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PostPosted: Thu Dec 04, 2008 2:49 pm 
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Hi everyone.

I recently applied for a hackney carriage licence but failed the medical due to having diabetes. I was due to make my appeal but failed to do so in time due to being attacked and hospitalised with 3 days left to make the appeal.

I wrote to the court to ask them to use their discretion and allow me extended time to allow my appeal, however they have refused that and wont allow my appeal to stand. I am desperately trying to seek help as I have a full time job waiting for me with a taxi firm if I can get my licence.

I have spoke to some legal firms who offer free legal advice but have only received 1 reply, which was to write to the court and ask them to extend my appeal time. I have tried the citizens advice beurea who were no help at all. I have tried the jobcentre, again, no use.

At the moment I just cannot believe this is happening, the government are always complaining about benefits and people out of work, yet here I am with a full time job waiting for me to take on and they wont allow it. I feel alone and like no one gives a damn whether I get the licence or not.

Who can I turn to that will help me get this licence that wont cost an arm and a leg?
Will I have to re-apply for the licence?
Or is the licence now out of my reach?

Thanks.


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PostPosted: Thu Dec 04, 2008 3:10 pm 
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Do you have type 1 or type 2 diabetes?
Some councils will not allow type 1 diabetics to hold a license.

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PostPosted: Thu Dec 04, 2008 3:21 pm 
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Its type 1 diabetes and the council do not allow type 1 diabetics a hackney licence, however that is a different matter at the moment as I am trying to fight the decision to not extend the 21 days appeal time as seen in the public health act 1936 here:

www.opsi.gov.uk/RevisedStatutes/Acts/uk ... 0049_en_11


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PostPosted: Thu Dec 04, 2008 4:55 pm 
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Gunnapaul2 wrote:
Its type 1 diabetes and the council do not allow type 1 diabetics a hackney licence, however that is a different matter at the moment as I am trying to fight the decision to not extend the 21 days appeal time as seen in the public health act 1936 here:

www.opsi.gov.uk/RevisedStatutes/Acts/uk ... 0049_en_11


Have you checked with the DVLA, they may help or provide you with an explanation as to what to do in your case, and if your type 1 what will stop you from driving a cab.
Why not ask the cab company if you could become a controller until you get things sorted


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PostPosted: Thu Dec 04, 2008 6:14 pm 
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Gunnapaul2 wrote:
I recently applied for a hackney carriage licence but failed the medical due to having diabetes. I was due to make my appeal but failed to do so in time due to being attacked and hospitalised with 3 days left to make the appeal.

I wrote to the court to ask them to use their discretion and allow me extended time to allow my appeal, however they have refused that and wont allow my appeal to stand. I am desperately trying to seek help as I have a full time job waiting for me with a taxi firm if I can get my licence.

Go back to the beginning and reapply, and when they say no then appeal that decision.

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PostPosted: Thu Dec 04, 2008 6:15 pm 
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Gunnapaul2 wrote:
however that is a different matter at the moment as I am trying to fight the decision to not extend the 21 days appeal time as seen in the public health act 1936 here:

www.opsi.gov.uk/RevisedStatutes/Acts/uk ... 0049_en_11

Forget it, the time that will take is too long, just reapply and go from there.

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PostPosted: Thu Dec 04, 2008 6:51 pm 
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The Driver and Vehicle Licensing Agency (DVLA) says its policy of banning people from driving lorries if they inject insulin for their diabetes is not unnecessarily stringent, despite research showing otherwise. A study carried out earlier this year by doctors at Exeter University found no significant difference in accident rates of diabetic and non-diabetic motorists when classified by age.

Researchers say it shows that restrictions preventing drivers from driving category C1 and D1 vehicles have been put into place without any consistent evidence to back up the policy. People who inject insulin to treat their diabetes are thought to be at risk of suffering a hypoglycaemic attack, which could cause an accident if they were driving.

A 2006 study commissioned by the Department for Transport also revealed differences in hypoglycaemic risks between type 1 and 2 diabetes and the length of time they have been injecting insulin.

The Exeter University researchers argue that there should be individual risk-based assessments instead of a blanket ban. But the DVLA says: "Having considered the arrangements for other member states in some detail, the agency is of the opinion that the UK's arrangements are not exceptionally or unnecessarily stringent."


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PostPosted: Thu Dec 04, 2008 7:50 pm 
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Location: Hampshire (HC)
Sussex wrote:
Gunnapaul2 wrote:
however that is a different matter at the moment as I am trying to fight the decision to not extend the 21 days appeal time as seen in the public health act 1936 here:

www.opsi.gov.uk/RevisedStatutes/Acts/uk ... 0049_en_11

Forget it, the time that will take is too long, just reapply and go from there.


If you end up losing an appeal, you may need to seek to seek a judicial review from a higher court, possibly as far as ECHR, if no-one has taken this issue that far before.

When I was in financial services, I found the organisation for the illness very useful for securing insurance cover for individuals. You may find the Diabetics Association or similar may be able to advise and help you. They will certainly be able to advise you in more detail about the possibility of successfully challenging the decision in law.

Good luck and let us know what happens. :)


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PostPosted: Thu Dec 04, 2008 10:25 pm 
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Cheers for the advice folks. Its looking like a re-application then.

Is it actually the medical Im re-applying for? There was so many forms I forget whats what.

Cheers.


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PostPosted: Thu Dec 04, 2008 10:34 pm 
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Your original question asked opinion about re-applying for your licence. That may be your only option to re-open the case. But, it's your money and your call.


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PostPosted: Thu Dec 04, 2008 10:48 pm 
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Gunnapaul2 wrote:
Is it actually the medical Im re-applying for? There was so many forms I forget whats what.

I think you need to apply a new for everything, not just the medical.

Clearly the only iffy bit is the medical, but what you need from the council is a formal letter saying they are not issuing you with a license due to the medical issues.

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PostPosted: Fri Dec 05, 2008 1:21 pm 
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Sussex wrote:
Gunnapaul2 wrote:
Is it actually the medical Im re-applying for? There was so many forms I forget whats what.

I think you need to apply a new for everything, not just the medical.

Clearly the only iffy bit is the medical, but what you need from the council is a formal letter saying they are not issuing you with a license due to the medical issues.


I got the CRB check back so thats out the way with, that just leaves the medical I think, didnt get round to doing the knowledge test due to the lack of medical.


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PostPosted: Fri Dec 05, 2008 1:27 pm 
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Gunnapaul2 wrote:
Sussex wrote:
Gunnapaul2 wrote:
Is it actually the medical Im re-applying for? There was so many forms I forget whats what.

I think you need to apply a new for everything, not just the medical.

Clearly the only iffy bit is the medical, but what you need from the council is a formal letter saying they are not issuing you with a license due to the medical issues.


I got the CRB check back so thats out the way with, that just leaves the medical I think, didnt get round to doing the knowledge test due to the lack of medical.


this area sends PH/HC applicants to a county occy health unit for a full HGV/PCV drivers medical which cpst £110 and was frankly a joke.

im type 2 diabetic.


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PostPosted: Fri Dec 05, 2008 6:09 pm 
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I would emphasise my previous comment that a chat with the Diabetic Association may prove fruitful.


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PostPosted: Fri Dec 05, 2008 6:53 pm 
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cabbyman wrote:
I would emphasise my previous comment that a chat with the Diabetic Association may prove fruitful.

Good advice, but added to that is a letter from his diabetic consultant saying he is ok to work in the taxi/PH trade.

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