on (their) business?

    Because they insisted I *might* one day be using the car on their
    business, so had to have it suitably insured JUST IN CASE.

    What level of authority were they exercising when "requiring" you to
    be an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also
    contractually required to comply with.

    There is such a thing as an unfair contract.

    Are you quite sure there's such a thing as an unfair employment
    contract?

    Cites please.


    Truck Acts, abolition of slavery, Working Time Directive, laws against indentured labour which I don't know off the top of my head. And quite a lot
    of case law, I should think.


    The icing on the cake is they also had an over-subscribed car park >>>>>>> at HQ, so only about half the staff had an allocated space.

    Been there. Done that.

    One place I worked had a staff car park designed for about
    twenty, but every day was crammed with forty. There was a rule
    that if blocked in (which almost everyone was) we could demand the >>>>> keys for the company car nearest the road, and use that instead of our own.

    What? To go home for the night in?

    Usually to run some business errand, for example taking something
    which needed shipping to the courier depot, or something to the bank.

    Why do you need personal membership of the AA for that?

    I didn't, two different employments decades apart. Do TRY TO KEEP UP!!!

    But it was long enough ago that we also had to take potential
    customers out to lunch abut once a week on average, and protocol
    dictated that was using our transport, not theirs.

    Something in that employer's company car policy said we MUST have at
    least a 4-door car (so if there were two customers to take to lunch
    they didn't have the indignity of crawling into the back seat). But
    mysteriously I managed to wangle a 3-door (now a classic).


    <https://www.motorsportmagazine.com/archive/article/october-1979/46/the-talbot-sunbeam-lotus/>

    People only borrowed that once, coming back ashen-faced. But I knew
    how to steer it - a combination of front half with the steering wheel
    (opposite lock) and back end with the accelerator.

    10yrs later my wife's employer had a similar HR policy but didn't
    provide company cars, so it was at our expense. And they also had a
    clause saying the car we self-provided MUST NOT be more than 5yrs
    old - because that would reflect badly on the company.

    One wonders why you stayed there. All those imposed requirements and
    they never pay you a penny for car expenses.

    Different employments (and different employees) decades apart DO TRY TO
    KEEP UP!!!!!!!!!!!!!!


    --
    Roger Hayter

    --- SoupGate-Win32 v1.05
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  • From Roland Perry@21:1/5 to All on Sat Jan 13 05:55:56 2024
    In message <l0e03tFecouU1@mid.individual.net>, at 23:25:49 on Fri, 12
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    What level of authority were they exercising when "requiring" you to >>>>> be an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also
    contractually required to comply with.

    There is such a thing as an unfair contract.

    Are you quite sure there's such a thing as an unfair employment
    contract?

    Cites please.

    Truck Acts, abolition of slavery, Working Time Directive, laws against >indentured labour which I don't know off the top of my head. And quite a lot >of case law, I should think.

    Please explain how those might apply to the quite common requirement in employment contracts that an employee not only has a clean licence,
    business use insurance, and their own car. Rather than the employer
    saying "in the absence of any one of those, you can pout a taxi on your expenses".
    --
    Roland Perry

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  • From Roland Perry@21:1/5 to All on Sat Jan 13 05:59:52 2024
    In message <iga3qilv3mvg65kscbqd3s290tss24basj@4ax.com>, at 21:09:57 on
    Fri, 12 Jan 2024, Mark Goodge <usenet@listmail.good-stuff.co.uk>
    remarked:
    On Fri, 12 Jan 2024 14:57:49 +0000, JNugent <jnugent@mail.com> wrote:

    On 12/01/2024 01:29 pm, Mark Goodge wrote:

    I don't know, offhand. But there's no such exemption in current legislation.
    The current legislation actually goes the other way, and makes more
    stringent requirements for test certificates if the vehicle is being used as
    a taxi. Normally, a car doesn't need an MOT until it's three years old. A >>> taxi needs one once it's one year old.

    But not when presented as a new vehicle?

    No; it's still assumed that an entirely new vehicle will be roadworthy.

    Flanders and Swann: "They've started testing cars now. It started at 10
    years, then 5, now three. There's even some talk of having them tested
    before they leave the factory."

    --
    Roland Perry

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  • From Roland Perry@21:1/5 to All on Sat Jan 13 06:06:45 2024
    In message <l0des3Fbce5U1@mid.individual.net>, at 18:31:30 on Fri, 12
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 12/01/2024 04:48 pm, Roland Perry wrote:

    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    JNugent <jnugent@mail.com> remarked:
    Goodge wrote:
    JNugent <jnugent@mail.com> wrote:
    Anthony R. Gold wrote:

    If you act as a taxi driver you should insure as a taxi driver :-) >>
    You can't.
    Not unless you *are* a taxi-driver.

    You can, and in fact you must, if you wish to become a taxi >>>>>>>>driver***. Bearing in mind that it's the vehicle which is >>>>>>>>insured, not the driver, most licensing authorities have a >>>>>>>>rule that you have to have the appropriate insurance in place >>>>>>>>before applying for a hackney or private hire licence.

    I can't see how that can be true.
    In general terms, because of double-shifting, about half of >>>>>>>taxi-drivers in E&W do not own the taxi they drive. It might be >>>>>>>might be as much as 60%. But it's a significant proportion.

    You can't get insurance for a vehicle you don't own.

    Don't be ridiculous. Apart from the millions of ordinary cars >>>>>>owned by leasing companies, you can get insurance for a car
    owned by a friend who is willing to loan it to you.

    Why, and for what possible LAWFUL reason, would the proprietor of
    a licenced taxi *lend* it to a friend who was not a licenced taxi


    Oh, so what you meant to write was "You can't get insurance for a >>>>*taxi* you don't own". Do try harder to be more precise.

    That was the sole context. There was no need to keep repeating it.
    Your deliberate misinterpretation is becoming beyond tedious.

    Your recent diversion away from the subject of taxis (which is what was
    being discussed, not secondhand Ford Fusions) was the misinterpretation >(unless there's a better word for it).

    Cars are one thing (I have one on very long-term loan and meet all
    outgoings on it), but you have not explained why a business proprietor
    would lend an expensive piece of capital equipment (capable of earning
    its own keep at any and every time of the day and night, 365 days a year)

    Slim pickings out here in rural Cambridgeshire, when for example the
    station has only one train an hour, and not even a cab-rank.

    to a friend rather than putting it to work.

    Then you need to hone your comprehension skills. I explained it exactly
    - some days he hires a white van and drives that instead. In fact he
    isn't a full-time taxi driver anyway, mainly doing just lucrative
    pre-booked school-runs.

    You have not explained what lawful use such a friend (not being a
    licenced taxi-driver for the same licencing area) would be thinking of
    making of the taxi.

    I would use it for my own SD&P, which I sincerely hope you will not try
    to challenge as a lawful activity.

    I have misinterpreted nothing.

    If you really believe that, it speaks volumes.
    --
    Roland Perry

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  • From Roger Hayter@21:1/5 to Roland Perry on Sat Jan 13 09:13:01 2024
    On 13 Jan 2024 at 05:55:56 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <l0e03tFecouU1@mid.individual.net>, at 23:25:49 on Fri, 12
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    What level of authority were they exercising when "requiring" you to >>>>>> be an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also
    contractually required to comply with.

    There is such a thing as an unfair contract.

    Are you quite sure there's such a thing as an unfair employment
    contract?

    Cites please.

    Truck Acts, abolition of slavery, Working Time Directive, laws against
    indentured labour which I don't know off the top of my head. And quite a lot >> of case law, I should think.

    Please explain how those might apply to the quite common requirement in employment contracts that an employee not only has a clean licence,
    business use insurance, and their own car. Rather than the employer
    saying "in the absence of any one of those, you can pout a taxi on your expenses".

    I answered the question you asked, about unfair employment contracts. I expressed no opinion on the fairness of the contract terms you mentioned.

    --
    Roger Hayter

    --- SoupGate-Win32 v1.05
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  • From Roland Perry@21:1/5 to All on Sat Jan 13 10:45:23 2024
    In message <l0f2gtFkg0hU1@mid.individual.net>, at 09:13:01 on Sat, 13
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    On 13 Jan 2024 at 05:55:56 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <l0e03tFecouU1@mid.individual.net>, at 23:25:49 on Fri, 12
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    What level of authority were they exercising when "requiring" you to >>>>>>> be an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also
    contractually required to comply with.

    There is such a thing as an unfair contract.

    Are you quite sure there's such a thing as an unfair employment
    contract?

    Cites please.

    Truck Acts, abolition of slavery, Working Time Directive, laws against
    indentured labour which I don't know off the top of my head. And quite a lot
    of case law, I should think.

    Please explain how those might apply to the quite common requirement in
    employment contracts that an employee not only has a clean licence,
    business use insurance, and their own car. Rather than the employer
    saying "in the absence of any one of those, you can pout a taxi on your
    expenses".

    I answered the question you asked, about unfair employment contracts.

    With some legislative examples none of which have the word "unfair" in
    their title.

    I expressed no opinion on the fairness of the contract terms you
    mentioned.

    --
    Roland Perry

    --- SoupGate-Win32 v1.05
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  • From Roger Hayter@21:1/5 to Roland Perry on Sat Jan 13 11:19:21 2024
    On 13 Jan 2024 at 10:45:23 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <l0f2gtFkg0hU1@mid.individual.net>, at 09:13:01 on Sat, 13
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    On 13 Jan 2024 at 05:55:56 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <l0e03tFecouU1@mid.individual.net>, at 23:25:49 on Fri, 12
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    What level of authority were they exercising when "requiring" you to >>>>>>>> be an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also
    contractually required to comply with.

    There is such a thing as an unfair contract.

    Are you quite sure there's such a thing as an unfair employment
    contract?

    Cites please.

    Truck Acts, abolition of slavery, Working Time Directive, laws against >>>> indentured labour which I don't know off the top of my head. And quite a lot
    of case law, I should think.

    Please explain how those might apply to the quite common requirement in
    employment contracts that an employee not only has a clean licence,
    business use insurance, and their own car. Rather than the employer
    saying "in the absence of any one of those, you can pout a taxi on your
    expenses".

    I answered the question you asked, about unfair employment contracts.

    With some legislative examples none of which have the word "unfair" in
    their title.

    But they all described employment contract terms which would be unenforceable because they were not considered to be fair or reasonable for the employee. Your point is? You didn't ask for specific employment law Acts which included "unfair" in their title, and it would not be useful to have done so.


    I expressed no opinion on the fairness of the contract terms you
    mentioned.


    --
    Roger Hayter

    --- SoupGate-Win32 v1.05
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  • From Roland Perry@21:1/5 to All on Sat Jan 13 14:02:56 2024
    In message <l0f9tpFlspfU1@mid.individual.net>, at 11:19:21 on Sat, 13
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    On 13 Jan 2024 at 10:45:23 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <l0f2gtFkg0hU1@mid.individual.net>, at 09:13:01 on Sat, 13
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    On 13 Jan 2024 at 05:55:56 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <l0e03tFecouU1@mid.individual.net>, at 23:25:49 on Fri, 12
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    What level of authority were they exercising when "requiring" you to >>>>>>>>> be an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also
    contractually required to comply with.

    There is such a thing as an unfair contract.

    Are you quite sure there's such a thing as an unfair employment
    contract?

    Cites please.

