Taxi Driver Online :: View topic - Driving when badge has expired?

one of my mates drivers was driving for 2 months after his badge had expired. He submitted his renewel but never got a new licence so he carried on working. He was issued with a new licence after 2 months. Now the council are having a go at my mate(the operator) for allowing him to work. DOES anyone know what will happen to 1) the driver and 2) the operator?

one of my mates drivers was driving for 2 months after his badge had expired. He submitted his renewel but never got a new licence so he carried on working.

Up here, if your renewal is submitted before your current licence expires - even on the same day - you can continue working until the new one is approved. One day late and your looking at a new badge and resit of the knowledge test.

gusmac wrote:

It was the same in Fife, and drivers regularly went weeks without a current badge because they applied at the last minute and the council tooks weeks to issue the new ones.

At that time the plates lasted the life of the car, but then they introduced dated plates.

So that the plates were never out of date they made us apply for them about a month in advance, and they also started doing the same with the badges.

I reckon they're probably acting illegally by telling us to apply in advance, but it's not worth kicking up a stink about it.

Fae Fife wrote:

gusmac wrote:

Why is it illegal to apply in advance? I reckon it's down to you drivers to ensure that your badge and plate don't expire, and that you're fully legal at all times.

I wouldn't expect to apply to teh council and get my badge immediately, especially if I had a CRB or medical to get as well :twisted:

What I meant was that the legislation says that if you apply before the old licence expires then the old licence is valid until the council deals with the new application.

Therefore I suspect the council is acting illegally by instructing us to apply a month in advance, because the legislation says that as long as we apply before the licence expires then we're covered.

My comments were made in the context of gusmac's remarks, so I'm sorry if reading my own comments on their own caused any confusion - gusmac's council is obviously acting in accordance with the legislation.

I suspect many LAs are the same as regards late applications, but what's the standard practice as regards making applicants for renewals apply before the old licence expires?

Author:	moto [ Sat Jul 14, 2007 12:38 am ]
Post subject:	Driving when badge has expired?
one of my mates drivers was driving for 2 months after his badge had expired. He submitted his renewel but never got a new licence so he carried on working. He was issued with a new licence after 2 months. Now the council are having a go at my mate(the operator) for allowing him to work. DOES anyone know what will happen to 1) the driver and 2) the operator?

Author:	JD [ Sat Jul 14, 2007 6:54 am ]
Post subject:	Re: Driving when badge has expired?
moto wrote: one of my mates drivers was driving for 2 months after his badge had expired. He submitted his renewel but never got a new licence so he carried on working. He was issued with a new licence after 2 months. Now the council are having a go at my mate(the operator) for allowing him to work. DOES anyone know what will happen to 1) the driver and 2) the operator? It depends on the LO? I suspect the least that will happen is that they will go before the licensing committee and explain away their apparent disregard for the rules. The worse that will happen is that both will have their licenses suspended or revoked. If they are really lucky they might come away with just a warning. Regards JD

Author:	Sussex [ Sat Jul 14, 2007 7:03 am ]
Post subject:	Re: Driving when badge has expired?
moto wrote: one of my mates drivers was driving for 2 months after his badge had expired. He submitted his renewel but never got a new licence so he carried on working. At the end of the day your mate was giving an un-licensed driver work, so he has breached the law upmteen times. His operating system should be set up so that if a driver doesn't show you his new license then that driver doesn't work.

Author:	cabby john [ Sat Jul 14, 2007 12:38 pm ]
Post subject:	Re: Driving when badge has expired?
moto wrote: one of my mates drivers was driving for 2 months after his badge had expired. He submitted his renewel but never got a new licence so he carried on working. He was issued with a new licence after 2 months. Now the council are having a go at my mate(the operator) for allowing him to work. DOES anyone know what will happen to 1) the driver and 2) the operator? If he submitted his application on time and they never processed the license - then I would look for compensation or dispensation. Newport Gwent are so busy,Not! that their drivers were waiting some seven months down the line for their's. When the drivers kicked up about it, they were told any problems and they would sort it out. So it would seem that in certain instances that you can operate without one, and I would argue that it cannot be just one way. However if he did it outside the time limit, I would suggest that he is in trouble. He could plead hardship and oversight, and I would suggest if it is in order! that he could present his record as a driver showing that he had never been in trouble or a danger to others.

Author:	gusmac [ Sat Jul 14, 2007 1:24 pm ]
Post subject:	Re: Driving when badge has expired?
moto wrote: one of my mates drivers was driving for 2 months after his badge had expired. He submitted his renewel but never got a new licence so he carried on working. He was issued with a new licence after 2 months. Now the council are having a go at my mate(the operator) for allowing him to work. DOES anyone know what will happen to 1) the driver and 2) the operator? Up here, if your renewal is submitted before your current licence expires - even on the same day - you can continue working until the new one is approved. One day late and your looking at a new badge and resit of the knowledge test.

