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| Private Hire Driver In Medical Row With City of York Council http://taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=8254 |
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| Author: | Cybro [ Tue Mar 18, 2008 9:17 am ] |
| Post subject: | Private Hire Driver In Medical Row With City of York Council |
18 Mar 2008 Taxi driver in health test row A 69-YEAR-OLD private hire driver who is forced to undergo a medical every year intends taking legal action against City of York Council, claiming age discrimination. Tony Clayton-Chance claims the authority is breaching legislation by making him take an annual medical examination, at a cost of £150, when drivers aged 45-65 only need one every five years - and under 45s do not need one at all. Mr Clayton-Chance, from the Bishopthorpe Road area, spoke out after a council licensing committee yesterday refused to change its policy, which it said had the legitimate aim of protecting passengers' safety. He told The Press: "I am not leaving it there. I am going to consult a solicitor with the aim of taking legal action. I am also going to contact the Government, Age Concern and my MP. "The council has posters all over the place saying it is anti-discrimination, but this discrimination is costing me £150 a year. "If the council was saying that Asian drivers had to have a medical every year, that would rightly be considered racial discrimination." Mr Clayton-Chance, who said he drove children to and from school and carried out other general private hire work, produced a letter from the Department for Work and Pensions' "Extending Working Life Division" to support his case, which said: "Treating people differently because of their age will only be justifiable in exceptional circumstances. "Therefore with regard to your own specific case, the council should now require every driver to provide medical examination regardless of age, unless they can objectively justify not doing so." A report to councillors from head of licensing Dick Haswell said that the 2006 Employment Equality (Age) Regulations stated that requiring additional medical certification at a certain age was discrimination. "The regulations do, however, recognise that there may be certain circumstances where such discrimination is justified if it is a proportionate means of achieving a legitimate aim." He said all drivers, regardless of age, had to submit details of any serious illness or prescription which could affect their abilities. He said that to justify the council's policy, it was necessary to show that older drivers were more likely to have medical conditions rendering them less safe to drive than younger ones. He then referred to a publication by the Royal Society of Medical Press which stated that increased age was associated with less effective visual function, and slowing of cognitive processes and many responses. He said that requiring all drivers to undergo a medical examination would create a financial burden that could be seen as unreasonable for younger drivers, and would be a higher standard than was required of bus and large lorry drivers. He added that the York Taxi Association agreed with the council retaining its existing policy. Source: York Press ---------- Disclaimer These press articles are intended for informational purposes only. Statements and opinions expressed in these articles are solely those of the original Publisher. I cannot guarantee the accuracy of any of these articles, and therefore I am not liable for any information contained therein. Where possible, the Publisher and the source are documented within each article. Any author that holds legal copyright, and objects to their material being posted, may request that it be removed and any future material excluded. |
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| Author: | cabby john [ Tue Mar 18, 2008 2:04 pm ] |
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Councils are just to keen to make us spend our money, if they want to have these extra checks, then they should pay. |
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| Author: | gusmac [ Tue Mar 18, 2008 2:36 pm ] |
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I can't see him having much chance of having the checks dropped. The best he will achieve is the council making everyone have these tests. That won't make him popular. I think the council should pay for the checks if they think they are necessary. |
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| Author: | CABMAN [ Tue Mar 18, 2008 3:43 pm ] |
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If the council was saying that Asian drivers had to have a medical every year, that would rightly be considered racial discrimination...........Go on my son ... |
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| Author: | cabbyman [ Tue Mar 18, 2008 6:59 pm ] |
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gusmac wrote: I can't see him having much chance of having the checks dropped.
The best he will achieve is the council making everyone have these tests. That won't make him popular. I think the council should pay for the checks if they think they are necessary. Agreed, except in one regard: Making the council pay will only put an extra cost centre in the chain because they will increase the licensing fees to recover the cost from us, including the extra cost of their admin. |
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| Author: | skippy41 [ Tue Mar 18, 2008 7:34 pm ] |
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A medical check is only £45.00 in the Borders for over 65s and the council pay it, so a charge of £150.00 is over the top or he is being riped off |
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| Author: | JD [ Tue Mar 18, 2008 7:36 pm ] |
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I think you might find that some councils have already removed the yearly mandatory examination check for elderly drivers. However I suppose at some stage there comes a time when a person will reach an age where an annual or bi-annual medical examination should become mandatory. Regards JD |
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| Author: | Stinky Pete [ Tue Mar 18, 2008 7:41 pm ] |
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skippy41 wrote: A medical check is only £45.00 in the Borders for over 65s and the council pay it, so a charge of £150.00 is over the top or he is being riped off
dont know about the over 65's but at my Doctor its £195 for taxi medical and you cant go anywhere else but your own Doc, the Council stopped that long time ago, and if you do or can the Doctor charges you for transfering your medicals documents, so no better off |
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| Author: | agabbycabbie [ Tue Mar 18, 2008 10:59 pm ] |
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cabby john wrote: Councils are just to keen to make us spend our money, if they want to have these extra checks, then they should pay.
good idea but do you think i could get some one to pay for the medical i will need for my HGV license when it comes up for renewal when reach 45 |
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| Author: | agabbycabbie [ Tue Mar 18, 2008 10:59 pm ] |
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cabby john wrote: Councils are just to keen to make us spend our money, if they want to have these extra checks, then they should pay.
good idea but do you think i could get some one to pay for the medical i will need for my HGV license when it comes up for renewal when i reach 45 |
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| Author: | grandad [ Tue Mar 18, 2008 11:11 pm ] |
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Do you want them to pay for your medical twice? |
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| Author: | agabbycabbie [ Tue Mar 18, 2008 11:17 pm ] |
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grandad wrote: Do you want them to pay for your medical twice?
Yes i do grandad i need 2 medicals one for taxi and one for hgv |
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| Author: | grandad [ Tue Mar 18, 2008 11:18 pm ] |
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| Author: | gusmac [ Tue Mar 18, 2008 11:19 pm ] |
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agabbycabbie wrote: grandad wrote: Do you want them to pay for your medical twice? Yes i do grandad i need 2 medicals one for taxi and one for hgv |
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| Author: | agabbycabbie [ Tue Mar 18, 2008 11:31 pm ] |
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gusmac wrote: agabbycabbie wrote: grandad wrote: Do you want them to pay for your medical twice? Yes i do grandad i need 2 medicals one for taxi and one for hgv ?? |
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