Taxi Driver Online

How many of us guessed wrong?

http://www.bailii.org/ew/cases/EWHC/Adm ... /2836.html

Alex

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ʎɐqǝ uo pɹɐoqʎǝʞ ɐ ʎnq ı ǝɯıʇ ʇsɐן ǝɥʇ sı sıɥʇ

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The local trade are not happy, and can we blame them?

Cabbies pledge to fight court ruling

NORTH-EAST cabbies last night vowed to fight on after a judge ruled against them in a test case that could affect every taxi driver in the country.

Darlington Borough Council was told by magistrates earlier this year it did not have the right to order cabbies to sit advanced driving tests to obtain a licence.

The authority appealed to the High Court, and yesterday Justice Alan Wilkie overturned the decision.

Defiant cabbies, backed by the Amicus union, told The Northern Echo they would consider taking the case to the Court of Appeal.

Taxi driver Peter Mudd said: "This affects every taxi driver in the country. It is going to make Darlington a battle ground."

Tom Harris, a cabbie for 15 years, said: "We will keep supporting the fight. We have to."

Gerry Hunter, regional officer for Amicus, said: "We haven't lost yet and Darlington hasn't won. Our lawyers will be reviewing this decision with our barristers and, if necessary, take it to the Court of Appeal."

Justice Wilkie referred the case back to magistrates and told the authority it was entitled to impose the Driving Standards Agency (DSA) test.

His judgement could encourage authorities across the land to bring in the test.

Councillor Nick Wallis, cabinet member for highways and transport, said: "The High Court decision fully vindicates the action taken by this council and wholeheartedly supports the council's desire to improve safety for fare-paying taxi passengers.

"I am delighted that the law supports councils like Darlington that want to improve taxi standards."

The council introduced the DSA test in 2002. It has a 50 per cent failure rate on drivers applying for new licences or renewing old ones.


Alex

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ʎɐqǝ uo pɹɐoqʎǝʞ ɐ ʎnq ı ǝɯıʇ ʇsɐן ǝɥʇ sı sıɥʇ

Simply the best taxi forum in the whole wide world. www.taxi-driver.co.uk

one word seems apt....wow!

regards

captain cab

It looks like a license to print money for the DSA.

The main point of this is surely we would all willingly pass any driving test if there is an incentive, the LA's could even have them as a form of discipline, drivers with poor driving records should take tests.

There are of course wider implications for the licensed trade in general as we are always dealing with people who have no got a single clue about the job, i.e. councillors and Licensing Officers.

Darlington is a case in point.

However, having stated all of this, we dont seem to have actually seen anything from Darlingtons taxi trade about this, other than a certain degree of militancy. So perhaps they are getting what they deserve.

regards

Captain Cab

Now that would make sense.

Have a pop at those that fall foul of the law, not those that don't.

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IDFIMH

Here's the background to the advocate, one Sam Grodzinski. Maybe they should have consulted Kearns?

http://www.matrixlaw.co.uk/who/grodzinski.html

Best wishes

JD

That's Cherie Blair's chambers, innit?

Sorry, I should have said Cherie Booth

Personally I think the judge has made a big mistake, and I hope the lads a) appeal the decision, and b) the union pay for it.
Saying that asking drivers to complete the DSA test, isn't a condition on their license, is wrong.

I agree with any council that wants to improve driver's standards, and for new entrants the tests can only be a good thing. But for the lads that have driven penalty free for many years, it is an insult plain and simple.

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IDFIMH

I must say, I was surprised when the Judge said it didn't amount to a condition of license.

It may not be a condition of license to a new entrant but it may amount to a condition of licence for an existing license holder.

There was one particular case, in which I'm quite sure the court of appeal said words to this effect, "an existing license that is up for renewel does not constitute a new license, the renewel aplication is one that extends an existing license".

I hope it goes all the way to appeal, otherwise we will all be left wondering what might have been?

Best wishes

JD

you only have to look at the number of court cases involving the licensed vehicle trade to realise that us humble licensed vehicle people (both hack and ph) buy one hell of a lot of xmas presents for our friends in the legal profession.

regards

Captain cab

My council keep thinking about the DSA tests but the operators scare them off saying that it will stop drivers joinimng up.
The way i look at it is that if your are not up to the job then dont join up.
And if it takes drivers a couple of gos to get their license, then so be it.
All otrher trade have on going training, so why shouldnt professional drivers have a professional drivers certifiacte.

There is no provision in law to attatch conditions to a Hackney Carriage Licence as they are governed by bylaws.

Time to get real chaps, I know its hard for some of you but the differance between HC and PH isn't just that a HC can pick up off the street.

Maybe if the Darlington lads joined a union that new something about the laws governing the trade they would have sorted this whole thing out at Magistrate Court.

If you read the judgement the judge agrees with that point, but he contends that asking for a certificate to show that a driver has passed his DSA test is not a condition of license.

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IDFIMH

The darlington "lads" are extremely militant, have you seen their msn webpage?

at one point they were slagging the council and LO off on it, wouldnt be so bad, but the sites in the public domain, so anyone can read it. Forgive me for being a little slow on this, but you would think that the best way to work with the LA would be to be constructive not destructive.

The darligton "lads" are members of amacus, who have taken the case on, although i do wonder why, the whole thing leads back to them not wanting dialogue in the first place.

regards

captain cab

If by a union that knows something about the law you mean the T&G, then you really have lost the plot.

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IDFIMH