Taxi Driver Online

Barnstaple taxi driver falls foul of Victorian law

A TAXI driver who refused a fare because the journey was too short has been found guilty of breaking a Victorian hackney carriage law.

Barnstaple magistrates heard that Brian Hawksworth, 69, from Bickington, was plying for trade at Barnstaple railway station on the afternoon of July 26 when retired lecturer Alexandra Lewis asked him to drive her to her flat in Litchdon Street, half-a-mile away.

Miss Lewis, who is in her 60s, said Hawksworth told her to get a bus. She rang for another taxi and reported the incident to North Devon Council.

Council solicitor Trevor Blatchford told the court Hawksworth was being prosecuted under legislation from 1847 which although rarely used was still relevant. He said drivers must, like barristers, work on the "cab rank principle": they must take jobs whether they like them or not.

Mr Blatchford told the court Hawksworth was guilty of refusing without reasonable excuse to drive a passenger to a place of their choice.

Miss Lewis, an asthmatic, told the court she had returned to Barnstaple with a friend after a brief stay in Exmouth. The weather was hot and they had two heavy pieces of luggage.

Miss Lewis told the court: "I left the station first, carrying a bag, and my friend was a few yards behind me. I went to the taxi and approached the first driver I saw.

"I was very apologetic because I knew it was such a short distance. He didn't swear, but he said: don't be ridiculous, you can get a bus. I was shocked and said, 'I've got a suitcase.'"

She said his "truculent" manner left her "exploding with fury".

The council later asked to interview Hawksworth under caution but he chose instead to fill in a questionnaire. He pleaded not guilty in court.
Giving evidence, Hawksworth said: "She asked me to go to Litchdon Street and I was suggesting having a bus because it would be quicker for her...and it would have been cheaper...I was just thinking of her not spending so much money on a taxi."

The taxi fare would have been £4 and the bus fare 30p. He denied saying "don't be ridiculous" and claimed he had said: "I will still take you". He claimed Miss Lewis's demeanour had been aggressive and her friend had called him a "little s**t".

Hawksworth claimed he was being made a scapegoat. The court heard evidence from a council officer that there had been complaints about drivers refusing fares which were "too local", and all cabbies had been reminded of their duties.

Mr Blatchford put it to the defendant he had turned away Miss Lewis because he wanted a more lucrative fare. Hawksworth said the next job he took was a short distance.

Fellow cabbies John Greenwood and Gordon Guest appeared as defence witnesses. Both men corroborated the defendant's version of events but Mr Blatchford condemned their evidence as "concocted" and "convenient".
Presiding magistrate Susan Poxon said it had been proven beyond reasonable doubt Hawksworth had unlawfully refused a fare. He was ordered to pay a £350 fine, £350 costs and a £15 victim surcharge. Outside court, he said he would pay the fine but vowed to appeal.

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Not sure it works like that.

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IDFIMH

A true saint!



CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

£4 for half a mile in the afternoon!!! Damn good rates, Damn good.

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Grandad,

The penalty's a bit hefty although I agree with the principle of the case.

The fine would be based on his 'not doing local runs' income.

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IDFIMH

There is also the posability of him loosing his licence due to the conviction

I think, for a first conviction, that would be a tad harsh.

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IDFIMH

What about a suspension for a 'period'? Would the LA be justified in a short suspension?

It would indeed be better for the driver to have a little suspension rather than a revocation.

But I believe, not shared by most, that suspensions are illegal.

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IDFIMH

69 years old as well, if it had been me at that age i would have told the judge to sling his hook and i would not pay a fine, and lock me up as it would cost the government more to keep me inside

Well I thought grandad was a bit rough wanting to deport to australia that smoker on the other thread!

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Cabbie was 69, the complainant was 60, maybe they have a "history".............

Risk you take when you refuse a fare without reasonable cause.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Taxi driver loses appeal against conviction

A TAXI driver who broke a Victorian hackney carriage law by refusing a fare has lost his appeal to have his conviction quashed.

Brian Hawksworth, 70, from Bickington, was convicted at Barnstaple Magistrates' Court in December and his appeal was thrown out at the crown court in Barnstaple last week.

Hawksworth always denied refusing to take retired lecturer Alexandra Lewis from Barnstaple railway station to her home in Litchdon Street, a distance of about half-a-mile, on July 26, 2008.

Miss Lewis, a 63-year-old asthmatic, had returned to Barnstaple with a friend after a trip to Exmouth; the weather was hot and they had two heavy pieces of luggage.

She told the court: "I went to the first taxi in the rank and spoke to the driver and said something quite apologetic like: 'it's just around the corner in Litchdon Street'.

"He said 'don't be ridiculous, you can get a bus'. I was flabbergasted at his response."

She said Hawksworth gave no indication he would be willing to take her fare so she walked away and phoned a private taxi firm.

Philip Fitzsimons, a licensing officer at North Devon Council, told the court that taxi drivers at the station had been told they were allowed to tell potential passengers that buses were available, but they were not allowed to refuse fares.

He said there had been a number of complaints over the years about drivers "humiliating" potential passengers into taking buses. Drivers were reluctant to take short distance fares in case a more lucrative job arrived. It is unlawful for Hackney drivers to refuse fares they think are "too local".

Hawksworth told the hearing he had told Miss Lewis a bus would be cheaper and quicker. The taxi fare would have been £4 and the bus fare 30p. "I have never refused a job from the railway station," he said.

He denied Miss Lewis's claim he had been aggressive and his counsel said the incident was a "misunderstanding". Hawksworth said he had told Miss Lewis: "I will still take you."

Gordon Guest and John Greenwood, who were also plying for trade on the station rank that day, gave evidence in support of the appellant; both men said Hawksworth had said: "I will still take you."

Judge David Tyzack QC, who was sitting with two magistrates, said Miss Lewis was a "compelling, convincing and credible witness".

He told the court: "We find Mr Hawksworth's behaviour to be utterly outrageous. Taxi drivers are not in the position to be able to refuse fares even if that is a short journey. We find that Mr Hawksworth on this occasion did refuse to take Miss Lewis. We are sure about that."

Hawksworth, who has had his station permit revoked, was fined £350 and ordered to pay £350 costs at the earlier magistrates' court hearing.

He was ordered to pay the £885.55 cost of the appeal. Outside court, Hawksworth, who still works as a taxi driver and chauffeur, said he would not have any problem paying the fines and costs. "All I wanted to do was clear my name," he said.

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin