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PostPosted: Mon Jul 28, 2014 4:13 pm 
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Taxi driver failed to secure passenger in wheelchair


A Peterborough taxi driver faces losing his licence after failing to secure an 89-year-old passenger in a wheelchair before overcharging them on a journey.


Malik Abid Hussain (43), of Reeves Way, Peterborough, appeared before Peterborough Magistrates’ Court on Thursday July 24 and pleaded not guilty to the charge of failing to safely load, restrain and transport a wheelchair passenger. He also pleaded not guilty to failing to use his meter, which resulted in the customer being overcharged, but was found guilty at a trial.

The court heard that on October 8 last year Hussain used his Hackney carriage to pick up two passengers to go from a doctors’ surgery to a care home.

The 89-year-old wheelchair passenger was accompanied by his daughter.

The incident came to light when the daughter contacted the city council to confirm the correct procedure for loading a wheelchair. An investigation carried out by the city council’s licensing team came to the conclusion that Hussain had failed in his duty as a professional driver by not putting the wheelchair into the correct safe travelling position.

During the journey the daughter was forced to place her foot under the wheel of the chair to stop it from moving. In addition, although a fixed price had been given for the journey, the meter should have been used as per legislation and licensing conditions. Failure to use the meter resulted in the customer being overcharged.

Despite his not guilty pleas, Hussain was found guilty by the magistrates. He was fined £800 and ordered to pay £500 costs and an £80 victim surcharge.

John Goodwin, lead officer in the investigation for Peterborough City Council’s taxi enforcement team, said: “All taxi drivers licensed by the council have a duty of care towards all their passengers. To treat a wheelchair user in this way endangered both passengers in the vehicle at the time. To further compound the matter they were then overcharged for this service. “We welcome the result and hope it serves as a reminder to all licensed taxi drivers that the protection of the travelling public is of paramount importance, and we will continue to deal severely with drivers who we believe are not fit and proper to transport members of the public.”

A decision will now be made concerning Hussain’s Hackney carriage drivers licence.

source: http://www.peterboroughtoday.co.uk/news ... -1-6204321

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PostPosted: Mon Jul 28, 2014 4:21 pm 
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Obviously one of the bad guys who take advantage and overcharge passengers, on that part of his conviction I do not have a problem. However where does it mention that he had adequate disabled/wheelchair training, prior to be issued/allowed to use a WAV?

Unless there is proof of that, then I feel that he has grounds for appeal on an unsafe conviction.

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PostPosted: Mon Jul 28, 2014 4:39 pm 
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This is almost exactly the same as a situation here. The driver has been reported 3 times for failing to secure a wheelchair. The council say that he does know how to secure it properly. The last incident was reported by another taxi driver who was using this chap because her son was in a wheelchair following an operation on his legs. They were being taken home from the doctors and she said that she had to use her foot to stop the wheelchair from moving and she was charged double the usual fare with no meter being used.
Our council have refused to look at it through lack of evidence.
I have pointed out to them that there have been at least 3 reported incidents and sooner or later someone will be injured or worse.
I wonder what the courts will make of it when they are told of all the incidents.

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PostPosted: Mon Jul 28, 2014 4:42 pm 
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grandad wrote:
This is almost exactly the same as a situation here. The driver has been reported 3 times for failing to secure a wheelchair. The council say that he does know how to secure it properly. The last incident was reported by another taxi driver who was using this chap because her son was in a wheelchair following an operation on his legs. They were being taken home from the doctors and she said that she had to use her foot to stop the wheelchair from moving and she was charged double the usual fare with no meter being used.
Our council have refused to look at it through lack of evidence.
I have pointed out to them that there have been at least 3 reported incidents and sooner or later someone will be injured or worse.
I wonder what the courts will make of it when they are told of all the incidents.


drivers have been suspended here on the sole basis of a customer complaint - your council is f*cking shocking mate.

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PostPosted: Mon Jul 28, 2014 4:45 pm 
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captain cab wrote:
grandad wrote:
This is almost exactly the same as a situation here. The driver has been reported 3 times for failing to secure a wheelchair. The council say that he does know how to secure it properly. The last incident was reported by another taxi driver who was using this chap because her son was in a wheelchair following an operation on his legs. They were being taken home from the doctors and she said that she had to use her foot to stop the wheelchair from moving and she was charged double the usual fare with no meter being used.
Our council have refused to look at it through lack of evidence.
I have pointed out to them that there have been at least 3 reported incidents and sooner or later someone will be injured or worse.
I wonder what the courts will make of it when they are told of all the incidents.


drivers have been suspended here on the sole basis of a customer complaint - your council is f*cking shocking mate.

