Taxi Driver Online

Both.

The council for being incompetent.
The drivers for believing any council could be competent.

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

I disagree. In the end of the day we adhere to conditions of licence that we had to learn to pass the test to get licence, not any conditions, but our local conditions. So a call for Ignorance on my part would never hold, couldn't be fined, suspended or prosecuted as there was no requirement to read the actual act.

If your conditions said you had to obey the speed limit while working, would that be a defence against a speeding charge when off duty?

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

I disagree. In the end of the day we adhere to conditions of licence that we had to learn to pass the test to get licence, not any conditions, but our local conditions. So a call for Ignorance on my part would never hold, couldn't be fined, suspended or prosecuted as there was no requirement to read the actual act.[/quote]

If your conditions said you had to obey the speed limit while working, would that be a defence against a speeding charge when off duty?[/quote]

Of course not. But as I said earlier on knowing highway code is a must, knowing the 1976 is not a requirement to get licenced. Perhaps we are not seeing each others point of view. That's how sometimes lawyers win cases in court of law, by looking at a piece of legislation that we had to read and learn and if the wording is misleading, then they prove that it could have been this or that. Councils ought to state "at no time whilst a vehicle is being driven..."

Let me get this right,
It has been shown that your council have got it wrong, yes or no?
The fact that your council have got it wrong have been pointed out to you, yes or no?

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Grandad,

Yes & yes. But at the same time I am simply defending my case. If I was to be fined by Essex police (no idea who fines for these offences) then I had grounds for an appeal, based on that very page link that you posted. Plus other factors, it's down to technicalities. As I said even SkillsUK that provided the NVQ/BTEC training said they shouldn't have asked to see the badge, as it wasn't a joint mission between 2 councils.

OK, but if there was a police officer or a VOSA official there as well, either of those could demand to see your badge.

Ignorance is no defence in the eyes of the law, whether it is yours or the council's ignorance. A possible defence could be along the lines you state; that would mean the council being questioned about their ignorance in court and could be used by you as mitigating circumstance.

I doubt very much that this would ever end up in court Just because a private hire driver hasn't worn his badge driving a private hire vehicle off shift does not mean he is at that time not licensed to drive that vehicle, this is a totally different case to a hackney carriage driver driving a private hire vehicle off shift.

Here is an interesting extract, wonder what they dug up in legislations to prevent a council fining drivers for not wearing their badges:

"Fixed penalty fine scheme

a2z licensing took action against Calderdale Council, which had been imposing fixed penalty notices on taxi drivers for minor infringements of their taxi licence such as not wearing a name badge.

Calderdale Council's licensing committee reviewed the report written by a2z licensing and abandoned the scheme, issuing nearly £5000 in refunds."

A2Z Licensing http://www.a2zlicensing.co.uk/Taxi-and- ... re(2383685).htm

Here is another gem from same source, exactly what I was trying to say about variations conditions set by various councils:

Taxi and private hire licensing

Because hackney carriage licensing law and private hire licensing law is complex, licensing authorities (councils and Transport for London) employ lawyers to advise and assist their experienced licensing officers. Each licensing authority sets their own local policies and standards, which can mean that no two licensing authorities do things the same.

Your trawling the internet looking for evidence to back up your position - normally this is quite admirable - however the example you give from AtoZ licensing isn't totally correct.

The council in that particular instance brought in on the spot fines for drivers - the article is on here somewhere.

viewtopic.php?p=142144

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

Also, I doubt very much, will confirm, whether VOSA or Police can demand to see the badge, as absence of a badge, providing a driver holds a PH license and of course insured, etc. does not make it unlawful for that driver to be driving that vehicle. That is up to the licensing authority to deal with, not VOSA or Police. I think I can say this because I spoke to my good friend who works at MOD in Whitehall (armed police).

I spoke to our milkman and he said you are wrong!

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Grandad,

And your point is?

Opinions are like ar5eholes, everyone has one. What the hell does your mate, who works in whitehall as a policeman, know about taxi and private hire licensing?

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Grandad,

at what point are you going to realise that you will wear your keyboard out in trying to convince this chap?

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