Taxi Driver Online

Hi,

After some advice please my brother has been issued a ticket for having his phone in his hand whilst at the train station taxi rank by the transport police. It’s a single line file taxi system at the train station that goes in a circle (the police park in the middle) he said was checking something on his calculator the driver infront moves forward and he moved forward one car length with phone in hand (not thinking) stopped and put his handbrake up. Next thing a police officer is issuing him a verbal NIP and took his details. Police officer saw that he wasn’t making a call or texting but said it shouldn’t have been in his hand.

The conditional FPN has come through £200 fine and six points. Has anyone been ticketed by police at a train station taxi rank?

We have got some legal advice and the firm think he has a good case to contest as no evidence was taken At the time also the phone wasn’t being used for interactive communication. Service provider records can back this up.

Also the public road stops at the point of entry to the station taxi rank. It’s got two large no entry signs except for taxis so can the police issue the NIP? As I was under the impression they can only issue if it’s a public road which the firm said could be another element.

The link below is a recent High Court case which in effect says unless you are communicating i.e. ringing someone up or receiving a call, texting, or searching the web, then no offence has taken place.

https://www.bailii.org/ew/cases/EWHC/Ad ... /2044.html

The link below is an article talking about the case which should give you a better idea of where the law is now.

https://www.fleetnews.co.uk/news/compan ... high-court

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IDFIMH

Thanks do you know if it not being a public road would work ?

Thanks

Doubt it, unfortunately. I don't pay particular attention to this kind of stuff, but always remember a case about a road traffic offence in a supermarket car park - it didn't really matter that it was private land if the public have access (makes sense as regards public safety, I suppose, and sounds a bit like the plying for hire cases on private land).

Anyway, haven't had the time to look at this thoroughly, but suspect you'll get chapter and verse here, and no doubt plenty other stuff available online:

https://thedrivingsolicitor.co.uk/2019/ ... aws-apply/

The public/private road isn’t an issue anyway as it doesn’t matter as the driver hasn’t committed an offence.

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IDFIMH

We think that the police will reject the appeal and refer to court which he doesn’t want so wanted to make the strongest argument. There is no public access for example other road users cannot go onto the single lane for taxi drivers. There are clear no entry signs except for taxis.

Thanks

The police don't reject anything, this isn't a private parking ticket issue.

You must appeal the charge !!!!

The appeal will then go to the court who will set a date. The Crown Prosecution will then look at the charge, and the defence that you put forward in writing.

In your defence you quote the judgement that I linked in a previous post. That's the law, and even Transport Police have to adhere to the law of this land.

Once a court date is set, and if the CPS don't withdraw the charge you will most likely be asked to attend a Traffic Court. At that court you will be able to speak to the CPS or the prosecuting lawyer before you go into court. There you can explain why this shouldn't need to go into the court.


As I said above it doesn't matter a jot. The public access issue isn't just for public transport, but for pedestrians or anyone there including other taxi drivers.

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IDFIMH

Thank you for the advice. He’s just a bit nervious because he’s got a clean licence and doesn’t want to end up at court the legal advice we took suggested the police can withdraw without it going to court but I guess it’s more likely they’ll refer to court.

The police can withdraw, but they can't decide guilt or otherwise.

If he doesn't appeal he will get those points. The only thing he could be worse off by going to court is costs. Which in this case should be no more than £85.

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IDFIMH

Thanks for all your help Sussex.

Your welcome.

Tell you brother not to worry, the courts can appear to be scary places, but if you stay calm and write down what you want to say in an ordered fashion, you will be surprised how helpful they can be.

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IDFIMH

Hi all,

We wrote to the police and they wouldn’t withdraw the charge and he was asked to confirm if he wanted to accept the fine and penalty points. He confirmed he wanted to contest and they have now sent a single justice procedure pack and on this the charge states driver not in position to have proper control endorsable offence different to the original conditional offer of fixed notice which stated use of handheld mobile phone / device while driving a motor vehicle. Is this more serious? We wrote that the mobile wasn’t being use for interative purposes and it’s not a public road is this why they changed the charge? Can the police do this?

Thanks

Nikki

It would appear they have changed the charge from a mobile phone offence to one of driving without due care and attention, sometimes called careless driving.

Can you confirm what the charge is?

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IDFIMH

Hi,

It states the driver not in a position to have proper control endorsable offence.

Thanks

Nikki

Somewhere it must have the section of the act he is being charged with.

More than likely near the top.

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IDFIMH