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Author:	JD [ Sat Jul 14, 2007 2:29 pm ]
Post subject:	Re: Driving when badge has expired?
moto wrote: one of my mates drivers was driving for 2 months after his badge had expired. He submitted his renewel but never got a new licence so he carried on working. He was issued with a new licence after 2 months. Not wearing a badge is a statutory offence, it's also a statutory offence for the purpose of insurance to drive while not licensed. There must have been a reason for the two month delay in issuing the badge so have you any idea why that was? It sounds like it could be CRB related in so far that the documentation was not presented in a workable time frame in relation to the renewal of the license? Regards JD

Author:	Fae Fife [ Sun Jul 15, 2007 4:23 am ]
Post subject:	Re: Driving when badge has expired?
gusmac wrote: Up here, if your renewal is submitted before your current licence expires - even on the same day - you can continue working until the new one is approved. One day late and your looking at a new badge and resit of the knowledge test. It was the same in Fife, and drivers regularly went weeks without a current badge because they applied at the last minute and the council tooks weeks to issue the new ones. At that time the plates lasted the life of the car, but then they introduced dated plates. So that the plates were never out of date they made us apply for them about a month in advance, and they also started doing the same with the badges. I reckon they're probably acting illegally by telling us to apply in advance, but it's not worth kicking up a stink about it.

Author:	Triggy [ Sun Jul 15, 2007 10:10 am ]
Post subject:	Re: Driving when badge has expired?
Fae Fife wrote: gusmac wrote: Up here, if your renewal is submitted before your current licence expires - even on the same day - you can continue working until the new one is approved. One day late and your looking at a new badge and resit of the knowledge test. It was the same in Fife, and drivers regularly went weeks without a current badge because they applied at the last minute and the council tooks weeks to issue the new ones. At that time the plates lasted the life of the car, but then they introduced dated plates. So that the plates were never out of date they made us apply for them about a month in advance, and they also started doing the same with the badges. I reckon they're probably acting illegally by telling us to apply in advance, but it's not worth kicking up a stink about it. Why is it illegal to apply in advance? I reckon it's down to you drivers to ensure that your badge and plate don't expire, and that you're fully legal at all times. I wouldn't expect to apply to teh council and get my badge immediately, especially if I had a CRB or medical to get as well

Author:	Fae Fife [ Sun Jul 15, 2007 3:45 pm ]
Post subject:
What I meant was that the legislation says that if you apply before the old licence expires then the old licence is valid until the council deals with the new application. Therefore I suspect the council is acting illegally by instructing us to apply a month in advance, because the legislation says that as long as we apply before the licence expires then we're covered. My comments were made in the context of gusmac's remarks, so I'm sorry if reading my own comments on their own caused any confusion - gusmac's council is obviously acting in accordance with the legislation.

Author:	gusmac [ Sun Jul 15, 2007 4:11 pm ]
Post subject:	Re: Driving when badge has expired?
Triggy wrote: Fae Fife wrote: gusmac wrote: Up here, if your renewal is submitted before your current licence expires - even on the same day - you can continue working until the new one is approved. One day late and your looking at a new badge and resit of the knowledge test. It was the same in Fife, and drivers regularly went weeks without a current badge because they applied at the last minute and the council tooks weeks to issue the new ones. At that time the plates lasted the life of the car, but then they introduced dated plates. So that the plates were never out of date they made us apply for them about a month in advance, and they also started doing the same with the badges. I reckon they're probably acting illegally by telling us to apply in advance, but it's not worth kicking up a stink about it. Why is it illegal to apply in advance? I reckon it's down to you drivers to ensure that your badge and plate don't expire, and that you're fully legal at all times. I wouldn't expect to apply to teh council and get my badge immediately, especially if I had a CRB or medical to get as well The rules may be diffrent where you are, if not in Scotland Fae Fife wrote: What I meant was that the legislation says that if you apply before the old licence expires then the old licence is valid until the council deals with the new application. Therefore I suspect the council is acting illegally by instructing us to apply a month in advance, because the legislation says that as long as we apply before the licence expires then we're covered. My comments were made in the context of gusmac's remarks, so I'm sorry if reading my own comments on their own caused any confusion - gusmac's council is obviously acting in accordance with the legislation. Yes, Aberdeen City Council have it right this time (for a change!)

Author:	Sussex [ Sun Jul 15, 2007 4:27 pm ]
Post subject:
In my manor if you don't apply before your driver's license runs out, then you have to do all the knowledge tests, CRB checks, DSA taxi tests, disabled training, english writing and reading tests, have a new medical, and pay bundles for the pleasure of doing them. Needless to say, not many forget.

Author:	TDO [ Mon Jul 16, 2007 1:49 am ]
Post subject:
I suspect many LAs are the same as regards late applications, but what's the standard practice as regards making applicants for renewals apply before the old licence expires?

Author:	JD [ Mon Jul 16, 2007 1:52 am ]
Post subject:
TDO wrote: I suspect many LAs are the same as regards late applications, but what's the standard practice as regards making applicants for renewals apply before the old licence expires? Manchester has a policy of allowing an existing license holder to drive while the crb check is being processed and I think this is the right approach. Regards JD

Author:	moto [ Tue Jul 17, 2007 3:14 pm ]
Post subject:
thanks for your replies. the driver actually applied 3 weeks before his badge was due to expire. the reason hes wanst issued a badge on expiry was the delay in the crb. The council normally issues a temporary badge which means you can carry on working BUT only if you ask!

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Author:	Downtown Cab [ Wed Jul 18, 2007 10:43 pm ]
Post subject:
As long as our license renewal is in before it runs out we are ok. But if its a day late then tough. One lad went back to Sudan and when he comes back he is in for a surprise.