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PostPosted: Wed Aug 27, 2008 12:01 pm 
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Battle goes to Knowsley over licence for new ‘disability’ taxis



DISABILITY campaigners who are taking Liverpool City Council to the High Court over its taxi licensing policy will take their battle to Knowsley tonight.

Knowsley’s licensing committee will decide whether to approve a Hackney Carriage licence for Allied Vehicles Group to use its E7 taxis in the borough.

When Liverpool’s licensing committee refused a similar application in March it sparked a backlash from disability campaigners.

Liverpool Wheelchair User Group (LWUG) has backed a judicial review test case at the High Court against Liverpool because they claim refusing to use these cabs is an act of discrimination.

They argue that it is only possible to travel sideways in an traditional black cab and this is done without wheelchair restraints or seatbelts creating a substantial risk for disabled users.

They also allege refusing the application would be a breach of the council’s duties under the Disability Discrimination Act to make “reasonable adjustments” to its policies and practices, so as to enable disabled people to lead a full life in the community on equal terms.

Knowsley Wheelchair User Group will make its representations to the council committee in person tonight.

However, a risk assessment by borough solicitor Beryl Heath that will be put before members at the meeting in Huyton, points out this is not clear-cut.

The report said: “To move away from the council’s existing policy could potentially reduce the standard of hackney carriages achieved using the conditions of fitness as the benchmark.”

Billy Ellery, chairman of the Hackney Carriage Badge Holders Association, has also expressed the association’s concern regarding the possible relaxation or removal of conditions of fitness for cabs.

The council report also reveals there are concerns over the E7’s turning circle which led to it being refused in London.

But, the report admits: “It is clear that the E7 is working and working well as a hackney in many areas of the country.”

Refusing the application could lead to expensive legal repercussions.

The report said: “There is no specific right of appeal in this matter although there is a risk that an aggrieved party could challenge a decision by way of judicial review or via the Local Government Ombudsman.”

All other Merseyside authorities apart from Liverpool have granted licences to the E7 cab.

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PostPosted: Wed Aug 27, 2008 12:09 pm 
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Quote:
They argue that it is only possible to travel sideways in an traditional black cab and this is done without wheelchair restraints or seatbelts creating a substantial risk for disabled users.


Errm dont think thats quite right :shock:

CC

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PostPosted: Wed Aug 27, 2008 2:25 pm 
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captain cab wrote:
They argue that it is only possible to travel sideways in an traditional black cab and this is done without wheelchair restraints or seatbelts creating a substantial risk for disabled users.


Some wheelchairs, yes but not all. However failure to make provisions for all is no doubt discrimination to some. Especially when there is no cost involved for the council and it is merely a policy decision and not a decision borne out of equality.

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They also allege refusing the application would be a breach of the council’s duties under the Disability Discrimination Act to make “reasonable adjustments” to its policies and practices, so as to enable disabled people to lead a full life in the community on equal terms.


Well not only a breach of their responsibilities but also a breach of the DDA.

Quote:
Knowsley Wheelchair User Group will make its representations to the council committee in person tonight.


Good I can't wait.

Quote:
However, a risk assessment by borough solicitor Beryl Heath that will be put before members at the meeting in Huyton, points out this is not clear-cut.


Oh yes it is. In so far that the decision of councillors to only license as hackney carriages those vehicles that comply with a 25 foot turning circle breaches the 1995 DDA. I'm afraid policy decisions have to be in line with the legalities projected in legislation and under those circumstances policies cannot override legislation.

Quote:
The report said: “To move away from the council’s existing policy could potentially reduce the standard of hackney carriages achieved using the conditions of fitness as the benchmark.”


Policies are subordinate to legislation and thankfully councils have to abide by legislation the same as every other Tom, Dick and Harry.

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Billy Ellery, chairman of the Hackney Carriage Badge Holders Association, has also expressed the association’s concern regarding the possible relaxation or removal of conditions of fitness for cabs.


What concerns might they be Bill? Come on TDO and tell us.

Quote:
But, the report admits: “It is clear that the E7 is working and working well as a hackney in many areas of the country.”


One nail in the coffin already.

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Refusing the application could lead to expensive legal repercussions.


Another nail in the coffin.

Quote:
All other Merseyside authorities apart from Liverpool have granted licences to the E7 cab.


And yet another nail in the coffin.

My money is on it being licensed and Liverpool will be next.

Regards

JD

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PostPosted: Wed Aug 27, 2008 2:49 pm 
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all well and good JD...but what about the ambient disabled and pensioners who find it difficult to get into both E7's and TX's?

Suley provision should be made to enable the majority of people to use taxis and not the minority.

CC

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PostPosted: Wed Aug 27, 2008 2:57 pm 
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captain cab wrote:
all well and good JD...but what about the ambient disabled and pensioners who find it difficult to get into both E7's and TX's?

Suley provision should be made to enable the majority of people to use taxis and not the minority.

