Taxi Driver Online

Court upholds council ban on Stansted taxi driver

Published: 07/09/2011 08:30

A Stansted taxi driver whose private hire driver’s licence was revoked by Uttlesford District Council has lost his appeal against the decision.

In April, the authority’s licensing committee decided Peter Burgon no longer met its standards after he committed four motoring offences in the space of three years: two counts of using a mobile phone while driving and two of speeding.

Although, after the fourth offence, magistrates decided not to ban him from driving, despite having accumulated 12 points on his licence, UDC's licensing committee decided he was no longer a “fit and proper" person to hold a private hire driver’s licence.

Mr Burgon's appeal against the decision was heard at Harlow Magistrates' Court last week. He had to satisfy the bench that there were grounds to depart from the council’s policy on licensing and that the committee's decision was wrong. He was unsuccessful on both counts and the appeal was dismissed. Mr Burgon was ordered to pay the council’s costs of £1,750.

He has 21 days from the date of the hearing to appeal against this decision and, during this time, may continue to work.

Mr Burgon can apply to have his private hire driver’s licence back once he meets the council’s licensing standards. Should he do so, the committee will consider the application in the light of his history. He also holds a private hire operator’s licence, which is unaffected by this case.

Cllr Eric Hicks, chairman of the licensing committee, said: “The licensing standards adopted by the council are primarily to ensure the safety of the public. I am pleased the court has upheld the decision of the committee.

“Uttlesford District Council expects the highest of standards from the taxi industry and it is unfortunate in this instance that a driver fell short of our requirements.”

Source; http://www.hertsandessexobserver.co.uk/ ... 092011.htm

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

OK so has anybody EVER seen a Stansted airport car stick to the speed limit !!!!!!!!!! I think its a condition of employment

_________________
lack of modern legislation is the iceberg sinking the titanic of the transport sector

Taxi drivers have taxi licenses, not PH licenses.

Tens of thousands have dual licenses.

_________________
IDFIMH

This one did'nt.

Illegal!!

The two licences are controlled by different legislation, enacted 129 years apart and require two seperate licences.

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

So why do so many councils issue duel licenses? Surely if it were illegal someone would have challenged it by now?

_________________
Grandad,

I suppose if they have all the conditions/by-laws/etc on the bits of paper, and have the fact that the badge is a hackney carriage and private hire license, then one has to wonder what law is being breached, and who enforces it.

_________________
IDFIMH

As it saves drivers money then I doubt anyone would challenge it.

The only time it might be challenged is where a driver driving a hackney carriage is charged with breaking a private hire condition, as was recently the case in Nidge-land.

_________________
IDFIMH

Councils issue dual licences in LAs where they can get away with it.

Why do they do it?

Because they then have the facility of suspending drivers by either condition of licence for PH drivers or byelaws fo HC drivers, giving them 'double powers' to suspend.

I know there are many councils that do issue dual driver licences, but if it was challenged correctly in Court they would fall.

They tried to discuss it in Brum about two years ago; it was brought up at a HC liaison meeting by a trade rep that didn't know better. The discussion lasted less than two minutes.

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

And that's precisely my point!!

They have you by the short and curlies, because the trade allowed it to happen.

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

I did question the duel badge a few years ago when our council introduced the "knowlege" test for hackney carriage drivers. Because we are duel badged it also meant that Private Hire drivers also needed to pass the test. I pointed out that, particulaly in the case of my drivers at the time, They very rarely actually did any work in the Borough (stretched limos) and that as private hire work had to be pre booked drivers had time to look things up before they went to the job.
The answer that I was given was along the cost line.

_________________
Grandad,

Where in any legislation does it allow for a dual HC/PH drivers licence?

Next we'll have dual HC/PH vehicle licences; if the trade stood for it!!!

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

That's no reason to 'adjust' the legislation to suit the council.

Councils are not Parliament; they don't pass the legislation, Parliament does!!

_________________
Kind regards,

Brummie Cabbie.

Type a message, post your news,
Disagree with other members' views;
But please, do have some decorum,
When debating on the TDO Forum.

As the legislation doesn't seem to forbid the duel license I would guess that the councils see it as OK. What would any prosecution come under?

_________________
Grandad,