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PostPosted: Fri May 22, 2009 10:59 pm 
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Location: england
hi i was wondering where i stand i have recently been suspended for 4 weeks and during this period my private hire car is off road as i only drive it myself during the time whilst under suspension my insurance expired although i renewed the policy the licence dept want to take me to the comittee for not providing this insurance certificate whilst the car was off rd even can they do this and what should i expect i feel that licencing has it in for me looking for advice thanks


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PostPosted: Fri May 22, 2009 11:06 pm 
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I would ask them why they required you're vehicle to be insured.... after all they had suspended you from driving , which means your licence was not in force... which means they have no authority.

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PostPosted: Fri May 22, 2009 11:11 pm 
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del wrote:
hi i was wondering where i stand i have recently been suspended for 4 weeks and during this period my private hire car is off road as i only drive it myself during the time whilst under suspension my insurance expired although i renewed the policy the licence dept want to take me to the comittee for not providing this insurance certificate whilst the car was off rd even can they do this and what should i expect i feel that licencing has it in for me looking for advice thanks

Firstly, I don't think council's have powers to suspend drivers, but that's not a battle I would expect you to fight.

Secondly, your vehicle has been a licensed PH during your suspension, so it should have had adequate insurance. I suspect you were seen driving it (albeit not for hire and reward), and as you didn't have a license to drive, then I suppose technically you could be done for driving a licensed vehicle without the correct license.

What exactly are you being investigated for? If you don't know then ask your council. :wink:

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 Post subject: licence issues
PostPosted: Fri May 22, 2009 11:46 pm 
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Location: england
hi i am not been investigated but the council just seem to be on my case during my period of suspension i have not driven my car as a cab or private car it was disabled by my company as i only drove myself thanks


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 Post subject: Re: licence issues
PostPosted: Sat May 23, 2009 12:10 am 
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Location: Wirral
del wrote:
hi i am not been investigated but the council just seem to be on my case during my period of suspension i have not driven my car as a cab or private car it was disabled by my company as i only drove myself thanks


Why were you suspended :?

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PostPosted: Sat May 23, 2009 12:47 am 
del wrote:
hi i was wondering where i stand i have recently been suspended for 4 weeks and during this period my private hire car is off road as i only drive it myself during the time whilst under suspension my insurance expired although i renewed the policy the licence dept want to take me to the comittee for not providing this insurance certificate whilst the car was off rd even can they do this and what should i expect i feel that licencing has it in for me looking for advice thanks


Ouch you've dropped a big one there mate, when the Council said they were going to suspend you you should have said right I'm going to appeal against your decision, they have to give you your badge back while the appeal is going through, if your appeal fails at the Council take it to the Magistrates Court, in the meantime your allowed to drive while your appeal is going through.

Our lot tried suspending me back in 1993 I did the above and won.


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 Post subject: general
PostPosted: Sat May 23, 2009 12:56 am 
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thanks


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PostPosted: Sat May 23, 2009 1:21 am 
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Why were you suspended :?:


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PostPosted: Sat May 23, 2009 2:23 am 
You can be suspended, I saw a local driver removed from the road for 6 weeks for bad management, failed to show insurnce certificate even though he had one, another was suspended for 6 mths until he cleared his name for a false sexual assault, there are quite a few reasons a driver can be suspended, raw if it's menial, but absolutely nessesary if it's more serious.


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PostPosted: Sat May 23, 2009 2:31 am 
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Don't think he's concerned about the suspension so much as having to show insurance for when he was suspended if he wasn't working or using the vehicle

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PostPosted: Sat May 23, 2009 6:02 am 
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Councils have no power to suspend your licence. They can issue it, they can refuse to issue it or revoke it. They must deem you "not fit and proper", in order to revoke it or refuse to renew it.
Your temporary suspension would almost certainly be thrown out by the courts. How can you be "not fit and proper" at the time of the suspension, yet be "fit and proper" in 4 weeks time? :?

As Sussex said your vehicle license would still have been valid, even if your PH driver licence wasn't. Where the vehicle is kept or whether it was used is not important. A licenced vehicle should be insured at all times.

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PostPosted: Sat May 23, 2009 9:11 am 
gusmac wrote:
Councils have no power to suspend your licence. They can issue it, they can refuse to issue it or revoke it. They must deem you "not fit and proper", in order to revoke it or refuse to renew it.
Your temporary suspension would almost certainly be thrown out by the courts. How can you be "not fit and proper" at the time of the suspension, yet be "fit and proper" in 4 weeks time? :?

As Sussex said your vehicle license would still have been valid, even if your PH driver licence wasn't. Where the vehicle is kept or whether it was used is not important. A licenced vehicle should be insured at all times.


They'd laugh it out of a court room at the magistrates court. Take them all the way don't let them walk all over you.


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 Post subject: Re: licence issues
PostPosted: Sat May 23, 2009 4:42 pm 
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del wrote:
hi i am not been investigated but the council just seem to be on my case during my period of suspension i have not driven my car as a cab or private car it was disabled by my company as i only drove myself thanks

Then I fail to see what you can be charged with.

E-mail them and ask what they are charging you with, and what evidence they have.

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PostPosted: Sat May 23, 2009 4:47 pm 
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Doom wrote:
You can be suspended, I saw a local driver removed from the road for 6 weeks for bad management, failed to show insurnce certificate even though he had one, another was suspended for 6 mths until he cleared his name for a false sexual assault, there are quite a few reasons a driver can be suspended, raw if it's menial, but absolutely nessesary if it's more serious.

I agree folks can be suspended, but my view is that can't be suspended, legally, as a punishment in itself.

Of course if they are viewed as a danger, or are on bail for a sexual offence, then suspension is an option up until the court case or a council committee hearing. Otherwise I believe they are abusing their powers.

Basically a driver has to be 'fit and proper' to drive a taxi/PH, the council can only stop a driver working if they view him as not being 'fit and proper'.

Suspending him for four weeks is stupid, as someone isn't going to change from not being 'fit and proper' to being 'fit and proper' over the course of 28 days. :sad:

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PostPosted: Sat May 23, 2009 4:50 pm 
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Am I missing something? I still dont know why he was suspended!!


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