    Truck Acts, abolition of slavery, Working Time Directive, laws against >>>>> indentured labour which I don't know off the top of my head. And >>>>>quite a lot
    of case law, I should think.

    Please explain how those might apply to the quite common requirement in >>>> employment contracts that an employee not only has a clean licence,
    business use insurance, and their own car. Rather than the employer
    saying "in the absence of any one of those, you can pout a taxi on your >>>> expenses".

    I answered the question you asked, about unfair employment contracts.

    With some legislative examples none of which have the word "unfair" in
    their title.

    But they all described employment contract terms which would be unenforceable

    Unenforceable contains a whole bunch of things which are not within the
    realm of the OFT [enforcer of "unfair contracts"] as was.

    because they were not considered to be fair or reasonable for the employee. >Your point is? You didn't ask for specific employment law Acts which included >"unfair" in their title, and it would not be useful to have done so.

    Perhaps you could answer my question about the employee calling a taxi
    at the firm's expense, if he thought the employment contract stipulation
    was unfair (and knew that in the short/medium term if he ignored it,
    he'd be fired).
    --
    Roland Perry

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From Roger Hayter@21:1/5 to Roland Perry on Sat Jan 13 14:28:44 2024
    On 13 Jan 2024 at 14:02:56 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <l0f9tpFlspfU1@mid.individual.net>, at 11:19:21 on Sat, 13
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    On 13 Jan 2024 at 10:45:23 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <l0f2gtFkg0hU1@mid.individual.net>, at 09:13:01 on Sat, 13
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    On 13 Jan 2024 at 05:55:56 GMT, "Roland Perry" <roland@perry.uk> wrote: >>>>
    In message <l0e03tFecouU1@mid.individual.net>, at 23:25:49 on Fri, 12 >>>>> Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    What level of authority were they exercising when "requiring" you to >>>>>>>>>> be an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also
    contractually required to comply with.

    There is such a thing as an unfair contract.

    Are you quite sure there's such a thing as an unfair employment
    contract?

    Cites please.

    Truck Acts, abolition of slavery, Working Time Directive, laws against >>>>>> indentured labour which I don't know off the top of my head. And
    quite a lot
    of case law, I should think.

    Please explain how those might apply to the quite common requirement in >>>>> employment contracts that an employee not only has a clean licence,
    business use insurance, and their own car. Rather than the employer
    saying "in the absence of any one of those, you can pout a taxi on your >>>>> expenses".

    I answered the question you asked, about unfair employment contracts.

    With some legislative examples none of which have the word "unfair" in
    their title.

    But they all described employment contract terms which would be unenforceable

    Unenforceable contains a whole bunch of things which are not within the
    realm of the OFT [enforcer of "unfair contracts"] as was.

    because they were not considered to be fair or reasonable for the employee. >> Your point is? You didn't ask for specific employment law Acts which included
    "unfair" in their title, and it would not be useful to have done so.

    Perhaps you could answer my question about the employee calling a taxi
    at the firm's expense, if he thought the employment contract stipulation
    was unfair (and knew that in the short/medium term if he ignored it,
    he'd be fired).

    He could either put up with it or go for constructive dismissal or unfair dismissal depending how things pan out. But whether he could prove the latter would *not* depend on whether the word "unfair" appeared at all in the
    relevant law, let alone in the title of an Act.

    --
    Roger Hayter

    --- SoupGate-Win32 v1.05
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  • From Roland Perry@21:1/5 to All on Sat Jan 13 14:53:56 2024
    In message <l0fl0sFnu1dU1@mid.individual.net>, at 14:28:44 on Sat, 13
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    On 13 Jan 2024 at 14:02:56 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <l0f9tpFlspfU1@mid.individual.net>, at 11:19:21 on Sat, 13
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    On 13 Jan 2024 at 10:45:23 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <l0f2gtFkg0hU1@mid.individual.net>, at 09:13:01 on Sat, 13
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    On 13 Jan 2024 at 05:55:56 GMT, "Roland Perry" <roland@perry.uk> wrote: >>>>>
    In message <l0e03tFecouU1@mid.individual.net>, at 23:25:49 on Fri, 12 >>>>>> Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    What level of authority were they exercising when "requiring" you to
    be an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also
    contractually required to comply with.

    There is such a thing as an unfair contract.

    Are you quite sure there's such a thing as an unfair employment >>>>>>>> contract?

    Cites please.

    Truck Acts, abolition of slavery, Working Time Directive, laws >>>>>>>against indentured labour which I don't know off the top of my
    quite a lot of case law, I should think.

    Please explain how those might apply to the quite common requirement in >>>>>> employment contracts that an employee not only has a clean licence, >>>>>> business use insurance, and their own car. Rather than the employer >>>>>> saying "in the absence of any one of those, you can pout a taxi on your >>>>>> expenses".

    I answered the question you asked, about unfair employment contracts. >>>>
    With some legislative examples none of which have the word "unfair" in >>>> their title.

    But they all described employment contract terms which would be >>>unenforceable

    Unenforceable contains a whole bunch of things which are not within the
    realm of the OFT [enforcer of "unfair contracts"] as was.

    because they were not considered to be fair or reasonable for the employee. >>> Your point is? You didn't ask for specific employment law Acts which >>>included
    "unfair" in their title, and it would not be useful to have done so.

    Perhaps you could answer my question about the employee calling a taxi
    at the firm's expense, if he thought the employment contract stipulation
    was unfair (and knew that in the short/medium term if he ignored it,
    he'd be fired).

    He could either put up with it

    Which means paying the 'unfair' cost of insurance.

    or go for constructive dismissal or unfair dismissal

    That rarely ends well, even if the employee wins in court. Who pays
    their mortgage in the six months it's in front of the tribunal?

    depending how things pan out. But whether he could prove the latter
    would *not* depend on whether the word "unfair" appeared at all in the >relevant law, let alone in the title of an Act.

    I used to have rule on Usenet that if anyone said "that's an Unfair
    Contract", I would say "Sadly not, because no-one has ever won a
    case on that basis".
    --
    Roland Perry

    --- SoupGate-Win32 v1.05
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  • From JNugent@21:1/5 to Roland Perry on Sat Jan 13 16:17:39 2024
    On 13/01/2024 02:02 pm, Roland Perry wrote:
    In message <l0f9tpFlspfU1@mid.individual.net>, at 11:19:21 on Sat, 13
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    On 13 Jan 2024 at 10:45:23 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <l0f2gtFkg0hU1@mid.individual.net>, at 09:13:01 on Sat, 13
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    On 13 Jan 2024 at 05:55:56 GMT, "Roland Perry" <roland@perry.uk> wrote: >>>>
    In message <l0e03tFecouU1@mid.individual.net>, at 23:25:49 on Fri, 12 >>>>> Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    What level of authority were they exercising when "requiring" >>>>>>>>>> you to
    be  an AA / RAC member?

     Writing it in the corporate H&S policy, which I was also
    contractually  required to comply with.

    There is such a thing as an unfair contract.

    Are you quite sure there's such a thing as an unfair employment
    contract?

    Cites please.

    Truck Acts, abolition of slavery, Working Time Directive, laws
    against
    indentured labour which I don't know off the top of my head. And
    quite a lot
    of case law, I should think.

    Please explain how those might apply to the quite common
    requirement in
    employment contracts that an employee not only has a clean licence,
    business use insurance, and their own car. Rather than the employer
    saying "in the absence of any one of those, you can pout a taxi on
    your
    expenses".

    I answered the question you asked, about unfair employment contracts.

    With some legislative examples none of which have the word "unfair" in
    their title.

    But they all described employment contract terms which would be
    unenforceable

    Unenforceable contains a whole bunch of things which are not within the
    realm of the OFT [enforcer of "unfair contracts"] as was.

    because they were not considered to be fair or reasonable for the
    employee.
    Your point is? You didn't ask for specific employment law Acts which
    included
    "unfair" in their title, and it would not be useful to have done so.

    Perhaps you could answer my question about the employee calling a taxi
    at the firm's expense, if he thought the employment contract stipulation
    was unfair (and knew that in the short/medium term if he ignored it,
    he'd be fired).

    How could anyone answer that, without being able to detect and
    understand your employer's mind-set?

    --- SoupGate-Win32 v1.05
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  • From JNugent@21:1/5 to Roland Perry on Sat Jan 13 16:09:50 2024
    On 13/01/2024 05:55 am, Roland Perry wrote:
    In message <l0e03tFecouU1@mid.individual.net>, at 23:25:49 on Fri, 12
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    What level of authority were they exercising when "requiring" you to >>>>>> be  an AA / RAC member?

     Writing it in the corporate H&S policy, which I was also
    contractually  required to comply with.

    There is such a thing as an unfair contract.

    Are you quite sure there's such a thing as an unfair employment
    contract?

    Cites please.

    Truck Acts, abolition of slavery, Working Time Directive, laws against
    indentured labour which I don't know off the top of my head. And quite
    a lot
    of case law, I should think.

    Please explain how those might apply to the quite common requirement in employment contracts that an employee not only has a clean licence,
    business use insurance, and their own car.

    I have certainly had those requirements applied to me (and easily
    satisfied them).

    But that was because I was using my car for transport on official
    business and was claiming expenses, mileage, subsistence and incidentals
    such as parking, tolls, etc).

    Rather than the employer
    saying "in the absence of any one of those, you can pout a taxi on your expenses".

    Did you ever have a hire car booked for you?

    For longer journeys (eg, 150 miles return), I would often arrive home to
    find a hire car awaiting me for use the next morning - originally on my driveway (I soon had that practice stopped, with the hire car left on
    the road).

    --- SoupGate-Win32 v1.05
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  • From JNugent@21:1/5 to Mark Goodge on Sat Jan 13 16:05:44 2024
    On 12/01/2024 09:09 pm, Mark Goodge wrote:

    On Fri, 12 Jan 2024 14:57:49 +0000, JNugent <jnugent@mail.com> wrote:
    On 12/01/2024 01:29 pm, Mark Goodge wrote:


    [ ... ]

    I don't know, offhand. But there's no such exemption in current legislation.
    The current legislation actually goes the other way, and makes more
    stringent requirements for test certificates if the vehicle is being used as
    a taxi. Normally, a car doesn't need an MOT until it's three years old. A >>> taxi needs one once it's one year old.

    But not when presented as a new vehicle?

    No; it's still assumed that an entirely new vehicle will be roadworthy. So there's no legal requirement for an MOT for taxis less than a year old. But
    a licensing authority may well require it, in which case the operator would need to get an MOT done as soon as they buy the vehicle.

    Some local authorities never had their own testing facilities and DID
    rely upon the MOT test. Has that changed?

    No. If the authority doesn't run its own tests (or doesn't outsource it to one or more approved provides), then the vehicle needs a normal MOT.

    Well, ever since circa 1960, that was already the case. it's this
    automatic issuing of an MOT certificate to vehicles which are in any
    case subject to a more stringent regime which is the change, according
    to what you have said.

    There is no obvious reason for that change. There is certainly no
    benefit to anyone arising from it.

    --- SoupGate-Win32 v1.05
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  • From JNugent@21:1/5 to Roland Perry on Sat Jan 13 16:12:22 2024
    On 13/01/2024 05:59 am, Roland Perry wrote:
    In message <iga3qilv3mvg65kscbqd3s290tss24basj@4ax.com>, at 21:09:57 on
    Fri, 12 Jan 2024, Mark Goodge <usenet@listmail.good-stuff.co.uk> remarked:
    On Fri, 12 Jan 2024 14:57:49 +0000, JNugent <jnugent@mail.com> wrote:

    On 12/01/2024 01:29 pm, Mark Goodge wrote:

    I don't know, offhand. But there's no such exemption in current
    legislation.
    The current legislation actually goes the other way, and makes more
    stringent requirements for test certificates if the vehicle is being
    used as
    a taxi. Normally, a car doesn't need an MOT until it's three years
    old. A
    taxi needs one once it's one year old.

    But not when presented as a new vehicle?

    No; it's still assumed that an entirely new vehicle will be roadworthy.

    Flanders and Swann: "They've started testing cars now. It started at 10 years, then 5, now three. There's even some talk of having them tested
    before they leave the factory."

    There has been talk of making the test two-yearly. I wish they'd hurry
    up with it. I have a car bought exactly ten years ago with four miles on
    the clock and still less than 22,000. A goof half of the nine MOT tests
    so far (another due by 31st) have effectively been a waste of effort and
    money.

    --- SoupGate-Win32 v1.05
    * Origin: fsxNet Usenet Gateway (21:1/5)
  • From JNugent@21:1/5 to Roland Perry on Sat Jan 13 16:16:07 2024
    On 13/01/2024 06:06 am, Roland Perry wrote:
    In message <l0des3Fbce5U1@mid.individual.net>, at 18:31:30 on Fri, 12
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 12/01/2024 04:48 pm, Roland Perry wrote:

    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    JNugent <jnugent@mail.com> remarked:
    Goodge wrote:
    JNugent <jnugent@mail.com> wrote:
    Anthony R. Gold wrote:

    If you act as a taxi driver you should insure as a taxi
    driver :-)

    You can't.
    Not unless you *are* a taxi-driver.

     You can, and in fact you must, if you wish to become a taxi >>>>>>>>> driver***. Bearing  in mind that it's the vehicle which is
    insured,  not the driver, most  licensing authorities have a >>>>>>>>> rule  that you  have to have the appropriate  insurance in >>>>>>>>> place before  applying  for a hackney or private hire  licence. >>>
    I can't see how that can be true.
    In general terms, because of double-shifting, about half of
    taxi-drivers in E&W do not own the taxi they drive. It might be >>>>>>>> might be as much as 60%. But it's a significant proportion.

    You can't get insurance for a vehicle you don't own.

     Don't be ridiculous. Apart from the millions of ordinary cars
    owned  by  leasing companies, you can get insurance for a car
    owned  by a  friend  who is willing to loan it to you.

    Why, and for what possible LAWFUL reason, would the proprietor of
    a  licenced taxi *lend* it to a friend who was not a licenced taxi

     Oh, so what you meant to write was "You can't get insurance for a
    *taxi*  you don't own". Do try harder to be more precise.

    That was the sole context. There was no need to keep repeating it.
     Your deliberate misinterpretation is becoming beyond tedious.

    Your recent diversion away from the subject of taxis (which is what
    was being discussed, not secondhand Ford Fusions) was the
    misinterpretation (unless there's a better word for it).

    Cars are one thing (I have one on very long-term loan and meet all
    outgoings on it), but you have not explained why a business proprietor
    would lend an expensive piece of capital equipment (capable of earning
    its own keep at any and every time of the day and night, 365 days a year)

    Slim pickings out here in rural Cambridgeshire, when for example the
    station has only one train an hour, and not even a cab-rank.

    ...And?

    to a friend rather than putting it to work.

    Then you need to hone your comprehension skills. I explained it exactly
    - some days he hires a white van and drives that instead. In fact he
    isn't a full-time taxi driver anyway, mainly doing just lucrative
    pre-booked school-runs.

    That doesn't make it legal for an unlicenced driver to borrow a licenced
    taxi, does it?

    You have not explained what lawful use such a friend (not being a
    licenced taxi-driver for the same licencing area) would be thinking of
    making of the taxi.

    I would use it for my own SD&P, which I sincerely hope you will not try
    to challenge as a lawful activity.

    On which insurance?

    Are you sure the taxi is Road Taxed for private use (they usually
    aren't, though the proprietor may have opt for it at extra expense)?

    I have misinterpreted nothing.

    If you really believe that, it speaks volumes.

    If that comforts you...

    --- SoupGate-Win32 v1.05
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  • From Mark Goodge@21:1/5 to JNugent on Sat Jan 13 22:08:26 2024
    On Sat, 13 Jan 2024 16:05:44 +0000, JNugent <jnugent@mail.com> wrote:

    On 12/01/2024 09:09 pm, Mark Goodge wrote:

    On Fri, 12 Jan 2024 14:57:49 +0000, JNugent <jnugent@mail.com> wrote:
    On 12/01/2024 01:29 pm, Mark Goodge wrote:


    [ ... ]

    I don't know, offhand. But there's no such exemption in current legislation.
    The current legislation actually goes the other way, and makes more
    stringent requirements for test certificates if the vehicle is being used as
    a taxi. Normally, a car doesn't need an MOT until it's three years old. A >>>> taxi needs one once it's one year old.

    But not when presented as a new vehicle?

    No; it's still assumed that an entirely new vehicle will be roadworthy. So >> there's no legal requirement for an MOT for taxis less than a year old. But >> a licensing authority may well require it, in which case the operator would >> need to get an MOT done as soon as they buy the vehicle.

    Some local authorities never had their own testing facilities and DID
    rely upon the MOT test. Has that changed?

    No. If the authority doesn't run its own tests (or doesn't outsource it to >> one or more approved provides), then the vehicle needs a normal MOT.

    Well, ever since circa 1960, that was already the case. it's this
    automatic issuing of an MOT certificate to vehicles which are in any
    case subject to a more stringent regime which is the change, according
    to what you have said.

    There is no obvious reason for that change. There is certainly no
    benefit to anyone arising from it.

    The reason is so that the vehicle will show up on the PNC and the DVLA MOT checker as having a valid MOT. And so that the vehicle has a valid MOT if
    and when the owner wants to sell it.

    Mark

    --- SoupGate-Win32 v1.05
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  • From Roland Perry@21:1/5 to All on Sun Jan 14 07:55:48 2024
    In message <l0fqudForqoU4@mid.individual.net>, at 16:09:50 on Sat, 13
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 13/01/2024 05:55 am, Roland Perry wrote:
    In message <l0e03tFecouU1@mid.individual.net>, at 23:25:49 on Fri, 12
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    What level of authority were they exercising when "requiring" you to >>>>>>> be an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also
    contractually required to comply with.

    There is such a thing as an unfair contract.

    Are you quite sure there's such a thing as an unfair employment
    contract?

    Cites please.

    Truck Acts, abolition of slavery, Working Time Directive, laws
    against indentured labour which I don't know off the top of my head.
    And quite a lot of case law, I should think.

    Please explain how those might apply to the quite common requirement
    in employment contracts that an employee not only has a clean
    licence, business use insurance, and their own car.

    I have certainly had those requirements applied to me (and easily
    satisfied them).

    But that was because I was using my car for transport on official
    business and was claiming expenses, mileage, subsistence and
    incidentals such as parking, tolls, etc).

    I have already stated that in six years I was never required to use the
    car on business, so there's no revenue to offset those costs from.

    Rather than the employer saying "in the absence of any one of those,
    you can pout a taxi on your expenses".

    Did you ever have a hire car booked for you?

    That would be impractical because any requirement for ad-hoc use of the
    car on business would almost certainly occur spontaneously, and you
    can't hire a car in five minutes.

    For longer journeys (eg, 150 miles return), I would often arrive home
    to find a hire car awaiting me for use the next morning - originally on
    my driveway (I soon had that practice stopped, with the hire car left
    on the road).

    The ad-hoc trips I would have made, most likely less than five miles per session.
    --
    Roland Perry

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  • From Roland Perry@21:1/5 to All on Sun Jan 14 08:01:20 2024
    In message <l0gf2aFmdkuU2@mid.individual.net>, at 21:53:13 on Sat, 13
    Jan 2024, Simon Parker <simonparkerulm@gmail.com> remarked:
    On 12/01/2024 01:32, JNugent wrote:
    On 11/01/2024 03:09 pm, Roland Perry wrote:
    In message <l09sttFlcfnU2@mid.individual.net>, at 10:06:53 on Thu, 11
    Jan 2024, JNugent <jnugent@mail.com> remarked:

    So what was the problem?

    That they required me to have the roadside assistance policy, at my own
    expense. b
    But why, if you were not using the car on (their) business?

    Roland hasn't provided details but perhaps his salary included a 'car >allowance' in lieu of a company car as there are incentives to both the >employer and employee in doing this.

    No, neither of those, indeed I didn't even have a car parking space for
    my own car.

    Even if it wasn't "ring-fenced" as such within the contract of
    employment, providing Roland wasn't earning minimum wage, which I
    seriously doubt, the employer would be able to argue that the salary
    included a car allowance and this is why it is fair and reasonable for
    the contract of employment to detail which vehicles may be used whilst
    on company business.

    Yes, that could be the case for some employments, but as it happens I
    was part-time, so the overall remuneration wasn't much more than
    pin-money anyway.

    What level of authority were they exercising when "requiring" you to be >>>> an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also contractually
    required to comply with.

    There is such a thing as an unfair contract.

    There is. But I doubt this would be even close to qualifying unless
    you have some specific legislation or case law to cite?

    What? To go home for the night in?

    Usually to run some business errand, for example taking something which
    needed shipping to the courier depot, or something to the bank.
    Why do you need personal membership of the AA for that?

    As I pointed out in a previous post to this thread, (although I didn't >provide a specific cite which I will take this opportunity to address),
    in their advice for "Driving and riding safely for work" the Health and >Safety Executive state the following in section 6, The law and how it
    is regulated [1]:

    <Begin Quote>
    You or your organisation could be prosecuted for Gross Negligence >Manslaughter or under the Corporate Manslaughter and Corporate Homicide
    Act 2007 if:

    one of your workers is involved in a road traffic incident while
    driving for work and this results in the death of the worker or another >person,

    and

    there is evidence that the death was caused by either a grossly
    negligent act or omission; or by serious management failures amounting
    to a ‘gross breach of a relevant duty of care’
    <End Quote>

    Additionally, ROSPA have produced a document which covers the risks of >employees using their own vehicles at work and the risks employers must >consider. [2]

    Companies are risk averse and the mere risk of prosecution may cause
    them to respond with what some see as an over-reaction.

    Be that as it may, employers have a legal duty to perform a risk
    assessment for employees that may be required to drive as part of their
    job.

    This can include ensuring that they have membership of an approved
    breakdown service so that should they, for example, get a flat tyre on
    the motorway, the breakdown service will either recover the vehicle or
    change the tyre for them, rather than the employee doing it with the >unavoidable risk involved for the employee and the potential for the
    HSE involvement should there be an incident.

    In the past, I've had to complete (a series of boxes that needed
    initialling) and sign a declaration each month confirming that I've
    carried out the necessary safety inspections on my personal car which I
    was authorised to use for work purposes. (E.g. checking tyre pressure,
    tyre tread depth, ensuring there is sufficient screen wash in the
    vehicle, that the windscreen wipers are working effectively, that the
    vehicle has been washed and vacuumed no less frequently than
    fortnightly etc.)

    Then there was the annual production of one's driving licence,
    insurance certificate and MOT to ensure everything was in order.

