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PH Driver's Life-time Ban Reversal Costs Him £1,700
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Author:  Brummie Cabbie [ Sat Jul 12, 2008 11:10 am ]
Post subject:  PH Driver's Life-time Ban Reversal Costs Him £1,700
Taxi driver banned after sting

A taxi driver has been banned from the trade after being caught out illegally plying for trade in a "sting".

Father-of-four Arshad Mahmood was collared picking up passengers while acting as a Hackney cab driver and breaching the terms of his licence.

Judge Anthony Russell QC said the ruling should send out a message to other drivers tempted to break the rules.

Private hire driver Mahmood, 37, was appealing at Preston Crown Court after being banned for life at an earlier hearing following the sting by council officers.

Officers approached Mahmood in Preston and asked to be taken to a destination and he agreed to do so.

David Hercock, prosecuting, told the appeal Mahmood was unlicensed to undertake such a journey and was therefore not properly insured.

The court heard that in a 10-day period, the council mounted an operation to detect unlicensed taxi drivers.

Mahmood was convicted of charges of plying for hire illegally and without proper insurance at a magistrates hearing and was fined.

Subsequently his licence was revoked by the licensing committee and he lost an appeal at Preston Magistrates.

The city council said he was not a "fit and proper person" to be a taxi driver because he had known he was illegally plying for trade and was endangering the public by driving while not properly insured.

Alan Wilson, defending, told the court that the offences were "one error in nine years as a taxi driver."

He said Mahmood, of Blackburn, would be hit financially and his livelihood put at risk.

Judge Russell and the panel partially allowed his appeal and ruled against a total revocation of the licence but substituted a 12-month suspension.

What he had done was "an obvious and flagrant breach" of the terms of his licence, the judge said.

Mr Mahmood was told his £1,700 costs would not be repaid.
Author:  wannabeeahack [ Sat Jul 12, 2008 5:06 pm ]
Post subject: 
the life ban seemed harsh

justice seems to have been done.


next time he can get a hackney plate
Author:  Sussex [ Sat Jul 12, 2008 6:05 pm ]
Post subject:  Re: PH Driver's Life-time Ban Reversal Costs Him £1,700
Brummie Cabbie wrote:
Judge Russell and the panel partially allowed his appeal and ruled against a total revocation of the licence but substituted a 12-month suspension.

Interesting. :-k
Author:  wannabeeahack [ Sat Jul 12, 2008 6:07 pm ]
Post subject: 
can anyone be given a LIFE sentence with no parole in this country, even for murder?

i dont condone his actions but we do have a 1974 rehabilitation of offenders act!
Author:  Sussex [ Sat Jul 12, 2008 6:14 pm ]
Post subject: 
wannabeeahack wrote:
can anyone be given a LIFE sentence with no parole in this country, even for murder?

I think banning someone working in a profession for life, for reasons other than of a sexual nature, is most probably illegal.

But this situation is a bit confusing as the crown court has substituted a punishment that the council couldn't set. The council can't ban someone for a year. They can say we will accept an new application in a year, but can't say that will automatically be accepted.

Yet that's what the higher court has said. :?
Author:  Sussex [ Sat Jul 12, 2008 6:21 pm ]
Post subject: 
wannabeeahack wrote:
i dont condone his actions but we do have a 1974 rehabilitation of offenders act!

We do have such an act, but it doesn't apply to the licensed taxi/PH trade.
Author:  cabbyman [ Sat Jul 12, 2008 7:47 pm ]
Post subject: 
Sussex wrote:
wannabeeahack wrote:
can anyone be given a LIFE sentence with no parole in this country, even for murder?

I think banning someone working in a profession for life, for reasons other than of a sexual nature, is most probably illegal.

But this situation is a bit confusing as the crown court has substituted a punishment that the council couldn't set. The council can't ban someone for a year. They can say we will accept an new application in a year, but can't say that will automatically be accepted.

Yet that's what the higher court has said. :?


The court has effectively guaranteed that he can drive again in 12 months. I would suggest the LA may have grounds for appeal on that basis. [Just playing devil's advocate!!]

On the other hand, as the licence is renewable annually, the LA can only revoke the remainder of the licence anyway. He then should have the option to reapply on the anniversary of his licence. The council's decision at that point would then be considered in the light of fairness or not, IMHO.
Author:  wannabeeahack [ Sat Jul 12, 2008 9:33 pm ]
Post subject: 
hes wasnt banned from driving, just as a PH/taxi driver

hands up anyone whose never done anything wrong?


litter, illegal u-turns, 35 in a 30, etc....

i wouldnt wish to see anyone unduly punished by having his livelihood taken off him, as he would doubtless be deemed to "have made himself unemployed" when claiming dole too...
Author:  wannabeeahack [ Sat Jul 12, 2008 9:38 pm ]
Post subject: 
Sussex wrote:
wannabeeahack wrote:
i dont condone his actions but we do have a 1974 rehabilitation of offenders act!

We do have such an act, but it doesn't apply to the licensed taxi/PH trade.



Quote:
Mahmood was convicted of charges of plying for hire illegally and without proper insurance at a magistrates hearing and was fined.



therefore he became a criminal ......
Author:  Sussex [ Sun Jul 13, 2008 6:23 am ]
Post subject: 
wannabeeahack wrote:
therefore he became a criminal ......

Your point is?
Author:  Brummie Cabbie [ Sun Jul 13, 2008 7:50 am ]
Post subject: 
wannabeeahack wrote:
can anyone be given a LIFE sentence with no parole in this country, even for murder?

i dont condone his actions but we do have a 1974 rehabilitation of offenders act!


It's all about 'Fit and Proper'.

After all you do carry vulnerable people in this trade; HC or S&C.
Author:  wannabeeahack [ Sun Jul 13, 2008 8:04 am ]
Post subject: 
Sussex wrote:
wannabeeahack wrote:
therefore he became a criminal ......

Your point is?


if hes a criminal then he falls under the 1974 rehab act, be he taxi driver or hoodie..
Author:  wannabeeahack [ Sun Jul 13, 2008 8:07 am ]
Post subject: 
Brummie Cabbie wrote:
wannabeeahack wrote:
can anyone be given a LIFE sentence with no parole in this country, even for murder?

i dont condone his actions but we do have a 1974 rehabilitation of offenders act!


It's all about 'Fit and Proper'.

After all you do carry vulnerable people in this trade; HC or S&C.


i fully appreciate that, i know the rules, he deserves a punishment, but LIFE?....

get real guys, sex offenders walk our streets,


tell me this then, what if...


a PH driver is in a street at 2am, a girl comes up to him and begs him to take her home, shes lost, upset, etc....

she lives 20 miles the wrong way too

hes the only "cab" (aka ph/taxi) to be seen in the unlit street

"sorry love, cant pick up off the street, ring the office"





and its YOUR daughter...[/img]
Author:  Brummie Cabbie [ Sun Jul 13, 2008 8:08 am ]
Post subject: 
wannabeeahack wrote:
can anyone be given a LIFE sentence with no parole in this country, even for murder?


Yes you're right the life-time ban was Out of Order.

He should have been given a fixed sentence by the council, so that there was 'some light at the end of the tunnel' for him, whereas with a life-time ban there is no hope.

A 60 year ban perhaps?

Then he would have had something to look forward to on his 97th birthday!!!
Author:  wannabeeahack [ Sun Jul 13, 2008 8:17 am ]
Post subject: 
A 6month suspension with a "refresher" course and test by the council, with some sort of fine (not punitive) would have been appropriate in a first offence.

was the original judge a hackney plated driver?.....lol
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