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| York "taxi" drivers flout smoking ban http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=10088 |
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| Author: | captain cab [ Thu Nov 27, 2008 2:16 pm ] |
| Post subject: | York "taxi" drivers flout smoking ban |
York "taxi" drivers flout smoking ban PRIVATE hire vehicle drivers have continued to flout the smoking ban by lighting up in the cars they use for work, City of York Council has revealed. A report by council officers says that since July 1 this year the authority has issued four £50 fixed penalty notices (FPNs) to as many private hire drivers for smoking in their vehicles. During the period July 1 last year – when the legislation outlawing lighting up in public places was introduced – to June 30, the council handed out seven £50 fines to private hire drivers for smoking tobacco inside the vehicles they used for work. Barry Hamer, chairman of York Private Hire Association, which represents private hire vehicle drivers, today said he was disappointed that drivers continued to flout the law. “This is the law,” he said. “It’s not asking people – it’s the law that they can’t do it. “It isn’t a matter of where you work – they have to realise the vehicle is a working office. “I just don’t understand why they want to carry on ignoring it, knowing that the trade is hard, I can’t understand why they want to pay a fine when they work so hard for the money. It’s hard work out here now – it’s harder to work than when I first started. Why do they want to do that?” He said drivers who continued to flout the law could only expect the penalties they were given. The Press revealed in May how, since the smoking ban kicked in, the council had issued five FPNs of £50 to drivers of hackney carriages for smoking in their vehicles, which the law classes as places of work. The council said it fully investigated any allegations of breaching the ban. It said if members of the public wished to report any breaches of the smoke-free legislation, they could phone the authority on 01904 551525. |
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| Author: | captain cab [ Thu Nov 27, 2008 2:18 pm ] |
| Post subject: | Re: York "taxi" drivers flout smoking ban |
captain cab wrote: The council said it fully investigated any allegations of breaching the ban. It said if members of the public wished to report any breaches of the smoke-free legislation, they could phone the authority on 01904 551525. Lets hope this new found attitude with investigating allegations expands towards PH illegally plying 
CC |
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| Author: | bloodnock [ Thu Nov 27, 2008 2:22 pm ] |
| Post subject: | |
Quote: “This is the law,” he said. “It’s not asking people – it’s the law that they can’t do it.
Of course they can do it...all day long if they want..its just that if they are caught they get fined
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| Author: | gusmac [ Thu Nov 27, 2008 2:44 pm ] |
| Post subject: | Re: York "taxi" drivers flout smoking ban |
captain cab wrote: captain cab wrote: The council said it fully investigated any allegations of breaching the ban. It said if members of the public wished to report any breaches of the smoke-free legislation, they could phone the authority on 01904 551525. Lets hope this new found attitude with investigating allegations expands towards PH illegally plying CC Not likely. Council thinking doesn't care if your family starves or ends up homeless because your work has been stolen, just so long as you don't subject yourself to your own passive smoke in your own vehicle 
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| Author: | agabbycabbie [ Thu Nov 27, 2008 3:31 pm ] |
| Post subject: | Smoking in taxis PHVs |
I would like to apologise for being guilty of smoking in my PHV in York, but i wont ha. Doesn't an enforcement officer need photographic evidence to be able to issue you with a fine? Also only 11 drivers in 16 months not really a good capture rate is it, i see more in a day than what they have caught. |
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| Author: | captain cab [ Thu Nov 27, 2008 3:56 pm ] |
| Post subject: | Re: Smoking in taxis PHVs |
agabbycabbie wrote: I would like to apologise for being guilty of smoking in my PHV in York, but i wont ha.
Doesn't an enforcement officer need photographic evidence to be able to issue you with a fine? Also only 11 drivers in 16 months not really a good capture rate is it, i see more in a day than what they have caught. Strange one this because I would wager if the LO reported you, you wouldnt get a fine for the reasons you point out. However, I would wager you could be brought in front of a committee. CC |
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| Author: | bloodnock [ Thu Nov 27, 2008 3:58 pm ] |
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Ive a quick question....As Ive little or no sense of smell and whilst driving I tend to look forwards (I find its best to do so)..what happens if Unbeknown to me a passenger lights up his cigarette and i get hauled over by the Baccy stasi....who gets Charged, the punter or me????. Add to that and as far as I know tha here in scotland you would need to council Officials to witness the incident happen before they could press charges...whats the Odds on being charged full stop.?? |
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| Author: | captain cab [ Thu Nov 27, 2008 4:07 pm ] |
| Post subject: | |
bloodnock wrote: Ive a quick question....As Ive little or no sense of smell and whilst driving I tend to look forwards (I find its best to do so)..what happens if Unbeknown to me a passenger lights up his cigarette and i get hauled over by the Baccy stasi....who gets Charged, the punter or me????.
Add to that and as far as I know tha here in scotland you would need to council Officials to witness the incident happen before they could press charges...whats the Odds on being charged full stop.?? The way I read the act, you would have to ask the punter to put out the cigarette, if he refuses then you can perhaps fine them 
CC |
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| Author: | Ears1096 [ Thu Nov 27, 2008 4:41 pm ] |
| Post subject: | |
As far as I am aware, no photographic evidence is needed. All a court needs is a Criminal Justice Act Section 9 statement from the person who witnessed the event, same as for any offence. |
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| Author: | grandad [ Thu Nov 27, 2008 5:35 pm ] |
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bloodnock wrote: Ive a quick question....As Ive little or no sense of smell and whilst driving I tend to look forwards (I find its best to do so)..what happens if Unbeknown to me a passenger lights up his cigarette and i get hauled over by the Baccy stasi....who gets Charged, the punter or me????.
The punter would get a £50 fine and you would get a much bigger fine for letting the punter smoke. You poor sense of smell would probably not help you. |
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| Author: | captain cab [ Thu Nov 27, 2008 5:39 pm ] |
| Post subject: | |
http://www.smokingbanisshit.co.uk/ |
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| Author: | Sussex [ Thu Nov 27, 2008 6:06 pm ] |
| Post subject: | Re: Smoking in taxis PHVs |
agabbycabbie wrote: Doesn't an enforcement officer need photographic evidence to be able to issue you with a fine?
No. Which is why I can't understand why I see more and more taxi/PH drivers smoking in their licensed vehicles. 
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| Author: | captain cab [ Thu Nov 27, 2008 6:16 pm ] |
| Post subject: | Re: Smoking in taxis PHVs |
Sussex wrote: No.
Does that mean I was right?
CC |
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| Author: | toots [ Thu Nov 27, 2008 11:12 pm ] |
| Post subject: | Re: York "taxi" drivers flout smoking ban |
captain cab wrote: captain cab wrote: The council said it fully investigated any allegations of breaching the ban. It said if members of the public wished to report any breaches of the smoke-free legislation, they could phone the authority on 01904 551525. Lets hope this new found attitude with investigating allegations expands towards PH illegally plying CC Don't you HC's drivers get sore arms spending all that time polishing your halos 
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| Author: | captain cab [ Thu Nov 27, 2008 11:15 pm ] |
| Post subject: | Re: York "taxi" drivers flout smoking ban |
toots wrote: Don't you HC's drivers get sore arms spending all that time polishing your halos Obviously. But the fact that a good number of HC were originally PH does help in that department though
CC |
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