    IME, (which I appreciate may be different from yours), this is the way
    it is in large, well-run organisations.

    [snip remainder of post]

    Regards

    S.P.

    [1] https://www.hse.gov.uk/roadsafety/employer/the-law.htm#article
    [2]
    https://www.rospa.com/rospaweb/docs/advice-services/road-safety/employer >s/work-own-vehicles.pdf


    --
    Roland Perry

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  • From Roland Perry@21:1/5 to All on Sun Jan 14 07:51:28 2024
    In message <l0frd3Fp1jrU2@mid.individual.net>, at 16:17:39 on Sat, 13
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 13/01/2024 02:02 pm, Roland Perry wrote:
    In message <l0f9tpFlspfU1@mid.individual.net>, at 11:19:21 on Sat, 13
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    On 13 Jan 2024 at 10:45:23 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <l0f2gtFkg0hU1@mid.individual.net>, at 09:13:01 on Sat, 13
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    On 13 Jan 2024 at 05:55:56 GMT, "Roland Perry" <roland@perry.uk> wrote: >>>>>
    In message <l0e03tFecouU1@mid.individual.net>, at 23:25:49 on Fri, 12 >>>>>> Jan 2024, Roger Hayter <roger@hayter.org> remarked:

    What level of authority were they exercising when >>>>>>>>>>>"requiring" you to be an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also
    contractually required to comply with.

    There is such a thing as an unfair contract.

    Are you quite sure there's such a thing as an unfair employment >>>>>>>> contract?

    Cites please.

    Truck Acts, abolition of slavery, Working Time Directive, laws >>>>>>>against indentured labour which I don't know off the top of my >>>>>>>head. And quite a lot of case law, I should think.

    Please explain how those might apply to the quite common >>>>>>requirement in
    employment contracts that an employee not only has a clean licence, >>>>>> business use insurance, and their own car. Rather than the employer >>>>>> saying "in the absence of any one of those, you can pout a taxi
    on your
    expenses".

    I answered the question you asked, about unfair employment contracts. >>>>
    With some legislative examples none of which have the word "unfair" in >>>> their title.

    But they all described employment contract terms which would be >>>unenforceable

    Unenforceable contains a whole bunch of things which are not within
    the realm of the OFT [enforcer of "unfair contracts"] as was.

    because they were not considered to be fair or reasonable for the >>>employee. Your point is? You didn't ask for specific employment law
    Acts which included "unfair" in their title, and it would not be
    useful to have done so.

    Perhaps you could answer my question about the employee calling a
    taxi at the firm's expense, if he thought the employment contract >>stipulation was unfair (and knew that in the short/medium term if he >>ignored it, he'd be fired).

    How could anyone answer that, without being able to detect and
    understand your employer's mind-set?

    Perhaps you use your own experience, and that of others you have heard expressed, quite how likely it would be an employer whose mindset had
    that requirement (for roadside assistance on a car employees were
    contractually required to own) to pay bills for taxis, if the
    employee(s) refused to buy that roadside assistance.
    --
    Roland Perry

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  • From Roland Perry@21:1/5 to All on Sun Jan 14 08:08:31 2024
    In message <l0fra7Fp1jrU1@mid.individual.net>, at 16:16:07 on Sat, 13
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 13/01/2024 06:06 am, Roland Perry wrote:
    In message <l0des3Fbce5U1@mid.individual.net>, at 18:31:30 on Fri, 12
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 12/01/2024 04:48 pm, Roland Perry wrote:

    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    JNugent <jnugent@mail.com> remarked:
    Goodge wrote:
    JNugent <jnugent@mail.com> wrote:
    Anthony R. Gold wrote:

    If you act as a taxi driver you should insure as a taxi >>>>>>>>>>>>

    You can't.
    Not unless you *are* a taxi-driver.

    You can, and in fact you must, if you wish to become a taxi >>>>>>>>>>driver***. Bearing in mind that it's the vehicle which is >>>>>>>>>>insured, not the driver, most licensing authorities have a >>>>>>>>>>rule that you have to have the appropriate insurance in >>>>>>>>>>place before applying for a hackney or private hire licence.

    I can't see how that can be true.
    In general terms, because of double-shifting, about half of >>>>>>>>>taxi-drivers in E&W do not own the taxi they drive. It might be >>>>>>>>>might be as much as 60%. But it's a significant proportion.

    You can't get insurance for a vehicle you don't own.

    Don't be ridiculous. Apart from the millions of ordinary cars >>>>>>>>owned by leasing companies, you can get insurance for a car >>>>>>>>owned by a friend who is willing to loan it to you.

    Why, and for what possible LAWFUL reason, would the proprietor >>>>>>>of a licenced taxi *lend* it to a friend who was not a licenced taxi >>>
    Oh, so what you meant to write was "You can't get insurance for
    a *taxi* you don't own". Do try harder to be more precise.

    That was the sole context. There was no need to keep repeating it.

    Your deliberate misinterpretation is becoming beyond tedious.

    Your recent diversion away from the subject of taxis (which is what
    was being discussed, not secondhand Ford Fusions) was the >>>misinterpretation (unless there's a better word for it).

    Cars are one thing (I have one on very long-term loan and meet all >>>outgoings on it), but you have not explained why a business
    proprietor would lend an expensive piece of capital equipment
    (capable of earning its own keep at any and every time of the day
    and night, 365 days a year)

    Slim pickings out here in rural Cambridgeshire, when for example the >>station has only one train an hour, and not even a cab-rank.

    ...And?

    Are you being deliberately obtuse? It means it's difficult to earn a
    living as a full-time taxi driver, so there's other things they do,
    which don't require then to be driving their taxi.

    to a friend rather than putting it to work.

    Then you need to hone your comprehension skills. I explained it
    exactly - some days he hires a white van and drives that instead. In
    fact he isn't a full-time taxi driver anyway, mainly doing just
    lucrative pre-booked school-runs.

    That doesn't make it legal for an unlicenced driver to borrow a
    licenced taxi, does it?

    Please provide a cite for any rule which says only licenced taxi drivers
    are allowed to drive a car with "Taxi" painted on the side. They
    wouldn't be able to ply-for-hire, but I've already debunked that
    particular red herring.

    You have not explained what lawful use such a friend (not being a >>>licenced taxi-driver for the same licencing area) would be thinking
    of making of the taxi.

    I would use it for my own SD&P, which I sincerely hope you will not
    try to challenge as a lawful activity.

    On which insurance?

    Could be anything from an "any driver" type policy on his vehicle, to an
    "other vehicle" clause in my policy, or even the kind of one-day
    insurance you can buy online these days.

    Are you sure the taxi is Road Taxed for private use (they usually
    aren't, though the proprietor may have opt for it at extra expense)?

    What makes you think taxis are exempt from VED (or even have a
    concessionary rate)?

    --
    Roland Perry

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  • From JNugent@21:1/5 to Roland Perry on Sun Jan 14 13:40:49 2024
    On 14/01/2024 07:55 am, Roland Perry wrote:
    In message <l0fqudForqoU4@mid.individual.net>, at 16:09:50 on Sat, 13
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 13/01/2024 05:55 am, Roland Perry wrote:
    In message <l0e03tFecouU1@mid.individual.net>, at 23:25:49 on Fri, 12
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    What level of authority were they exercising when "requiring"
    you to
    be  an AA / RAC member?

     Writing it in the corporate H&S policy, which I was also
    contractually  required to comply with.

    There is such a thing as an unfair contract.

    Are you quite sure there's such a thing as an unfair employment
    contract?

    Cites please.

    Truck Acts, abolition of slavery, Working Time Directive, laws
    against  indentured labour which I don't know off the top of my
    head. And quite  a lot  of case law, I should think.

     Please explain how those might apply to the quite common requirement
    in  employment contracts that an employee not only has a clean
    licence,  business use insurance, and their own car.

    I have certainly had those requirements applied to me (and easily
    satisfied them).

    But that was because I was using my car for transport on official
    business and was claiming expenses, mileage, subsistence and
    incidentals such as parking, tolls, etc).

    I have already stated that in six years I was never required to use the
    car on business, so there's no revenue to offset those costs from.

    Yes. I know. It is those facts which are so inexplicable (and your
    employer's stance can reasonably be described as "unfair").

    Rather than the employer  saying "in the absence of any one of those,
    you can pout a taxi on your  expenses".

    Did you ever have a hire car booked for you?

    That would be impractical because any requirement for ad-hoc use of the
    car on business would almost certainly occur spontaneously, and you
    can't hire a car in five minutes.

    For longer journeys (eg, 150 miles return), I would often arrive home
    to find a hire car awaiting me for use the next morning - originally
    on my driveway (I soon had that practice stopped, with the hire car
    left on the road).

    The ad-hoc trips I would have made, most likely less than five miles per session.

    But you didn't get expenses for that, you say?

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  • From JNugent@21:1/5 to Simon Parker on Sun Jan 14 13:35:18 2024
    On 13/01/2024 09:53 pm, Simon Parker wrote:

    On 12/01/2024 01:32, JNugent wrote:
    On 11/01/2024 03:09 pm, Roland Perry wrote:
    In message <l09sttFlcfnU2@mid.individual.net>, at 10:06:53 on Thu, 11
    Jan 2024, JNugent <jnugent@mail.com> remarked:

    So what was the problem?

    That they required me to have the roadside assistance policy, at my own
    expense. b

    But why, if you were not using the car on (their) business?

    Roland hasn't provided details but perhaps his salary included a 'car allowance' in lieu of a company car as there are incentives to both the employer and employee in doing this.

    Perhaps. Good point. But that would not have supported the "at my own
    expense" bit.

    Even if it wasn't "ring-fenced" as such within the contract of
    employment, providing Roland wasn't earning minimum wage, which I
    seriously doubt, the employer would be able to argue that the salary
    included a car allowance and this is why it is fair and reasonable for
    the contract of employment to detail which vehicles may be used whilst
    on company business.

    Well, quite.

    But...

    What level of authority were they exercising when "requiring" you to be >>>> an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also contractually
    required to comply with.

    There is such a thing as an unfair contract.

    There is.  But I doubt this would be even close to qualifying unless you have some specific legislation or case law to cite?

    Insistence - for no obvious good reason - that an employee spend a
    couple of hundred a year on a privately-provided service and without
    meeting that cost as an expense - sounds pretty unfair to me. It must
    seem unfaor to RP as well, otherwise he wouldn't complain about it,
    because he'd have nothing to complain about, n'est-ce-pas?

    What? To go home for the night in?

    Usually to run some business errand, for example taking something which
    needed shipping to the courier depot, or something to the bank.

    Why do you need personal membership of the AA for that?

    As I pointed out in a previous post to this thread, (although I didn't provide a specific cite which I will take this opportunity to address),
    in their advice for "Driving and riding safely for work" the Health and Safety Executive state the following in section 6, The law and how it is regulated [1]:

    <Begin Quote>
    You or your organisation could be prosecuted for Gross Negligence Manslaughter or under the Corporate Manslaughter and Corporate Homicide
    Act 2007 if:

    one of your workers is involved in a road traffic incident while driving
    for work and this results in the death of the worker or another person,

    and

    there is evidence that the death was caused by either a grossly
    negligent act or omission; or by serious management failures amounting
    to a ‘gross breach of a relevant duty of care’
    <End Quote>

    Additionally, ROSPA have produced a document which covers the risks of employees using their own vehicles at work and the risks employers must consider. [2]

    Companies are risk averse and the mere risk of prosecution may cause
    them to respond with what some see as an over-reaction.

