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PostPosted: Thu Jun 24, 2004 7:12 pm 
Please my council says taxi and private hire drivers are exempt from the above act, but I remember reading on here that we are not.

Please who is right?


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PostPosted: Thu Jun 24, 2004 10:52 pm 
We are now exempt from the ROA. I cant spell Rehabilitation.
So the council can ask and you must tell them your full inns and outs, even if they go back decades.


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PostPosted: Fri Jun 25, 2004 2:04 am 
Anonymous wrote:
Please my council says taxi and private hire drivers are exempt from the above act, but I remember reading on here that we are not.

Please who is right?



the council have a right to know, however with spent convictions they cannot act.

councils that say we are exempt need a new set of lawyers.


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PostPosted: Fri Jun 25, 2004 7:15 am 
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Location: Miles away from paradise, not far from hell.
I thought the Home Office changed the rules, because they had to make us exempt to allow us to have Enhanced CRB checks.

Alex

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PostPosted: Fri Jun 25, 2004 8:06 am 
Alex wrote:
I thought the Home Office changed the rules, because they had to make us exempt to allow us to have Enhanced CRB checks.

Alex


you thought wrong,
the home office have to ask parliament to change law, the rehabilitation of offenders act still applies with spent convictions.

by all means consult the transport website, the home office are busy at the moment intefering with the management of Humberside police.


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PostPosted: Fri Jun 25, 2004 2:29 pm 
The Rehabilitation of Offenders Act 1974 lays down when offences are spent.
The role of "Taxi Driver" is exempt from the Rehabilitation act by virtue of the 2002 amendment act s75.

Therefore any conviction/caution etc can be considered irrespective of how long ago it happened.

However an Authority has to carefully take into consideration the nature of the offence and the relevance to carrying out the job of a taxi driver and how long ago it happened along with whether similar offences have occurred.

I would find it unreasonable for a council to refuse a renewal application for very old offences that until now have been considered as spent just because of this change but it does have a serious relevance to new applicants who may find that convictions recieved many years ago are now considered as relevant to there application.


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PostPosted: Fri Jun 25, 2004 6:53 pm 
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Joined: Wed Sep 03, 2003 7:30 pm
Posts: 54020
Location: 1066 Country
Thank you Mr Licensing Officer. :D

The latest list of those that are exempt from the ROA can be found on
http://www.homeoffice.gov.uk/justice/se ... ption.html

But the best bit, and I have mentioned it before is when the Home Office give an interpretation of the meaning of a Taxi Driver.

"taxi driver" means a driver of a hackney carriage vehicle who is required to be licensed by a person pursuant to section 46 of the Town Police Clauses Act 1847 and section 59 of the Local Government (Miscellaneous Provisions) Act 1976 or pursuant to section 8 of the Metropolitan Public Carriage Act 1869, or a driver of a private hire vehicle who is required to be licensed by a person under section 51 of the Local Government (Miscellaneous Provisions) Act 1976 or the Plymouth City Council Act 1975;

Made a southern man well happy. :D :D :D :D :D :D :D :D

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