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Telford PH application rejected for two 35mph speed offences
http://taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=33411
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Author:  StuartW [ Thu Oct 18, 2018 7:39 pm ]
Post subject:  Telford PH application rejected for two 35mph speed offences

Some odd features to this case, apart from the minor nature of the speeding offences.

- The headline and sub-heading (below) made me think it was a revocation or suspension case, but it's actually a new application.

- looks like the decision taken solely by licensing officers, and no licensing committee involvement. So presumably decided under delegated powers. Of course, maybe councillors were involved, but the report just doesn't mention that angle. Either way, certainly an unusual report.


Speeding offences put brakes on Newport taxi driver's career

https://www.shropshirestar.com/news/cri ... s-licence/

Two “minor” speeding offences have cost a Newport man his taxi licence.

Gary Mason’s application for a private hire driving licence was turned down in August, with his two convictions for driving 35mph in 30mph areas cited by council officers the reason.

The 56-year-old appealed that decision, but this week Telford Magistrates Court upheld it.

Suzanne Fisher, the principal licensing officer for Telford and Wrekin Council, told the hearing: “Mr Mason’s application was passed to me by a member of my team for me to make a determination in light of his convictions.”

Mr Mason, of Gravelly Drive, Newport, has five offences on his record. Three date from the 1980s, and are for ABH, a public order offence, and leaving a restaurant without paying.

More recently, he picked up two convictions for speeding, in 2016 and 2017, while working as a driver for domiciliary care companies, ferrying carers between clients’ homes.

Mrs Fisher said she disregarded the older offences, accepting Mr Mason’s view that they were the actions of an “angry young man”, but focussed on the more recent driving charges when deciding if Mr Mason was a “fit and proper person” to hold a taxi licence.

“It was those two speeding offences, and Mr Mason’s representations when I asked about them, that I made my decision on,” Mrs Fisher said.

“I was not satisfied he really understood how public safety is put at risk by speeding.”

She added that, in her decision letter, more time needed to elapse so Mr Mason could show the two convictions genuinely were isolated.

The court heard that, under council rules, a serious motoring offence can bar someone from getting a taxi licence by itself, but more minor offences – like narrowly speeding – had to be part of a “pattern of behaviour” to disqualify someone.

Mr Mason’s solicitor, Shakeel Ahmed, asked the magistrates to see the convictions in a wider context. His client worked as a courier for 14 years, driving 70,000 miles a year, and had a driving licence for 36 years, but the six penalty points arising from his speeding convictions were the only ones he had ever had.

Mr Mason said that, at the time of his first speeding offence, he was under pressure from his employers to ferry carers from place to place on time.

“It was a constant flow of driving,” he said. “The company expected me to drive like a maniac.”

He attributed the second speeding offence, which took place near Much Wenlock after he had dropped off some carers at their homes, to a momentary “slight lack of concentration”, and added that, as a taxi driver, he would be less likely to speed because he could choose his own jobs and travel at his own speed.

After about 20 minutes of deliberation, presiding magistrate David Styles told rejected Mr Mason’s appeal and upheld Mrs Fisher’s original decision.

Report by Alex Moore, Local Democracy Reporter

Author:  StuartW [ Thu Oct 18, 2018 7:42 pm ]
Post subject:  Re: Telford PH application rejected for two 35mph speed offe

Quote:
Mr Mason, of Gravelly Drive, Newport, has five offences on his record. Three date from the 1980s, and are for ABH, a public order offence, and leaving a restaurant without paying.

More recently, he picked up two convictions for speeding, in 2016 and 2017, while working as a driver for domiciliary care companies, ferrying carers between clients’ homes.

Mrs Fisher said she disregarded the older offences, accepting Mr Mason’s view that they were the actions of an “angry young man”, but focussed on the more recent driving charges when deciding if Mr Mason was a “fit and proper person” to hold a taxi licence.


If it was up to me I'd be more worried about the offences committed when he was an 'angry young man' rather than a couple of more recent minor speeding offences, particularly in view of his overall driving history.

But I probably wouldn't bar him because of the older offences either.

Quote:
He attributed the second speeding offence, which took place near Much Wenlock after he had dropped off some carers at their homes, to a momentary “slight lack of concentration”, and added that, as a taxi driver, he would be less likely to speed because he could choose his own jobs and travel at his own speed.