Tell me about it. one of my vehicles was recently given 7 days notice of suspension because it had a scratch on the bumper. I told the council that it takes longer than 7 days to get a vehicle through a bodyshop, especially when the delayed suspension was given on a Friday. :roll:

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PostPosted: Mon Jul 28, 2014 8:28 pm 
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It was a fixed fare, the punter knew exactly what she would be charged before she got in the motor.

Q1. Why did she get in the cab?

She knew the wheelchair wasn't strapped in properly at the start, or soon after.

Q2. Why didn't she ask the driver to stop and strap in the wheelchair, or stop and let her and her dad out?

The driver is a pillock, but the daughter ain't much better IMO.

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PostPosted: Mon Jul 28, 2014 9:00 pm 
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Sussex wrote:
It was a fixed fare, the punter knew exactly what she would be charged before she got in the motor.

Q1. Why did she get in the cab?

She knew the wheelchair wasn't strapped in properly at the start, or soon after.

Q2. Why didn't she ask the driver to stop and strap in the wheelchair, or stop and let her and her dad out?

The driver is a pillock, but the daughter ain't much better IMO.

Can a hackney charge more than the fare would meter for a job within the district?

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PostPosted: Mon Jul 28, 2014 9:00 pm 
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grandad wrote:
Sussex wrote:
It was a fixed fare, the punter knew exactly what she would be charged before she got in the motor.

Q1. Why did she get in the cab?

She knew the wheelchair wasn't strapped in properly at the start, or soon after.

Q2. Why didn't she ask the driver to stop and strap in the wheelchair, or stop and let her and her dad out?

The driver is a pillock, but the daughter ain't much better IMO.

Can a hackney charge more than the fare would meter for a job within the district?


nope

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PostPosted: Tue Jul 29, 2014 7:04 am 
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grandad wrote:
Can a hackney charge more than the fare would meter for a job within the district?

No, but she still knew what she was going to be charged.

What we read many times on here are drivers that don't put the meter on and mug off punters with crazy high prices, this chap was up front with the price, the punter got in and away they went.

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PostPosted: Tue Jul 29, 2014 7:39 am 
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Sussex wrote:
grandad wrote:
Can a hackney charge more than the fare would meter for a job within the district?

No, but she still knew what she was going to be charged.

What we read many times on here are drivers that don't put the meter on and mug off punters with crazy high prices, this chap was up front with the price, the punter got in and away they went.

That doesn't make it right though. Maybe they didn't realise that the price was high at the time. Maybe they were just desperate to get home.

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PostPosted: Tue Jul 29, 2014 7:47 am 
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the driver could also have been charged under the various Disability Equality laws by charging a disabled person more than an able-bodied person.

On the issue of strapping things in, I've had a similar problem with one of my historic buses the other week when a passenger on a wedding job insisted his collapsible buggy wouldn't fold down and that it be left on the open rear platform of a Routemaster bus!! He didn't give a damn about the safety of other passengers on the bus or whoever passing by may have been hit as the buggy rolled off the platform! :evil:


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PostPosted: Tue Jul 29, 2014 8:55 am 
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roythebus wrote:
the driver could also have been charged under the various Disability Equality laws by charging a disabled person more than an able-bodied person.

On the issue of strapping things in, I've had a similar problem with one of my historic buses the other week when a passenger on a wedding job insisted his collapsible buggy wouldn't fold down and that it be left on the open rear platform of a Routemaster bus!! He didn't give a damn about the safety of other passengers on the bus or whoever passing by may have been hit as the buggy rolled off the platform! :evil:

Did they also want to leave the kiddie in the buggy? =D> =D>

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PostPosted: Tue Jul 29, 2014 9:28 am 
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Trouble is this council states it is drivers duty to make sure the wheel chair is secure,and quite rightly, But do any council offer training and is there any test to check a driver knows how to secure a wheel chair correctly.before they can drive a WAV ? i doubt it.
The over pricing issue is all to common but I dont think is the main problem in this case.


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PostPosted: Tue Jul 29, 2014 10:20 am 
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no tips wrote:
Trouble is this council states it is drivers duty to make sure the wheel chair is secure,and quite rightly, But do any council offer training and is there any test to check a driver knows how to secure a wheel chair correctly.before they can drive a WAV ? i doubt it.
The over pricing issue is all to common but I dont think is the main problem in this case.


Cardiff is mandatory.

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PostPosted: Tue Jul 29, 2014 3:28 pm 
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grandad wrote:
roythebus wrote:
the driver could also have been charged under the various Disability Equality laws by charging a disabled person more than an able-bodied person.

On the issue of strapping things in, I've had a similar problem with one of my historic buses the other week when a passenger on a wedding job insisted his collapsible buggy wouldn't fold down and that it be left on the open rear platform of a Routemaster bus!! He didn't give a damn about the safety of other passengers on the bus or whoever passing by may have been hit as the buggy rolled off the platform! :evil:

Did they also want to leave the kiddie in the buggy? =D> =D>
Of course.... :shock:


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