    Be that as it may, employers have a legal duty to perform a risk
    assessment for employees that may be required to drive as part of their
    job.

    This can include ensuring that they have membership of an approved
    breakdown service so that should they, for example, get a flat tyre on
    the motorway, the breakdown service will either recover the vehicle or
    change the tyre for them, rather than the employee doing it with the unavoidable risk involved for the employee and the potential for the HSE involvement should there be an incident.

    One does not *reasonably* ensure that by insisting that the employee
    pays the cost. The company could itself provide AA or ARC (other
    breakdown services are available) attached to the company vehicle(s).

    In the past, I've had to complete (a series of boxes that needed
    initialling) and sign a declaration each month confirming that I've
    carried out the necessary safety inspections on my personal car which I
    was authorised to use for work purposes.  (E.g. checking tyre pressure,
    tyre tread depth, ensuring there is sufficient screen wash in the
    vehicle, that the windscreen wipers are working effectively, that the
    vehicle has been washed and vacuumed no less frequently than fortnightly etc.)

    Then there was the annual production of one's driving licence, insurance certificate and MOT to ensure everything was in order.

    IME, (which I appreciate may be different from yours), this is the way
    it is in large, well-run organisations.

    Yes, the same (other than the fortnightly car-wash - never a great
    pastime with me). I had to provide evidence of fully comp insurance in
    order to be able to get the full mileage rate.

    [snip remainder of post]

    Regards

    S.P.

    [1] https://www.hse.gov.uk/roadsafety/employer/the-law.htm#article
    [2] https://www.rospa.com/rospaweb/docs/advice-services/road-safety/employers/work-own-vehicles.pdf

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  • From JNugent@21:1/5 to Mark Goodge on Sun Jan 14 13:37:18 2024
    On 13/01/2024 10:08 pm, Mark Goodge wrote:
    On Sat, 13 Jan 2024 16:05:44 +0000, JNugent <jnugent@mail.com> wrote:

    On 12/01/2024 09:09 pm, Mark Goodge wrote:

    On Fri, 12 Jan 2024 14:57:49 +0000, JNugent <jnugent@mail.com> wrote:
    On 12/01/2024 01:29 pm, Mark Goodge wrote:


    [ ... ]

    I don't know, offhand. But there's no such exemption in current legislation.
    The current legislation actually goes the other way, and makes more
    stringent requirements for test certificates if the vehicle is being used as
    a taxi. Normally, a car doesn't need an MOT until it's three years old. A >>>>> taxi needs one once it's one year old.

    But not when presented as a new vehicle?

    No; it's still assumed that an entirely new vehicle will be roadworthy. So >>> there's no legal requirement for an MOT for taxis less than a year old. But >>> a licensing authority may well require it, in which case the operator would >>> need to get an MOT done as soon as they buy the vehicle.

    Some local authorities never had their own testing facilities and DID
    rely upon the MOT test. Has that changed?

    No. If the authority doesn't run its own tests (or doesn't outsource it to >>> one or more approved provides), then the vehicle needs a normal MOT.

    Well, ever since circa 1960, that was already the case. it's this
    automatic issuing of an MOT certificate to vehicles which are in any
    case subject to a more stringent regime which is the change, according
    to what you have said.

    There is no obvious reason for that change. There is certainly no
    benefit to anyone arising from it.

    The reason is so that the vehicle will show up on the PNC and the DVLA MOT checker as having a valid MOT. And so that the vehicle has a valid MOT if
    and when the owner wants to sell it.

    The licenced taxi is not the only sort of vehicle exempt from MOT testing...

    Having an option for "Exempt" on the PNC and DVLA screens would do the
    job better and more accurately.

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  • From JNugent@21:1/5 to Roland Perry on Sun Jan 14 13:52:40 2024
    On 14/01/2024 08:08 am, Roland Perry wrote:

    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 13/01/2024 06:06 am, Roland Perry wrote:
    In message <l0des3Fbce5U1@mid.individual.net>, at 18:31:30 on Fri, 12
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 12/01/2024 04:48 pm, Roland Perry wrote:
    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    JNugent <jnugent@mail.com> remarked:
    Goodge wrote:
    JNugent <jnugent@mail.com> wrote:
    Anthony R. Gold wrote:

    If you act as a taxi driver you should insure as a taxi

    You can't.
    Not unless you *are* a taxi-driver.

     You can, and in fact you must, if you wish to become a taxi >>>>>>>>>>> driver***. Bearing  in mind that it's the vehicle which is >>>>>>>>>>> insured,  not the driver, most  licensing authorities have a >>>>>>>>>>> rule  that you  have to have the appropriate  insurance in >>>>>>>>>>> place before  applying  for a hackney or private hire  licence.

    I can't see how that can be true.
    In general terms, because of double-shifting, about half of >>>>>>>>>> taxi-drivers in E&W do not own the taxi they drive. It might >>>>>>>>>> be might be as much as 60%. But it's a significant proportion.

    You can't get insurance for a vehicle you don't own.

     Don't be ridiculous. Apart from the millions of ordinary cars >>>>>>>>> owned  by  leasing companies, you can get insurance for a car >>>>>>>>> owned  by a  friend  who is willing to loan it to you.

    Why, and for what possible LAWFUL reason, would the proprietor >>>>>>>> of  a  licenced taxi *lend* it to a friend who was not a
    licenced taxi

     Oh, so what you meant to write was "You can't get insurance for >>>>>>> a  *taxi*  you don't own". Do try harder to be more precise.

    That was the sole context. There was no need to keep repeating it.

     Your deliberate misinterpretation is becoming beyond tedious.

    Your recent diversion away from the subject of taxis (which is what
    was being discussed, not secondhand Ford Fusions) was the
    misinterpretation (unless there's a better word for it).
    Cars are one thing (I have one on very long-term loan and meet all
    outgoings on it), but you have not explained why a business
    proprietor  would lend an expensive piece of capital equipment
    (capable of earning  its own keep at any and every time of the day
    and night, 365 days a year)

     Slim pickings out here in rural Cambridgeshire, when for example the
    station has only one train an hour, and not even a cab-rank.

    ...And?

    Are you being deliberately obtuse? It means it's difficult to earn a
    living as a full-time taxi driver, so there's other things they do,
    which don't require then to be driving their taxi.

    That bit is fair enough.

    It doesn't change the law on taxi- and taxi-driver licencing.

    to a friend rather than putting it to work.

     Then you need to hone your comprehension skills. I explained it
    exactly  - some days he hires a white van and drives that instead. In
    fact he  isn't a full-time taxi driver anyway, mainly doing just
    lucrative  pre-booked school-runs.

    That doesn't make it legal for an unlicenced driver to borrow a
    licenced taxi, does it?

    Please provide a cite for any rule which says only licenced taxi drivers
    are allowed to drive a car with "Taxi" painted on the side. They
    wouldn't be able to ply-for-hire, but I've already debunked that
    particular red herring.

    Is the vehicle insured for "any driver" or "any driver with a hackney
    carriage driver's licence"?

    Public hire insurance is quite focused.

    You have not explained what lawful use such a friend (not being a
    licenced taxi-driver for the same licencing area) would be thinking
    of  making of the taxi.

     I would use it for my own SD&P, which I sincerely hope you will not
    try  to challenge as a lawful activity.

    On which insurance?

    Could be anything from an "any driver" type policy on his vehicle, to an "other vehicle" clause in my policy, or even the kind of one-day
    insurance you can buy online these days.

    "Could be"?

    But is it?

    Are you sure the taxi is Road Taxed for private use (they usually
    aren't, though the proprietor may have opt for it at extra expense)?

    What makes you think taxis are exempt from VED (or even have a
    concessionary rate)?

    They aren't exempt from Road Tax. Far from it, though it does seem that
    the old Hackney rate has now been subsumed into the current dog's
    breakfast of different rates of Road Tax depending on all sorts of
    things, including (of all things) "list price".

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  • From Roland Perry@21:1/5 to All on Sun Jan 14 18:52:21 2024
    In message <l0i68mF7h6pU1@mid.individual.net>, at 13:35:18 on Sun, 14
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 13/01/2024 09:53 pm, Simon Parker wrote:

    On 12/01/2024 01:32, JNugent wrote:
    On 11/01/2024 03:09 pm, Roland Perry wrote:
    In message <l09sttFlcfnU2@mid.individual.net>, at 10:06:53 on Thu, 11
    Jan 2024, JNugent <jnugent@mail.com> remarked:

    So what was the problem?

    That they required me to have the roadside assistance policy, at my own >>>> expense. b

    But why, if you were not using the car on (their) business?
    Roland hasn't provided details but perhaps his salary included a
    'car allowance' in lieu of a company car as there are incentives to
    both the employer and employee in doing this.

    Perhaps. Good point. But that would not have supported the "at my own >expense" bit.

    Please try to keep up! The "own expense" here was having business and
    roadside assistance insurance at my own expense, with no actual business mileage to set them against.

    Even if it wasn't "ring-fenced" as such within the contract of >>employment, providing Roland wasn't earning minimum wage, which I
    seriously doubt, the employer would be able to argue that the salary >>included a car allowance and this is why it is fair and reasonable for
    the contract of employment to detail which vehicles may be used whilst
    on company business.

    Well, quite.

    But...

    What level of authority were they exercising when "requiring" you
    to be
    an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also contractually >>>> required to comply with.

    There is such a thing as an unfair contract.

    There is.  But I doubt this would be even close to qualifying
    unless you have some specific legislation or case law to cite?

    Insistence - for no obvious good reason - that an employee spend a
    couple of hundred a year on a privately-provided service and without
    meeting that cost as an expense - sounds pretty unfair to me.

    "Unfair" is a term of art, and is far too readily bandied about.

    There were plenty of other things employees were expected to comply
    with, for no recompense. For example a very stern memo sent round when
    we were all required to work from home "Because of Covid", that over
    their dead body could we claim any connectivity/heating/etc costs.

    It must seem unfaor

    Inequitable, to avoid the term of art.

    to RP as well, otherwise he wouldn't complain about it, because he'd
    have nothing to complain about, n'est-ce-pas?

    What? To go home for the night in?

    Usually to run some business errand, for example taking something which >>>> needed shipping to the courier depot, or something to the bank.

    Why do you need personal membership of the AA for that?

    As I pointed out in a previous post to this thread, (although I
    didn't provide a specific cite which I will take this opportunity to >>address), in their advice for "Driving and riding safely for work"
    the Health and Safety Executive state the following in section 6, The
    law and how it is regulated [1]:
    <Begin Quote>
    You or your organisation could be prosecuted for Gross Negligence >>Manslaughter or under the Corporate Manslaughter and Corporate
    Homicide Act 2007 if:
    one of your workers is involved in a road traffic incident while
    driving for work and this results in the death of the worker or
    another person,
    and
    there is evidence that the death was caused by either a grossly
    negligent act or omission; or by serious management failures amounting
    to a ‘gross breach of a relevant duty of care’
    <End Quote>
    Additionally, ROSPA have produced a document which covers the risks
    of employees using their own vehicles at work and the risks employers
    must consider. [2]
    Companies are risk averse and the mere risk of prosecution may cause
    them to respond with what some see as an over-reaction.
    Be that as it may, employers have a legal duty to perform a risk >>assessment for employees that may be required to drive as part of
    their job.
    This can include ensuring that they have membership of an approved >>breakdown service so that should they, for example, get a flat tyre on
    the motorway, the breakdown service will either recover the vehicle or >>change the tyre for them, rather than the employee doing it with the >>unavoidable risk involved for the employee and the potential for the
    HSE involvement should there be an incident.

