Taxi Driver Online

I would if my livelihood was at risk.

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IDFIMH

Did Cheltenham Council issue his revocation notice in accordance with Section 61 LGMP Act Amendment 2A giving him 21 days notice before the revocation takes effect?

If not he'd win his appeal on that alone.

Otherwise his appeal would rest on the question of whether a permanent ban was fair, reasonable and proportionate.

I'd say not given that each of his motoring offences were non-recordable of the type that would get you no more than a FPN offering a sixty quid fine and three points. OK, he's notched up a few such offences but if he's still got his DVLA licence what gives the LA the right to revoke his HC/PH licence? After how long would they consider such offences spent?

Do they have any written guidelines in their Conditions of Licence regarding motoring convictions and points?

Our LA only revokes when you've effectively lost your DVLA licence through totting up. Once the points are spent you get your taxi licence back but with a warning as to future conduct. What they really hate though is when drivers fail to notify them of driving convictions within seven days.

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Steve.

Aren't FPNs recorded on your license then? Maybe this chap has already had a warning as to his future conduct. No convictions are considdered "spent" when it comes to taxi licensing.

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Grandad,

No criminal convictions are spent when it comes to taxi licensing.
Road traffic offences carrying FPNs are not criminal offences. Such offences have to become "spent" else long-serving drivers who have had points over, say a 25+ year period would be at a considerable disadvantage even with currently clean DVLA driving licences.

It's an issue of proprtionality where courts are concerned.



THey are spent after three years and can be removed after four, iirc.

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Steve.

http://www.gloucester-taxi.co.uk/glouce ... i-licence/

Possibly he does not have enough to get it back yet

The above article strengthens the driver's case in the opening post even more....

I just imagine the scene now in the magistrates court...

Driver's solicitor:

"How can you justifty revoking the licence of a driver with a number of non-recordable motoring offences who still holds a valid DVLA licence and yet you choose to license a new applicant with a string of criminal convictions?"

Licensing Officer:

"Er, [cough, splutter, splutter], er..."

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Steve.

When you fill out your application form for a drivers badge around here you have to include all your previous driving convictions that you have ever had.

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Grandad,

Your local taxi association needs to challenge that. Meanwhile, how can an experienced driver be expected to remember all of his driving convictions from, say 20 years ago?

My advice: if it is not on your licence and is spent don't mention it on the form. They'll never know!

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Steve.

really? Do you guarantee that because I am sure there are some cases on here where people have been refused a badge because they have failed to list everything.

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Grandad,

If they ask for information then give it to them.

Do we want drivers who have a history of points, possibly bans, who just happen to only have 3 points in the last three years?

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IDFIMH

No allowance for the fact that someone has clearly improved in the way they drive then, especially that this is reflected by the fact that they've held a clean licence for a number of years.

For the record, I've held a clean licence since I passed my driving test 22 years ago.



Why? They are never going to know so why incriminate yourself for no reason.

As I said it is more than feasible that a 45 year-old driver who has held a clean licence for 20 years could haveen a bit of a tearaway in his late teens/early twenties and notched up a couple of driving bans but no criminal convictions and subsequently grew up.

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Steve.

I'm not saying that, but councils should get all the information they need to take full account of a drivers suitability.

And if they deem it right then they can make as much or as little allowance as they deem fit.

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IDFIMH

Because we are meant to be 'fit and proper' people.

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IDFIMH

I don't doubt that for a second, but you are saying to drivers don't tell the council. A sort of self assessment.

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IDFIMH