Taxi Driver Online

This is one council who is going have their face rubbed in the dirt when the private hire operator appeals to the Magistrates court. The lady in question who has held a licence for a considerable time and suddenly because she had the audacity to allow Berwick cabs on to her system she is deemed not fit and proper. Darlington councillors are a disgrace and I the sooner they are toght a lesson in law the better.

I can confirm that the operator will appeal this decision and Taxi Driver online will afford her every assistance should she require it.
______________________________

The Northern Echo

August 30, 2007

TAXI FIRM LOSES OUT AFTER CAB LICENCES GRANTED OUT OF TOWN

By Lauren Pyrah

A TAXI firm has lost its licence after obtaining plates for some of its cars from another local authority.

Darlington Borough Council revoked private hire firm Ace Cars' operating licence after councillors ruled that the firm was jeopardising public safety by licensing some of its taxis with Berwick-upon-Tweed Borough Council.

But Berwick council insisted that its licence conditions were equally high and were based on Darlington's standards.


At yesterday's licensing committee, licensing and parking manger Pam Ross told councillors that Darlington would only licence vehicles older than six years if they were in "pristine" condition and checked twice a year.

Vehicles older than three years must have their licences renewed annually for them to keep their plates.

She said that the two cars licensed by Ace Cars with Berwick were more than three years old and officers were concerned because they were not subject to checks every six months.

Patricia Mason, who owns Ace Cars, told the meeting she had licensed two of the taxis in Berwick after their licences had lapsed.

She had not been able to afford the repairs to bring them up to standard and the cars had been taken off the road.

When she could afford to licence them, she was forced to go to Berwick because of Darlington's policy not to give an initial licence to cars older than three years. She said that both cars had new engines and new interiors to bring them up to Berwick's standards.

She said she had people who had been working for her for more than five years.

"If you take away the operating licence, many of them will be out of a job, " she added.

Councillor Isobel Hartley, committee chairwoman, said the committee was concerned the difference in requirements could affect public safety.

"We are very, very concerned that you are putting vehicles and drivers on the road which are of a lower standard than the high one demanded in Darlington."

A spokesman from Berwick council said while they could not comment on this case specifically, standards applied by Berwick were based on those set by Darlington.

He said: "We do not accept that any council's conditions are higher than our own, although they many be different. It is the end result that is important - ensuring that the public are protected - rather than how it is achieved."
________________________

Well count me out - she may have the letter of the law on here side (but it'll be interesting to see what happens in that respect) but by the sounds of the vehicles in question IMHO that's the kind of thing that the trade can do without.

_________________
Taxi Driver Online
www.taxi-driver.co.uk

One of the vehicles was an 03 reg and the other two were P and N. I can understand your concern about the two older vehicles but I can name a great many authorities that license vehicles of that age including Manchester, Trafford and I think Sefton and even London to name just a few.

The ex operator in question is still running these vehicles and there is nothing Darlington council can do to stop her because she isn't breaking any laws. Revoking her license is a punishment and has nothing whatsoever to do with being fit and proper to operate private hire vehicles licensed by Darlington.

Regards

JD

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

Well whatever the legality of the situation I won't support people running saloon cars of that age in the trade, just as I didn't/won't support the s6 contrivance or the Pink Ladies, legal or not.

I should underline that that's my personal opinion, not that of the site.

_________________
Taxi Driver Online
www.taxi-driver.co.uk

She can now obtain an op licence from Berwick, problem solved.

Wouldn't see need to relocate her base if she did?

_________________

http://wingsoverscotland.com/ http://www.newsnetscotland.com/

I have a strong suspicion that Darlington will be happy going to court, and even appeal,
I wonder how many other council's will be sharing the cost,

Let face it something has to be done and Darlington has no authority over these drivers and taxis, to agree with this and argue controls is ridiculous, but what new there.

_________________
Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

Well lets face it, if you advocate tinkering with legislation, which you do, then you can't really complain when the legal system turns your ideal world upside down.

When this lady wins her appeal and I am quite confident that she will, then it will be another nail in the coffin of Mr and Mrs Tinker.