    One does not *reasonably* ensure that by insisting that the employee
    pays the cost. The company could itself provide AA or ARC (other
    breakdown services are available) attached to the company vehicle(s).

    In the past, I've had to complete (a series of boxes that needed >>initialling) and sign a declaration each month confirming that I've
    carried out the necessary safety inspections on my personal car which
    I was authorised to use for work purposes.  (E.g. checking tyre
    pressure, tyre tread depth, ensuring there is sufficient screen wash
    in the vehicle, that the windscreen wipers are working effectively,
    that the vehicle has been washed and vacuumed no less frequently than >>fortnightly etc.)

    Then there was the annual production of one's driving licence,
    insurance certificate and MOT to ensure everything was in order.
    IME, (which I appreciate may be different from yours), this is the
    way it is in large, well-run organisations.

    Yes, the same (other than the fortnightly car-wash - never a great
    pastime with me).

    Back in the day a weekly/fortnightly car wash (at the employee's
    expense) was a common condition of employment. For the hard of
    understanding, non-compliance meant no transport available, which
    meant you were fired.

    Another job I once had required employees to be suitably dressed (at
    their own expense) and presentable to customers. They generously gave
    every employee an allowance to have one business suit dry-cleaned per
    year.

    I had to provide evidence of fully comp insurance

    And nowadays business use as well.

    in order to be able to get the full mileage rate.

    Did they really have a scheme to pay you less than the "full" rate if
    you chose to drive uninsured?

    [snip remainder of post]
    Regards
    S.P.
    [1] https://www.hse.gov.uk/roadsafety/employer/the-law.htm#article
    [2] >>https://www.rospa.com/rospaweb/docs/advice-services/road-safety/employe >>rs/work-own-vehicles.pdf


    --
    Roland Perry

    --- SoupGate-Win32 v1.05
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  • From Roger Hayter@21:1/5 to Roland Perry on Sun Jan 14 19:55:49 2024
    On 14 Jan 2024 at 18:52:21 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <l0i68mF7h6pU1@mid.individual.net>, at 13:35:18 on Sun, 14
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 13/01/2024 09:53 pm, Simon Parker wrote:

    On 12/01/2024 01:32, JNugent wrote:
    On 11/01/2024 03:09 pm, Roland Perry wrote:
    In message <l09sttFlcfnU2@mid.individual.net>, at 10:06:53 on Thu, 11 >>>>> Jan 2024, JNugent <jnugent@mail.com> remarked:

    So what was the problem?

    That they required me to have the roadside assistance policy, at my own >>>>> expense. b

    But why, if you were not using the car on (their) business?
    Roland hasn't provided details but perhaps his salary included a
    'car allowance' in lieu of a company car as there are incentives to
    both the employer and employee in doing this.

    Perhaps. Good point. But that would not have supported the "at my own
    expense" bit.

    Please try to keep up! The "own expense" here was having business and roadside assistance insurance at my own expense, with no actual business mileage to set them against.

    Even if it wasn't "ring-fenced" as such within the contract of
    employment, providing Roland wasn't earning minimum wage, which I
    seriously doubt, the employer would be able to argue that the salary
    included a car allowance and this is why it is fair and reasonable for
    the contract of employment to detail which vehicles may be used whilst
    on company business.

    Well, quite.

    But...

    What level of authority were they exercising when "requiring" you
    to be
    an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also contractually >>>>> required to comply with.

    There is such a thing as an unfair contract.

    There is. But I doubt this would be even close to qualifying
    unless you have some specific legislation or case law to cite?

    Insistence - for no obvious good reason - that an employee spend a
    couple of hundred a year on a privately-provided service and without
    meeting that cost as an expense - sounds pretty unfair to me.

    "Unfair" is a term of art, and is far too readily bandied about.

    snip

    I believe it is only a term of art (if at all) in relation to some consumer contracts. I can't remember if it is actually used in the terms of the Act or just in the title.



    --
    Roger Hayter

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  • From JNugent@21:1/5 to Roland Perry on Sun Jan 14 19:14:34 2024
    On 14/01/2024 06:52 pm, Roland Perry wrote:

    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 13/01/2024 09:53 pm, Simon Parker wrote:
    On 12/01/2024 01:32, JNugent wrote:
    On 11/01/2024 03:09 pm, Roland Perry wrote:
    In message <l09sttFlcfnU2@mid.individual.net>, at 10:06:53 on Thu, 11 >>>>> Jan 2024, JNugent <jnugent@mail.com> remarked:

    So what was the problem?

    That they required me to have the roadside assistance policy, at my
    own expense. b

    But why, if you were not using the car on (their) business?

     Roland hasn't provided details but perhaps his salary included a
    'car  allowance' in lieu of a company car as there are incentives to
    both the  employer and employee in doing this.

    Perhaps. Good point. But that would not have supported the "at my own
    expense" bit.

    Please try to keep up! The "own expense" here was having business and roadside assistance insurance at my own expense, with no actual business mileage to set them against.

    That's exactly what I thought you meant.

    And it's exactly what I said.

     Even if it wasn't "ring-fenced" as such within the contract of
    employment, providing Roland wasn't earning minimum wage, which I
    seriously doubt, the employer would be able to argue that the salary
    included a car allowance and this is why it is fair and reasonable
    for the contract of employment to detail which vehicles may be used
    whilst on company business.

    Well, quite.
    But...

    What level of authority were they exercising when "requiring" you
    to be an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also contractually >>>>> required to comply with.

    There is such a thing as an unfair contract.

     There is.  But I doubt this would be even close to qualifying unless
    you  have some specific legislation or case law to cite?

    Insistence - for no obvious good reason - that an employee spend a
    couple of hundred a year on a privately-provided service and without
    meeting that cost as an expense - sounds pretty unfair to me.

    "Unfair" is a term of art, and is far too readily bandied about.

    Ordinary English dictionary meaning will do for me.

    There were plenty of other things employees were expected to comply
    with, for no recompense. For example a very stern memo sent round when
    we were all required to work from home "Because of Covid", that over
    their dead body could we claim any connectivity/heating/etc costs.

    It must seem unfaor

    Inequitable, to avoid the term of art.

    to RP as well, otherwise he wouldn't complain about it, because he'd
    have nothing to complain about, n'est-ce-pas?

    What? To go home for the night in?

    Usually to run some business errand, for example taking something
    which needed shipping to the courier depot, or something to the
    bank.

    Why do you need personal membership of the AA for that?

     As I pointed out in a previous post to this thread, (although I
    didn't  provide a specific cite which I will take this opportunity to
    address),  in their advice for "Driving and riding safely for work"
    the Health and  Safety Executive state the following in section 6,
    The law and how it is  regulated [1]:
     <Begin Quote>
    You or your organisation could be prosecuted for Gross Negligence
    Manslaughter or under the Corporate Manslaughter and Corporate
    Homicide  Act 2007 if:
     one of your workers is involved in a road traffic incident while
    driving  for work and this results in the death of the worker or
    another person,
     and
     there is evidence that the death was caused by either a grossly
    negligent act or omission; or by serious management failures
    amounting to a ‘gross breach of a relevant duty of care’
    <End Quote>
     Additionally, ROSPA have produced a document which covers the risks
    of  employees using their own vehicles at work and the risks
    employers must  consider. [2]
     Companies are risk averse and the mere risk of prosecution may cause
    them to respond with what some see as an over-reaction.
     Be that as it may, employers have a legal duty to perform a risk
    assessment for employees that may be required to drive as part of
    their  job.
     This can include ensuring that they have membership of an approved
    breakdown service so that should they, for example, get a flat tyre
    on the motorway, the breakdown service will either recover the
    vehicle or change the tyre for them, rather than the employee doing
    it with the unavoidable risk involved for the employee and the
    potential for the HSE  involvement should there be an incident.

    One does not *reasonably* ensure that by insisting that the employee
    pays the cost. The company could itself provide AA or ARC (other
    breakdown services are available) attached to the company vehicle(s).

     In the past, I've had to complete (a series of boxes that needed
    initialling) and sign a declaration each month confirming that I've
    carried out the necessary safety inspections on my personal car which
    I  was authorised to use for work purposes.  (E.g. checking tyre
    pressure,  tyre tread depth, ensuring there is sufficient screen wash
    in the  vehicle, that the windscreen wipers are working effectively,
    that the  vehicle has been washed and vacuumed no less frequently
    than fortnightly  etc.)

     Then there was the annual production of one's driving licence,
    insurance  certificate and MOT to ensure everything was in order.
     IME, (which I appreciate may be different from yours), this is the
    way  it is in large, well-run organisations.

    Yes, the same (other than the fortnightly car-wash - never a great
    pastime with me).

    Back in the day a weekly/fortnightly car wash (at the employee's
    expense) was a common condition of employment. For the hard of
    understanding, non-compliance meant no transport available, which
    meant you were fired.

    No transport available for a job where you were not required to travel
    (hence getting no travel expenses)?

    Another job I once had required employees to be suitably dressed (at
    their own expense) and presentable to customers. They generously gave
    every employee an allowance to have one business suit dry-cleaned per year.

    I had to provide evidence of fully comp insurance

    And nowadays business use as well.

    Yes. That too.

    in order to be able to get the full mileage rate.

    Did they really have a scheme to pay you less than the "full" rate if
    you chose to drive uninsured?

    Uninsured, you wouldn't have got anything at all because you wouldn't
    have been sent in your own car.

    Yes - there is a lower rate. From memory, about 25p instead of 45p.

    [snip remainder of post]
     Regards
     S.P.
     [1] https://www.hse.gov.uk/roadsafety/employer/the-law.htm#article
    [2]
    https://www.rospa.com/rospaweb/docs/advice-services/road-safety/employe
    rs/work-own-vehicles.pdf



    --- SoupGate-Win32 v1.05
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  • From Roland Perry@21:1/5 to All on Sun Jan 14 18:43:29 2024
    In message <l0i6j1F7h6pU4@mid.individual.net>, at 13:40:49 on Sun, 14
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    What level of authority were they exercising when "requiring" you to >>>>>>>>> be an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also
    contractually required to comply with.

    There is such a thing as an unfair contract.

    Are you quite sure there's such a thing as an unfair employment
    contract?

    Cites please.

    Truck Acts, abolition of slavery, Working Time Directive, laws >>>>>against indentured labour which I don't know off the top of my
    head. And quite a lot of case law, I should think.

    Please explain how those might apply to the quite common
    requirement in employment contracts that an employee not only has
    a clean licence, business use insurance, and their own car.

    I have certainly had those requirements applied to me (and easily >>>satisfied them).

    But that was because I was using my car for transport on official >>>business and was claiming expenses, mileage, subsistence and
    incidentals such as parking, tolls, etc).

    I have already stated that in six years I was never required to use
    the car on business, so there's no revenue to offset those costs from.

    Yes. I know. It is those facts which are so inexplicable (and your
    employer's stance can reasonably be described as "unfair").

    Rather than the employer saying "in the absence of any one of
    those, you can pout a taxi on your expenses".