Don't think that's quite how it works in reality :lol: :roll: ](*,)

Author:  edders23 [ Thu Oct 18, 2018 7:45 pm ]
Post subject:  Re: Telford PH application rejected for two 35mph speed offe

Quote:
Mr Mason, of Gravelly Drive, Newport, has five offences on his record. Three date from the 1980s, and are for ABH, a public order offence, and leaving a restaurant without paying.


maybe this had a bearing

Author:  StuartW [ Thu Oct 18, 2018 7:54 pm ]
Post subject:  Re: Telford PH application rejected for two 35mph speed offe

edders23 wrote:
Quote:
Mr Mason, of Gravelly Drive, Newport, has five offences on his record. Three date from the 1980s, and are for ABH, a public order offence, and leaving a restaurant without paying.


maybe this had a bearing


Er…

Quote:
Mrs Fisher said she disregarded the older offences, accepting Mr Mason’s view that they were the actions of an “angry young man”, but focussed on the more recent driving charges when deciding if Mr Mason was a “fit and proper person” to hold a taxi licence.

“It was those two speeding offences, and Mr Mason’s representations when I asked about them, that I made my decision on,” Mrs Fisher said.

Author:  edders23 [ Thu Oct 18, 2018 8:01 pm ]
Post subject:  Re: Telford PH application rejected for two 35mph speed offe

StuartW wrote:
edders23 wrote:
Quote:
Mr Mason, of Gravelly Drive, Newport, has five offences on his record. Three date from the 1980s, and are for ABH, a public order offence, and leaving a restaurant without paying.


maybe this had a bearing


Er…

Quote:
Mrs Fisher said she disregarded the older offences, accepting Mr Mason’s view that they were the actions of an “angry young man”, but focussed on the more recent driving charges when deciding if Mr Mason was a “fit and proper person” to hold a taxi licence.

“It was those two speeding offences, and Mr Mason’s representations when I asked about them, that I made my decision on,” Mrs Fisher said.



have you ever met a council official that said what they really meant ?

Author:  StuartW [ Thu Oct 18, 2018 8:49 pm ]
Post subject:  Re: Telford PH application rejected for two 35mph speed offe

edders23 wrote:
have you ever met a council official that said what they really meant ?


Dunno, never met one that far up the food chain :lol: 8-[

Author:  Sussex [ Fri Oct 19, 2018 7:11 pm ]
Post subject:  Re: Telford PH application rejected for two 35mph speed offe

Quote:
“I was not satisfied he really understood how public safety is put at risk by speeding.”

That says to me that she interviewed the applicant and he was a bit blaze in his response.

Many if he said he was a bit silly and regrets it etc etc then the outcome might have been different.

That said two speeding convictions in the last two years doesn't, IMO, make the fella unfit for a license.

Author:  Chris the Fish [ Fri Oct 19, 2018 10:02 pm ]
Post subject:  Re: Telford PH application rejected for two 35mph speed offe

It concerns me that one un-elected Council Officer can have such power.

Decisions like this should be made by a committee of elected Councillors.

I think an Appeal at the Magistrates Court would see the decision reversed.

Author:  x-ray [ Fri Oct 19, 2018 10:14 pm ]
Post subject:  Re: Telford PH application rejected for two 35mph speed offe

Chris the Fish wrote:
It concerns me that one un-elected Council Officer can have such power.

Decisions like this should be made by a committee of elected Councillors.

I think an Appeal at the Magistrates Court would see the decision reversed.



This was an appeal at the magistrates. #-o

Author:  Chris the Fish [ Sat Oct 20, 2018 12:19 am ]
Post subject:  Re: Telford PH application rejected for two 35mph speed offe

Ooops.

Ignore my last line.

I stand by my assertion that the original decision should have been made by a committee. To delegate a power like this is an abrogation of the elected members duties.

The trade locally should be up in arms about this set up. Annoy the Officer and you could be losing your licence.

Author:  x-ray [ Sat Oct 20, 2018 12:13 pm ]
Post subject:  Re: Telford PH application rejected for two 35mph speed offe

Chris the Fish wrote:
Ooops.

Ignore my last line.

I stand by my assertion that the original decision should have been made by a committee. To delegate a power like this is an abrogation of the elected members duties.

The trade locally should be up in arms about this set up. Annoy the Officer and you could be losing your licence.



I wonder whether he appealed to the licensing committee first and then took it to the magistrates ? Looking at the time line ( August refusal ) I doubt it, it takes our council an age to even set a hearing ( unless it’s a revocation)

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