Regards

JD

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

Tinkering... what a quaint word. is it something the Irish do.. Have you ever given thought that the council might want her to win..

_________________
Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

One of the vehicles was an 03 reg and the other two were P and N. I can understand your concern about the two older vehicles but I can name a great many authorities that license vehicles of that age including Manchester, Trafford and I think Sefton and even London to name just a few.



Sefton do have some older vehicles, but we do have enforcements officers that have Authority to check them for roadworthiness and condition and even order them to be retested to make sure they are safe.
It would seem that you are happy that Berwick vehicles in Darlington cannot be checked.

_________________
Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

The lady still operates hackney cabs licensed in Berwick, from with Darlington, so the decision of the council to revoke her Darlington private hire operator’s license has had no effect on the way she operates whatsoever.

Darlington council based their decision on the fact that she has Berwick hackney cabs on her system. Their reasoning that the operator has suddenly become unfit because she owns three vehicles licensed in Berwick is perverse to say the least.

She was fit and proper 12 months ago so why has she suddenly become unfit and not proper, now?

The council has made a scapegoat out of her for every other operator in Darlington who just happen to license vehicles in Berwick. So personally no matter what I may think of the licensing of vehicles over a certain age, the law is the law and councillors, licensing officials and solicitors who think they are above the law need to be taught the lesson learned by Carlisle, Edinburgh and Trafford, that they are not. That is my personal opinion.

Of course the test is whether the decision to revoke is unreasonable? Therefore we shall have to wait and see what transpires in the magistrates court?

Regards

JD

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

I don't believe I have ever said I am happy that vehicles are not checked, therefore your comments are not only fiction they were deliberately meant to mislead. However you will no doubt be aware that any licensing authority can request to see any vehicle any time they please so if Berwick wished to examine any vehicle all they need do is request its presence. On the other hand it is VOSA who is doing most of the spot checking these days so your argument regarding vehicle inspection is completely irrelevant

I would like to know how many spot check exercises were conducted in Sefton last year Because not counting the Airport it is my understanding that Manchester had about 12, which amounts to one a month if my maths are correct?

Regards

JD

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

I don't think my comments were misleading, Darlington council are obviously not happy with vehicles operating in their district that they have no control over, and when would a Berwick licensing officer/ enforcement officer ever be in Darlington,
Sefton has two enforcement teams days and nights and after the review there will probably be more, the enforcement teams are out on the road continuously, it is nothing new for a Hackney to be inspected three times in one a month.

_________________
Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

They were certainly misleading in respect of me being happy at vehicles not being checked and that is what my response centered on.



So you are saying that the public should not have a choice of which vehicles or companies they wish to use? Should Darlington residents only use vehicles licensed in Darlington or should they have a choice? Should the Liverpool public only use vehicles licensed in Liverpool or should they be allowed to use what some might say are older and inferior vehicles licensed in Sefton? Should Adur residents be restricted to only using vehicles in Adur and exclude Vehicles in Brighton and elsewhere?

I think you have you a complete misconception not only of the law but also the human rights act which gives everyone the freedom of choice.

There are aged vehicles from at least two outside authorities working a particular Radio circuit in Manchester and each one of them including Stockport has vehicles as old, if not older, than the vehicles precluded from working in Darlington.

I think you need to face reality and concentrate on what is lawful and not what isn't lawful but you prefer to be lawful even by the back door.

There is only way of remedying this cross border hiring issue for better or for worse and that is by new legislation and it pleases me greatly that here is yet another instance where a council is going to get its backside kicked for trying to make their own laws.

Regards

JD

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

Oh-the-way you try to twist things, of course people should have choices, but people should also feel confident that the vehicles they travel in are safe, you have made it quite Clear that it is your intention to support this company in its legal action, have you not, a company that operates vehicles from another district, vehicles that will not be checked simply because of the distance,
let's say a passenger, no your daughter get into a Berwick licensed vehicle in Darlington and is overcharged, who does she complain to .... Darlington council.. sorry miss we have no jurisdiction over this vehicle, so than she complains to Berwick who inform her that the hire has taken place in another district which is out of the control.....

You have made it quite Clear that you do not support quality controls . and have no concerns for the public's safety......

_________________
Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!