    Did you ever have a hire car booked for you?

    That would be impractical because any requirement for ad-hoc use of
    the car on business would almost certainly occur spontaneously, and
    you can't hire a car in five minutes.

    For longer journeys (eg, 150 miles return), I would often arrive
    home to find a hire car awaiting me for use the next morning - >>>originally on my driveway (I soon had that practice stopped, with
    the hire car left on the road).

    The ad-hoc trips I would have made, most likely less than five miles
    per session.

    But you didn't get expenses for that, you say?

    Two different scenarios, decades apart. You've completely misdirected
    yourself.

    The five mile trips were (40yrs ago) in whichever company car was
    easiest to extract from the car park, and nobody cared about five miles
    worth of petrol; so complete absence of payment to either the usual
    driver, or the person borrowing that car because it was blocking theirs
    in.

    I did once commandeer the CEO's Roller, which he wasn't entirely happy
    about, but as he'd previously let me chauffeur him to some business
    meetings, it wasn't about the risk I'd put a dent in the side. More
    about the principle of letting Tom, Dick or Harry do the same.
    --
    Roland Perry

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  • From Roland Perry@21:1/5 to All on Sun Jan 14 18:57:02 2024
    In message <l0i798F7n06U1@mid.individual.net>, at 13:52:40 on Sun, 14
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 14/01/2024 08:08 am, Roland Perry wrote:

    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 13/01/2024 06:06 am, Roland Perry wrote:
    In message <l0des3Fbce5U1@mid.individual.net>, at 18:31:30 on Fri,
    12 Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 12/01/2024 04:48 pm, Roland Perry wrote:
    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    JNugent <jnugent@mail.com> remarked:
    Roland Perry wrote:
    JNugent <jnugent@mail.com> remarked:
    Goodge wrote:
    JNugent <jnugent@mail.com> wrote:
    Anthony R. Gold wrote:

    If you act as a taxi driver you should insure as a taxi

    You can't.
    Not unless you *are* a taxi-driver.

    You can, and in fact you must, if you wish to become a >>>>>>>>>>>>taxi driver***. Bearing in mind that it's the vehicle >>>>>>>>>>>>which is insured, not the driver, most licensing >>>>>>>>>>>>authorities have a rule that you have to have the >>>>>>>>>>>>appropriate insurance in place before applying for a hackney or private hire licence.

    I can't see how that can be true.
    In general terms, because of double-shifting, about half of >>>>>>>>>>>taxi-drivers in E&W do not own the taxi they drive. It might >>>>>>>>>>>be might be as much as 60%. But it's a significant proportion.

    You can't get insurance for a vehicle you don't own.

    Don't be ridiculous. Apart from the millions of ordinary >>>>>>>>>>cars owned by leasing companies, you can get insurance for >>>>>>>>>>a car owned by a friend who is willing to loan it to you.

    Why, and for what possible LAWFUL reason, would the proprietor >>>>>>>>>of a licenced taxi *lend* it to a friend who was not a >>>>>>>>>licenced taxi

    Oh, so what you meant to write was "You can't get insurance >>>>>>>>for a *taxi* you don't own". Do try harder to be more precise.

    That was the sole context. There was no need to keep repeating it.

    Your deliberate misinterpretation is becoming beyond tedious.

    Your recent diversion away from the subject of taxis (which is
    what was being discussed, not secondhand Ford Fusions) was the >>>>>misinterpretation (unless there's a better word for it).
    Cars are one thing (I have one on very long-term loan and meet all >>>>>outgoings on it), but you have not explained why a business >>>>>proprietor would lend an expensive piece of capital equipment >>>>>(capable of earning its own keep at any and every time of the day >>>>>and night, 365 days a year)

    Slim pickings out here in rural Cambridgeshire, when for example
    the station has only one train an hour, and not even a cab-rank.

    ...And?

    Are you being deliberately obtuse? It means it's difficult to earn a >>living as a full-time taxi driver, so there's other things they do,
    which don't require then to be driving their taxi.

    That bit is fair enough.

    It doesn't change the law on taxi- and taxi-driver licencing.

    Which you appear to be unable (or is it just unwilling) to cite.

    to a friend rather than putting it to work.

    Then you need to hone your comprehension skills. I explained it >>>>exactly - some days he hires a white van and drives that instead.
    In fact he isn't a full-time taxi driver anyway, mainly doing just >>>>lucrative pre-booked school-runs.

    That doesn't make it legal for an unlicenced driver to borrow a
    licenced taxi, does it?

    Please provide a cite for any rule which says only licenced taxi
    drivers are allowed to drive a car with "Taxi" painted on the side.
    They wouldn't be able to ply-for-hire, but I've already debunked that >>particular red herring.

    Is the vehicle insured for "any driver" or "any driver with a hackney >carriage driver's licence"?

    You can but one-day insurance for otherwise uninsured vehicles.

    But you've done a swerve to concentrate on the insurance, not the VED.
    Please stop doing that, and answer the questions put to you.

    You have not explained what lawful use such a friend (not being a >>>>>licenced taxi-driver for the same licencing area) would be thinking >>>>>of making of the taxi.

    I would use it for my own SD&P, which I sincerely hope you will
    not try to challenge as a lawful activity.

    On which insurance?
    Could be anything from an "any driver" type policy on his vehicle,
    to an "other vehicle" clause in my policy, or even the kind of
    one-day insurance you can buy online these days.

    "Could be"?

    But is it?

    Who knows, we'd have to discuss that between ourselves on the day.

    Are you sure the taxi is Road Taxed for private use (they usually >>>aren't, though the proprietor may have opt for it at extra expense)?

    What makes you think taxis are exempt from VED (or even have a >>concessionary rate)?

    They aren't exempt from Road Tax. Far from it,

    Another massive swerve. This is getting extremely tedious.

    though it does seem that the old Hackney rate has now been subsumed
    into the current dog's breakfast of different rates of Road Tax
    depending on all sorts of things, including (of all things) "list price".

    The latter is presumably a proxy wealth-tax.
    --
    Roland Perry

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  • From Roland Perry@21:1/5 to All on Mon Jan 15 06:06:01 2024
    In message <l0isi5FbcoqU1@mid.individual.net>, at 19:55:49 on Sun, 14
    Jan 2024, Roger Hayter <roger@hayter.org> remarked:
    On 14 Jan 2024 at 18:52:21 GMT, "Roland Perry" <roland@perry.uk> wrote:

    In message <l0i68mF7h6pU1@mid.individual.net>, at 13:35:18 on Sun, 14
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 13/01/2024 09:53 pm, Simon Parker wrote:

    On 12/01/2024 01:32, JNugent wrote:
    On 11/01/2024 03:09 pm, Roland Perry wrote:
    In message <l09sttFlcfnU2@mid.individual.net>, at 10:06:53 on Thu, 11 >>>>>> Jan 2024, JNugent <jnugent@mail.com> remarked:

    So what was the problem?

    That they required me to have the roadside assistance policy, at my own >>>>>> expense. b

    But why, if you were not using the car on (their) business?

    Roland hasn't provided details but perhaps his salary included a
    'car allowance' in lieu of a company car as there are incentives to
    both the employer and employee in doing this.

    Perhaps. Good point. But that would not have supported the "at my own
    expense" bit.

    Please try to keep up! The "own expense" here was having business and
    roadside assistance insurance at my own expense, with no actual business
    mileage to set them against.

    Even if it wasn't "ring-fenced" as such within the contract of
    employment, providing Roland wasn't earning minimum wage, which I
    seriously doubt, the employer would be able to argue that the salary
    included a car allowance and this is why it is fair and reasonable for >>>> the contract of employment to detail which vehicles may be used whilst >>>> on company business.

    Well, quite.

    But...

    What level of authority were they exercising when "requiring" you >>>>>>> to be
    an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also contractually >>>>>> required to comply with.

    There is such a thing as an unfair contract.

    There is. But I doubt this would be even close to qualifying
    unless you have some specific legislation or case law to cite?

    Insistence - for no obvious good reason - that an employee spend a
    couple of hundred a year on a privately-provided service and without
    meeting that cost as an expense - sounds pretty unfair to me.

    "Unfair" is a term of art, and is far too readily bandied about.

    snip

    I believe it is only a term of art (if at all) in relation to some consumer >contracts.

    And yet some are currently trying to apply it to employment contracts.

    I can't remember if it is actually used in the terms of the Act or
    just in the title.

    It's used in the Act when referring to itself. The term used within the
    Act as a test, is "reasonable".

    --
    Roland Perry

    --- SoupGate-Win32 v1.05
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  • From Roland Perry@21:1/5 to All on Mon Jan 15 06:13:49 2024
    In message <l0iq4pFaunaU1@mid.individual.net>, at 19:14:34 on Sun, 14
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 14/01/2024 06:52 pm, Roland Perry wrote:

    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 13/01/2024 09:53 pm, Simon Parker wrote:
    On 12/01/2024 01:32, JNugent wrote:
    On 11/01/2024 03:09 pm, Roland Perry wrote:
    In message <l09sttFlcfnU2@mid.individual.net>, at 10:06:53 on Thu, 11 >>>>>> Jan 2024, JNugent <jnugent@mail.com> remarked:

    So what was the problem?

    That they required me to have the roadside assistance policy, at >>>>>>my own expense. b

    But why, if you were not using the car on (their) business?

     Roland hasn't provided details but perhaps his salary included a >>>>'car  allowance' in lieu of a company car as there are incentives
    to both the  employer and employee in doing this.

    Perhaps. Good point. But that would not have supported the "at my
    own expense" bit.

    Please try to keep up! The "own expense" here was having business
    and roadside assistance insurance at my own expense, with no actual >>business mileage to set them against.

    That's exactly what I thought you meant.

    And it's exactly what I said.

    Well swerved, quite an expert.

     Even if it wasn't "ring-fenced" as such within the contract of >>>>employment, providing Roland wasn't earning minimum wage, which I >>>>seriously doubt, the employer would be able to argue that the salary >>>>included a car allowance and this is why it is fair and reasonable
    for the contract of employment to detail which vehicles may be used >>>>whilst on company business.

    Well, quite.
    But...

    What level of authority were they exercising when "requiring" >>>>>>>you to be an AA / RAC member?

    Writing it in the corporate H&S policy, which I was also contractually >>>>>> required to comply with.

    There is such a thing as an unfair contract.

     There is.  But I doubt this would be even close to qualifying >>>>unless you  have some specific legislation or case law to cite?

    Insistence - for no obvious good reason - that an employee spend a >>>couple of hundred a year on a privately-provided service and without >>>meeting that cost as an expense - sounds pretty unfair to me.

    "Unfair" is a term of art, and is far too readily bandied about.

    Ordinary English dictionary meaning will do for me.

    But, Norman, the word is not in any Act relating to employment
    contracts.

    There were plenty of other things employees were expected to comply
    with, for no recompense. For example a very stern memo sent round when
    we were all required to work from home "Because of Covid", that over
    their dead body could we claim any connectivity/heating/etc costs.

    It must seem unfaor
    Inequitable, to avoid the term of art.

    to RP as well, otherwise he wouldn't complain about it, because he'd >>>have nothing to complain about, n'est-ce-pas?

    What? To go home for the night in?

    Usually to run some business errand, for example taking something >>>>>>which needed shipping to the courier depot, or something to the
    bank.

    Why do you need personal membership of the AA for that?