CC


The application is for an E7 and my comments were addressed to that particular application. I'm already on record as saying, "that if and when the Secretary of state makes a decision on what can be licensed under the DDA then saloon type vehicles will have to be a part of that equation by law".

If any saloon manufacturer or distributor wishes to test the law in relation to the DDA then they are quite at liberty to do so.

Regards

JD

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PostPosted: Wed Aug 27, 2008 3:03 pm 
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You seem to have a passionate dislike for a vehicle you dont own :shock:

CC

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PostPosted: Wed Aug 27, 2008 3:05 pm 
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Quote:
The report said: “To move away from the council’s existing policy could potentially reduce the standard of hackney carriages achieved using the conditions of fitness as the benchmark.”


The conditions of fitness that are out of date due to the DDA.
Could someone email the council with the DDA report that says that saloons must be licenced as well so that all disabled can be catered for that would put the cat amongst the pigeons


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PostPosted: Wed Aug 27, 2008 3:07 pm 
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skippy41 wrote:
Quote:
The report said: “To move away from the council’s existing policy could potentially reduce the standard of hackney carriages achieved using the conditions of fitness as the benchmark.”


The conditions of fitness that are out of date due to the DDA.
Could someone email the council with the DDA report that says that saloons must be licenced as well so that all disabled can be catered for that would put the cat amongst the pigeons


Which report is that?

CC

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PostPosted: Wed Aug 27, 2008 3:19 pm 
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captain cab wrote:
You seem to have a passionate dislike for a vehicle you dont own :shock:

CC


I have a passionate dislike for limiting choice based on a turning circle. I think there are many others with the same opinion.

Regards

JD

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PostPosted: Wed Aug 27, 2008 3:22 pm 
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JD wrote:
captain cab wrote:
You seem to have a passionate dislike for a vehicle you dont own :shock:

CC


I have a passionate dislike for limiting choice based on a turning circle. I think there are many others with the same opinion.

Regards

JD


True....my Skoda is pretty cool...wouldnt want to drive one of those expensive wheelchair jobbies now.....dont have to get out of the cab half the time 8)

CC

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PostPosted: Wed Aug 27, 2008 3:27 pm 
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captain cab wrote:
JD wrote:
captain cab wrote:
You seem to have a passionate dislike for a vehicle you dont own :shock:

CC


I have a passionate dislike for limiting choice based on a turning circle. I think there are many others with the same opinion.

Regards

JD


True....my Skoda is pretty cool...wouldnt want to drive one of those expensive wheelchair jobbies now.....dont have to get out of the cab half the time 8)

CC


Council policies vary throughout the country, there are only 19 councils that stipulate the COF so that speaks for itself. After tonight there will hopefully be 18.

Are you sugesting every council in the country adopts the COF?

Regards

JD

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PostPosted: Wed Aug 27, 2008 3:32 pm 
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captain cab wrote:
skippy41 wrote:
Quote:
The report said: “To move away from the council’s existing policy could potentially reduce the standard of hackney carriages achieved using the conditions of fitness as the benchmark.”


The conditions of fitness that are out of date due to the DDA.
Could someone email the council with the DDA report that says that saloons must be licenced as well so that all disabled can be catered for that would put the cat amongst the pigeons


Which report is that?

CC


This one http://www.iru.org/index/cms-filesystem ... ry2007.pdf


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PostPosted: Wed Aug 27, 2008 3:43 pm 
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JD wrote:
captain cab wrote:
JD wrote:
captain cab wrote:
You seem to have a passionate dislike for a vehicle you dont own :shock:

CC


I have a passionate dislike for limiting choice based on a turning circle. I think there are many others with the same opinion.

Regards

JD


True....my Skoda is pretty cool...wouldnt want to drive one of those expensive wheelchair jobbies now.....dont have to get out of the cab half the time 8)

CC


Council policies vary throughout the country, there are only 19 councils that stipulate the COF so that speaks for itself. After tonight there will hopefully be 18.

Are you sugesting every council in the country adopts the COF?

Regards

JD


No I'm suggesting all councils start licensing saloon cars as hackney carriages.

CC

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PostPosted: Wed Aug 27, 2008 3:43 pm 
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captain cab wrote:
The report said: “To move away from the council’s existing policy could potentially reduce the standard of hackney carriages achieved using the conditions of fitness as the benchmark.”

Since when has the turning circle been a standard?

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PostPosted: Wed Aug 27, 2008 3:44 pm 
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skippy41 wrote:
captain cab wrote:
skippy41 wrote:
Quote:
The report said: “To move away from the council’s existing policy could potentially reduce the standard of hackney carriages achieved using the conditions of fitness as the benchmark.”


The conditions of fitness that are out of date due to the DDA.
Could someone email the council with the DDA report that says that saloons must be licenced as well so that all disabled can be catered for that would put the cat amongst the pigeons


Which report is that?

CC


This one http://www.iru.org/index/cms-filesystem ... ry2007.pdf


cheers skip

CC

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