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PostPosted: Sat Mar 23, 2019 10:16 am 
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We have a driver who is retiring and moving from the area early next year. Her badge expires on April 19th this year. The Council will only issue a badge for 3 years even though she can only use it for one year. Should she be able to get a one year badge? are the Council acting unreasonably by insisting on a 3 year badge? What, if anything can be done about it?

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PostPosted: Sat Mar 23, 2019 3:46 pm 
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grandad wrote:
We have a driver who is retiring and moving from the area early next year. Her badge expires on April 19th this year. The Council will only issue a badge for 3 years even though she can only use it for one year. Should she be able to get a one year badge? are the Council acting unreasonably by insisting on a 3 year badge? What, if anything can be done about it?



If she wishes to be licensed for 1 year the Council are duty bound to issue the license for that period.


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PostPosted: Sat Mar 23, 2019 8:33 pm 
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grandad wrote:
We have a driver who is retiring and moving from the area early next year. Her badge expires on April 19th this year. The Council will only issue a badge for 3 years even though she can only use it for one year. Should she be able to get a one year badge? are the Council acting unreasonably by insisting on a 3 year badge? What, if anything can be done about it?

The council can issue 1 year licenses, and there is no reason why they shouldn't in this ocassion.

Other than them being knobs.

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PostPosted: Sat Mar 23, 2019 8:43 pm 
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Sheffield 1,2 or 3 whichever you want to pay for.


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PostPosted: Sat Mar 23, 2019 8:45 pm 
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heathcote wrote:
If she wishes to be licensed for 1 year the Council are duty bound to issue the license for that period.


Don't know so much about being 'duty bound'.

The wording via the Deregulation Act is that a badge can be issued for a lesser period "as the district council think appropriate in the circumstances of the case."

So sounds more like an *option* for the council rather than a *duty*, but how this should be applied in practice is a different matter, and doubt if there's any case law on how it should be applied.

The explanatory notes to the legislation don't help much either:

Section 10 Deregulation Act 2015 (explanatory notes) wrote:
Subsection (2) changes the law in such a way as to establish a standard duration of three years for taxi and private hire vehicle driver licences. The section specifies that a licence may be granted for a period of less than three years but only in the circumstances of an individual case, not because of a blanket policy.


But note that it says a badge MAY be granted for a lesser period than three years, not that it MUST.

That said, in the case outlined by Grandad common sense would dictate that the council should issue a one-year badge.

If the council don't play ball maybe another one for a crowd-funded TDO judicial review? :badgrin:


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PostPosted: Sat Mar 23, 2019 8:46 pm 
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rayggb wrote:
Sheffield 1,2 or 3 whichever you want to pay for.


Interesting, and as per others highlighted such a *blanket* policy would seem to conflict with the Deregulation Act, as per my post above.


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PostPosted: Sat Mar 23, 2019 9:32 pm 
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The reason that 1, 2 or 3 year licenses are used is quite clear and simple.

If someone has to have a yearly medical, then it doesn't make sense them having three year licenses.

Same for someone who's medical is due in two years, makes no sense giving them a three year license.

Same also applies if someones license is renewed a year before their DBS runs out.

What I suggest is Grandad asks his council what they do in the above scenarios.

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PostPosted: Sat Mar 23, 2019 10:47 pm 
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Sussex wrote:
The reason that 1, 2 or 3 year licenses are used is quite clear and simple.


Indeed, which begs question why Law Commission wanted to end such clear alternatives, the one-year option of which would presumably come under the 'blanket' label, thus against the intention of the legislation.

We've always had choice of one year or three year badges and plates here under the Scottish legislation, don't see any problem with that, and if LC wanted to make a three-year option compulsory in England then that would have been fine, as long as they also provided for a mandatory one-year option as well.

So sounds like another cockup by people sitting behind desks.

I mean, the only other thing to come out of the LC's investigation was, er, can't remember now #-o :badgrin:


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PostPosted: Sun Mar 24, 2019 8:30 am 
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Sounds like a blanket policy to me, which is illegal. Each case should be individually judged on its merits.

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PostPosted: Sun Mar 24, 2019 3:28 pm 
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Sussex wrote:
The reason that 1, 2 or 3 year licenses are used is quite clear and simple.

If someone has to have a yearly medical, then it doesn't make sense them having three year licenses.

Same for someone who's medical is due in two years, makes no sense giving them a three year license.

Same also applies if someones license is renewed a year before their DBS runs out.

What I suggest is Grandad asks his council what they do in the above scenarios.

I can answer a couple of these points.
Firstly when the 3 year license came in My medical and DBS were not due. So the license was issued for 3 years and my medical and DBS were done at the time they expired. Now it is compulsory for us to subscribe to the annual update service for the DBS that part is taken out of the equation. My medical is still due every 3 years and does not coincide with my badge. Now my wife is due an annual medical because of her age but she still has a 3 year badge.

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PostPosted: Sun Mar 24, 2019 3:31 pm 
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I spoke with the driver yesterday and she has received a letter from licensing telling her that she can have a 1 year license but it will cost the same as a 3 year license.

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PostPosted: Sun Mar 24, 2019 3:49 pm 
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grandad wrote:
I spoke with the driver yesterday and she has received a letter from licensing telling her that she can have a 1 year license but it will cost the same as a 3 year license.

I would make a formal complaint to the council.

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PostPosted: Mon Mar 25, 2019 10:36 am 
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grandad wrote:
I spoke with the driver yesterday and she has received a letter from licensing telling her that she can have a 1 year license but it will cost the same as a 3 year license.


May as well have a three year one then, I have seen this with a lot of councils, not sure why you have a three year medical, if you adopt group 2 then you adopt 5 year medicals as stated.


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PostPosted: Mon Mar 25, 2019 6:11 pm 
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grandad wrote:
We have a driver who is retiring and moving from the area early next year. Her badge expires on April 19th this year. The Council will only issue a badge for 3 years even though she can only use it for one year. Should she be able to get a one year badge? are the Council acting unreasonably by insisting on a 3 year badge? What, if anything can be done about it?



They're acting knobs, they can issue a one year badge they're just acting like prized bell ends. I got a one year badge in February because I don't envisage me being in this job come the summer.


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PostPosted: Mon Mar 25, 2019 8:26 pm 
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Nidge2 wrote:
grandad wrote:
We have a driver who is retiring and moving from the area early next year. Her badge expires on April 19th this year. The Council will only issue a badge for 3 years even though she can only use it for one year. Should she be able to get a one year badge? are the Council acting unreasonably by insisting on a 3 year badge? What, if anything can be done about it?



They're acting knobs, they can issue a one year badge they're just acting like prized bell ends. I got a one year badge in February because I don't envisage me being in this job come the summer.

As I clarified in a later post. She can have a 1 year badge but the price is the same as a 3 year badge.

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