     As I pointed out in a previous post to this thread, (although I >>>>didn't  provide a specific cite which I will take this opportunity
    to address),  in their advice for "Driving and riding safely for >>>>work" the Health and  Safety Executive state the following in
    section 6, The law and how it is  regulated [1]:
     <Begin Quote>
    You or your organisation could be prosecuted for Gross Negligence >>>>Manslaughter or under the Corporate Manslaughter and Corporate >>>>Homicide  Act 2007 if:
     one of your workers is involved in a road traffic incident while >>>>driving  for work and this results in the death of the worker or >>>>another person,
     and
     there is evidence that the death was caused by either a grossly >>>>negligent act or omission; or by serious management failures
    amounting to a ‘gross breach of a relevant duty of care’
    <End Quote>
     Additionally, ROSPA have produced a document which covers the
    risks of  employees using their own vehicles at work and the risks >>>>employers must  consider. [2]
     Companies are risk averse and the mere risk of prosecution may
    cause them to respond with what some see as an over-reaction.
     Be that as it may, employers have a legal duty to perform a risk >>>>assessment for employees that may be required to drive as part of >>>>their  job.
     This can include ensuring that they have membership of an
    approved breakdown service so that should they, for example, get a
    flat tyre on the motorway, the breakdown service will either recover >>>>the vehicle or change the tyre for them, rather than the employee
    doing it with the unavoidable risk involved for the employee and the >>>>potential for the HSE  involvement should there be an incident.

    One does not *reasonably* ensure that by insisting that the employee >>>pays the cost. The company could itself provide AA or ARC (other >>>breakdown services are available) attached to the company vehicle(s).

     In the past, I've had to complete (a series of boxes that needed >>>>initialling) and sign a declaration each month confirming that I've >>>>carried out the necessary safety inspections on my personal car
    which I  was authorised to use for work purposes.  (E.g. checking >>>>tyre pressure,  tyre tread depth, ensuring there is sufficient
    screen wash in the  vehicle, that the windscreen wipers are
    working effectively, that the  vehicle has been washed and
    vacuumed no less frequently than fortnightly  etc.)

     Then there was the annual production of one's driving licence, >>>>insurance  certificate and MOT to ensure everything was in order.
     IME, (which I appreciate may be different from yours), this is
    the way  it is in large, well-run organisations.

    Yes, the same (other than the fortnightly car-wash - never a great >>>pastime with me).

    Back in the day a weekly/fortnightly car wash (at the employee's
    expense) was a common condition of employment. For the hard of >>understanding, non-compliance meant no transport available, which
    meant you were fired.

    No transport available for a job where you were not required to travel
    (hence getting no travel expenses)?

    Not just swerved, but backwards. Jobs like that required you to provide (suitably insured, valeted etc) transport [or you got fired]. How often
    you were then required ***TO USE*** that transport, and hence get a
    mileage rate, is a completely different exercise.

    Another job I once had required employees to be suitably dressed (at >>their own expense) and presentable to customers. They generously gave
    every employee an allowance to have one business suit dry-cleaned per
    year.

    I had to provide evidence of fully comp insurance
    And nowadays business use as well.

    Yes. That too.

    in order to be able to get the full mileage rate.

    Did they really have a scheme to pay you less than the "full" rate
    if you chose to drive uninsured?

    Uninsured, you wouldn't have got anything at all because you wouldn't
    have been sent in your own car.

    You wouldn't have been sent because you'd have been FIRED FOR BREACHING
    YOUR EMPLOYMENT CONTRACT.

    Yes - there is a lower rate. From memory, about 25p instead of 45p.

    25p was the HMRC rate for higher-mileage users (more than perhaps 10k
    paid-for miles a year).

    [snip remainder of post]
     Regards
     S.P.
     [1] https://www.hse.gov.uk/roadsafety/employer/the-law.htm#article
    [2] >>>>https://www.rospa.com/rospaweb/docs/advice-services/road-safety/employe >>>> rs/work-own-vehicles.pdf

    --
    Roland Perry

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  • From Anthony R. Gold@21:1/5 to Roland Perry on Mon Jan 15 12:20:36 2024
    On Mon, 15 Jan 2024 06:13:49 +0000, Roland Perry <roland@perry.uk> wrote:

    In message <l0iq4pFaunaU1@mid.individual.net>, at 19:14:34 on Sun, 14
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 14/01/2024 06:52 pm, Roland Perry wrote:

    "Unfair" is a term of art, and is far too readily bandied about.

    Ordinary English dictionary meaning will do for me.

    But, Norman, the word is not in any Act relating to employment
    contracts.

    You never called me Norman. Is that a term of endearment or abuse?

    --- SoupGate-Win32 v1.05
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  • From Roland Perry@21:1/5 to All on Tue Jan 16 07:11:03 2024
    In message <96qaqilhhtud0065vosa9sb15oqmc8eo33@4ax.com>, at 12:20:36 on
    Mon, 15 Jan 2024, Anthony R. Gold <not-for-mail@ahjg.co.uk> remarked:
    On Mon, 15 Jan 2024 06:13:49 +0000, Roland Perry <roland@perry.uk> wrote:

    In message <l0iq4pFaunaU1@mid.individual.net>, at 19:14:34 on Sun, 14
    Jan 2024, JNugent <jnugent@mail.com> remarked:
    On 14/01/2024 06:52 pm, Roland Perry wrote:

    "Unfair" is a term of art, and is far too readily bandied about.

    Ordinary English dictionary meaning will do for me.

    But, Norman, the word is not in any Act relating to employment
    contracts.

    You never called me Norman. Is that a term of endearment or abuse?

    It's an in-joke.
    --
    Roland Perry

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  • From JNugent@21:1/5 to Simon Parker on Thu Jan 18 16:34:42 2024
    On 15/01/2024 02:05 pm, Simon Parker wrote:

    On 13/01/2024 16:12, JNugent wrote:
    On 13/01/2024 05:59 am, Roland Perry wrote:
    Mark Goodge <usenet@listmail.good-stuff.co.uk> remarked:

    No; it's still assumed that an entirely new vehicle will be roadworthy.

    Flanders and Swann: "They've started testing cars now. It started at
    10 years, then 5, now three. There's even some talk of having them
    tested before they leave the factory."

    There has been talk of making the test two-yearly. I wish they'd hurry
    up with it. I have a car bought exactly ten years ago with four miles
    on the clock and still less than 22,000. A goof half of the nine MOT
    tests so far (another due by 31st) have effectively been a waste of
    effort and money.

    The RAC conducted a survey of the RAC Opinion Panel in August 2022, 55%
    of whom felt it was a bad idea to switch the MOT test from annually to
    every two years so I don't believe there is sufficient groundswell to
    get beyond the "there has been talk of..." phase at present.

    I wonder how much "groundswell" there was in 1960 for three year testing
    and annual testing thereafter?

    It was sold as testing for cars that were ten years old or more
    (typically with more mileage on the clock than a European volume car
    could be expected to do without dissolving into a pile of rusty iron
    filings).

    As for your low mileage car, unless you are moving it weekly, there is a
    risk of flat spots developing on the tyres and rust on the disks which
    will affect handling and braking.  (And even if you are moving yours
    weekly, others in similar circumstances may not appreciate the need to
    do so which is why it is safest to test all cars annually.)

    It gets used. Obviously, not much.

    Statistically, a third of all cars, vans and small passenger vehicles
    fail their initial MOT test.  (That's 7.3m vehicles for anyone keeping count.)

    The current MOT test is far more stringent than a 1960 ten-year-test was.

    And it is more stringent than the "inspection" that some comparable
    countries and states insist on.

    Does it actually improve road safety more today than it did in 1960?

    8%, (2.4m vehicles), receive a fail where one or more dangerous defects
    are found.

    "Dangerous" is probably a bit OTT, unless it refers to steering, tyres
    and brakes as well as a few constructional issues such the doors and
    seats being secure.

    88% of all failures where at least one dangerous defect is detected
    involve defects detected with the brakes or tyres.

    That's what I'd expect.

    That's over 2.1 million cars that have a fault with the tyres or brakes
    that is so serious that the vehicle cannot be driven on the road until
    it is repaired.

    Finally, whilst the biggest causes of MOT failures has remained
    consistent over many years, the proportion of tyre failures has
    increased from 10% in 2018-2019 to 12% in 2021-2022.

    In 1960, I don't think tyres were subject to the rules that apply today.
    Those came in during the late 1960s, IIRC.

    A commonly-voiced complaint at the time was that these newer rules were
    aimed at making it more difficult for the working man (and working
    class) to have a car at all. I think that there is something in that.
    But when it failed as a policy (because of increasing real incomes), we eventually ended up with other low and average income barriers such as
    the "Congestion" charge and Khan's ULEZ tax.

    --- SoupGate-Win32 v1.05
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  • From Jon Ribbens@21:1/5 to Simon Parker on Fri Jan 19 12:57:58 2024
    On 2024-01-19, Simon Parker <simonparkerulm@gmail.com> wrote:
    On 18/01/2024 16:34, JNugent wrote:
    A commonly-voiced complaint at the time was that these newer rules were
    aimed at making it more difficult for the working man (and working
    class) to have a car at all. I think that there is something in that.
    But when it failed as a policy (because of increasing real incomes), we
    eventually ended up with other low and average income barriers such as
    the "Congestion" charge and Khan's ULEZ tax.

    We've just avoided the imposition of a Clean Air Zone (but we still have
    the ANPR cameras and signage that was installed) so I have the utmost sympathy for those that weren't so fortunate.

    Indeed I am jealous that you still get to breathe polluted air,
    unlike those of us who live in Boris Johnson's ULEZ "tax" area.

    --- SoupGate-Win32 v1.05
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  • From Spike@21:1/5 to Jon Ribbens on Fri Jan 19 13:14:42 2024
    Jon Ribbens <jon+usenet@unequivocal.eu> wrote:
    On 2024-01-19, Simon Parker <simonparkerulm@gmail.com> wrote:
    On 18/01/2024 16:34, JNugent wrote:
    A commonly-voiced complaint at the time was that these newer rules were
    aimed at making it more difficult for the working man (and working
    class) to have a car at all. I think that there is something in that.
    But when it failed as a policy (because of increasing real incomes), we
    eventually ended up with other low and average income barriers such as
    the "Congestion" charge and Khan's ULEZ tax.

    We've just avoided the imposition of a Clean Air Zone (but we still have
    the ANPR cameras and signage that was installed) so I have the utmost
    sympathy for those that weren't so fortunate.

    Indeed I am jealous that you still get to breathe polluted air,
    unlike those of us who live in Boris Johnson's ULEZ "tax" area.

    With Christmas and New Year just behind us, combined with your concern
    about air pollution, one wonders if you ate sandwiches and wore a gas mask
    for the festive season:

    <https://www.theguardian.com/environment/2019/feb/17/cooking-sunday-roast-causes-indoor-pollution-worse-than-delhi>

    One day [the researchers] cooked a Thanksgiving dinner with roast turkey,
    roast Brussels sprouts, boiled sweet potatoes, bread stuffing and cranberry sauce.

    During the day of cooking, PM2.5 levels in the house rose to 200 micrograms
    per cubic metre for one hour, more than the 143 micrograms per cubic metre averaged in Delhi, the sixth most polluted city in the world, and far
    higher than the central London average of 15 micrograms per cubic metre.

    --
    Spike

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