Taxi Driver Online

Drivers win taxi age court fight


A judge has ruled in the favour of taxi drivers in Newport, who challenged a council decision to impose age limits on vehicles.

A new rule had said Hackney cabs must be less than 12 years old, and private hire cars less than eight from 2010.

A judge in Cardiff ruled that the council failed to consult properly and set aside its decision.

Newport hosts golf’s Ryder Cup next year and the council was worried about safety, emissions and appearance.

But Newport Hackney Drivers Association had said the move would have put many of its members out of business.

The association claimed 59 of the current 135 Hackney drivers in the city would be put out of business by the rule change.

It says Newport would be the first council in Wales to place an age limit on purpose-built hackney cabs.

Back in March a demonstration was staged in the city centre over the planned changes.

Before the hearing, association chairman Lionel Morris said they had to fight the decision.

He said it costs about £20,000 to buy a three-year-old cab and, with the recession, many members could not afford that.

Mr Morris said he could not afford to buy a new cab himself.

“But to be honest with you, you don’t put image first in front of 230 hackney drivers’ livelihood.

“If at least 60% of our drivers are going to lose their jobs because of this imposing of age limit, purely because of the Ryder Cup, then that’s not a sensible thing for the council to do.”

The city’s taxis are already subject to a strict regime of testing every six months and can face random inspections as well.

Ageing fleet

The judicial review was heard at the High Court in Cardiff last Friday.

Ruth Stockley for Newport council told the previous hearing that safety was a priority, and it is a reasonable assumption that as a vehicle gets older it will need more maintenance to keep it in a safe condition.

The council is also concerned that its fleet of taxis is ageing and that this could pose problems.

The judge Mr Justice Beatson had decided to reserve his judgement for a week.

The drivers’ association said they were relieved and were happy to talk to the council, but would fight any attempt to introduce the ban.

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

I think the story here isnt accurate.

The taxi trade may have won because of the consultation process.......I think we're going to see another Watford scenario.

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

The council will just do the proper consultation and then bring in the age limit.

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Grandad,

I tend to think you're right old chap.

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Possible, but if they consult properly this time it might get through councillors thick skulls that the new rules aren't necessary. Maybe an extra test a year instead.

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IDFIMH

If they are worried about the safety of their fleet, what does that say for their own inspection procedures?

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http://wingsoverscotland.com/ http://www.newsnetscotland.com/

Perhaps Alan dropped by on the way to Birmingham?

He gets a concessionary rail pass nowadays.

Taxi drivers win judicial review



A HIGH court judge overturned Newport Council’s decision to impose age limits on Hackney Carriages in the city, meaning a consultation on new taxi regulations must start from scratch.

Mr Justice Beatson set aside the decision at the High Court, sitting in Cardiff after ruling the council failed to deal with responses given by the Newport Hackney Carriage Drivers Association during consultation.

The judicial review was called by the association’s chairman Lionel Morris. It centred on the council’s decision in July that from October, hackney carriages in the city can be no older the 12 years old.

It also stated that all applications for taxi licences must be made within five years of the vehicle first being registered with the DVLA. The decision was said to be based on the safety of the travelling public and the environment.

Mr Justice Beatson said there was a failure in the process to deal with the hackney drivers response.

While not using it in his decision, Mr Justice Beatson had “tentative views” on an allegation of a breach of the code of conduct.

Mr Morris’ representative Pushpinder Saini QC said Councillor David Fouweather- who rubber-stamped proposals- failed to declare an interest, as his brother, taxi driver Wayne Fouweather, was involved in consultations as a representative of the trade.

Mr Justice Beatson said the council didn’t set out to mislead the court by not declaring this, but it must pay an indemnity to Mr Morris based on costs incurred, a breach of the duty of care and candour.

The total Newport Council must pay hasn't been calculated, but Mr Morris estimated costs were "well into five figures".

The council must now go back to the drawing board to decide on new taxi regulations.

After the case, Lionel Morris blasted the council for refusing to enter into discussions with the Hackney Carriage Drivers Association. He said: “We wanted to sit around the table and sort it out. But the council refused and it had to come to court, where it has now cost the taxpayer a lot of money.”

Taxi driver Tariq Tufail of Maindee said: “It’s a relief, the decision would have put my vehicle off the road and me out of a job.”

Haseeb Malik of Somerton said: “We want to work with the council to sort it out. Hopefully now they’ll listen to us.”

Imran Badat of Corporation Road said the decision “secures our livelihoods”.

A Newport City Council spokeswoman said it was disappointed with the decision and the issue will be reconsidered as quickly as possible, with proposals amended to take into consideration the judge's comments.

But, the spokeswoman stressed that regular maintenance checks aren't enough to ensure older taxis are safe and roadworthy on a daily basis.

She said: "Such an age limit policy is already common in authorities across England and and Wales including Cardiff and Swansea."

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Might be enough to buy a new cab

Was there another age case that the judge said age has no bearing

There was a case in Swansea skip and its on here.

The council case was lost through consultation, I've highlighted in bold what i suspect the council will do.

CC

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

They should be able to show, as part of the decision making process, a) how many vehicles, beyond the proposed age limit, have failed to come up to standard and b) how many spot checks have uncovered sub-standard vehicles. If they can't are they leaving themselves open to further court action?

I'm quite certain the LA will reconsult properly next time and get their own way

It bears similarities to the Sadar bias case in Watford.

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Do you not just love it when the Newport LA use other Borough's as an illustration to suit, but when it comes to tariff time.............it is a different kettle of fish.

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if you cannot be yourself, then who can you be.

[quote="captain cab"]Drivers win taxi age court fight




He said it costs about £20,000 to buy a three-year-old cab and, with the recession, many members could not afford that.[quote]


What kind of cab costs £20,000 at 3 years old???

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Never argue with an "IDIOT" They will drag you down to their level then beat you with experience