Taxi Driver Online

Aberdeen Press and Journal

October 24, 2006 Tuesday

HEADLINE: Cabbie takes case to court of session

BYLINE: Cameron Brooks

A Taxi driver who lost a court bid to overturn a licensing decision is taking his case to the Court of Session in Edinburgh.

James Wilson lost his test case against Aberdeen City Council last month but is determined to force the authority to back down.

Sheriff Annella Cowan ruled that the authority's licensing committee had not discriminated against Mr Wilson in October 2005 when it refused to substitute his wheelchair accessible licence for one to operate a less expensive saloon car.

The licensing committee based its decision on a policy it adopted in August 1994 to ensure all taxis licensed in Aberdeen would in time be wheelchair accessible.

Mr Wilson, who first secured a taxi licence in January 2001, took the authority to Aberdeen Sheriff Court to appeal the decision because he thought it was "unreasonable and irrational" because the rules did not apply to drivers who held taxi licences before August 1994.

He said last night that he was not letting the matter rest because it was "totally unfair" that a two-tier system was in force.

Mr Wilson, who runs Silver Line Taxis and is the figurehead of the so-called Wheelchair Action Group which has 64 members, pointed out that two-thirds of taxis in the city were saloon cars and the remaining drivers drove specially adapted vehicles.

"The system is ridiculous and we are taking the council to court because of the hypocrisy of it - it is a form of apartheid. We have put forward our appeal to the Court of Session and are waiting to hear back with a date."

Mr Wilson said he had owned two specially adapted cars in the five years he has been a taxi driver. "One cost me £33,000 and the other £27,000," he added.

"If I had got my licence before 1994 I could be driving around in a £6,000 Ford Mondeo."

Mr Wilson's case was discussed at a city council licensing committee meeting yesterday. Donald Macleod, the committee's solicitor, told members: "The appeal will take some time and it is going to be a very expensive procedure."

In her written judgment, Sheriff Cowan said the council, which argued that policy was "logical, defensible and necessary", ruled that its position was lawful in the absence of robust Government legislation.

She said that the Scottish Executive and Westminster must now act and set a date by which the pre-1994 exemption should end, however.
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But you did'nt and you knew the terms and conditions when you got issued the plate.

I wish him well.

WTF should one set of drivers have to pay up to £35,000 for a motor, and another set only up to £15,000 ?

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IDFIMH

I don't think that's the point.

The point is how would you like it if half the London cab trade (not your half) could get away with Skodas?

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IDFIMH

It's EXACTLY the point.

He "secured" a plate in 2001. He KNEW he would have to put on a WAV.
WTF has he got to bleat about under those circumstances. If he wants to drive a 6K Mondeo, he could go PH.

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Former taxi driver

So you have no sympathy for drivers that have bought a plate since 1985?

Join the club.

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IDFIMH

As my learned friend Jimbo says . . . . .

I am a taxi-driver in Aberdeen and a member of WAG (wheelchair action group).
When i was granted my license in1998, iwas told to go hackney i needed to put on a wav taxi (which i did) but AND HERES the big but, ALL saloon cars would be replaced by wavs between 2002-06. now this has not happened so why should we not be able to switch to saloon cars as we are being forced to run and buy more expensive vehicles than the saloon car drivers!
You can not have a 2 tier system and i am cofident the outcome in the court of sesseins will prove this!!
We have spent a lot of cash in this and in the end all we want is a level playing field!
So for the numpty who said " we knew the conditions when applying for our license " yes we did! but have the councill folowed through with theirs??

Why would anyone want MY sympathy?

"Join the club?" I refer you to the Groucho Marx defence on club membership. Which in my case covers trade unions too.

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Former taxi driver

I am that numpty. (whatever a numpty is) good luck, I feel you may need it.

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Former taxi driver

Quite.

I will be interested to see what piece of legislation allows a council to set different types of taxi criteria.

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IDFIMH

So no-more moans from you or the LTDA about LTI, cos you knew the rules.

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IDFIMH

Leeds, Brighton...

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Former taxi driver

I agree that those two, and many more, operate a two-tier taxi service, it's just that I think it's in breach of Euro Competition law.

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IDFIMH

"Euro competition Law" which law is that then?

Two tier taxi service? Well lets nip those in the bud!

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Former taxi driver