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PostPosted: Fri Dec 24, 2010 2:09 pm 
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To:

Donald McLeod
Council Solicitor - Licensing
City of Edinburgh Council

Dear Mr Macleod

RE:- Taxi driver's licensing conditions

I would be grateful if you would forward to me a copy of the Equalities Impact Assessment the council conducted in respect of the licensing conditions for taxi drivers.

Thank you for yor assistance with this matter.

Regards

Jim Taylor

**************************

142
The driver of a taxi shall not obstruct the Authorised Officer in the performance of any of the Authorised Officer’s duties under these conditions.
143
The driver of a taxi shall comply with all the instructions or directions of the Authorised Officer in relation to these conditions and shall give all information reasonably required in the discharge of the duties of the Authorised Officer.


Given that these conditions appear to claim to allow any non-licensing related incidents involving taxi drivers to be treated differently to regular members o the public, an inherent discrimination prohibited under Human Rights, it will be interesting to see what consideration the council has given to this.

The interesting thing here is that if any other member of the public had been involved in this alleged incident, he would have been reported to the police who would have investigated, satisfied themselves that it was an unfounded, unsubstantiated, uncorroborated, vexatious and malicious claim, and binned it.

But because the object of "complaint" was a taxi driver this alleged matter was treated in a wholly different way.

How can this be compatible with Human Rights and an individual's inherent right to be equal before the Law.

The EIA will hopefully throw some light on this.

We should thank our hapless "cab" inspector, because we are now going to insist on a thorough legal examination of the licensing conditions in acordance with human rights.

Smith's rush of blood to what passes for his head has opened a can of worms.




:wink:

_________________
Skull, "You are a police inspector, aren't you?"
Cab Inspector Smith, "Yes."
Skull, "So, are you going to tell Mr Taylor what his rights are?"
Smith, "And ... What rights?"


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PostPosted: Fri Dec 24, 2010 4:22 pm 
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Quote:
The interesting thing here is that if any other member of the public had been involved in this alleged incident, he would have been reported to the police who would have investigated, satisfied themselves that it was an unfounded, unsubstantiated, uncorroborated, vexatious and malicious claim, and binned it.


Would the police not have requested an interview with the member of public that was allegedly involved as part of the said investigation?

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PostPosted: Fri Dec 24, 2010 6:11 pm 
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toots wrote:
Quote:
The interesting thing here is that if any other member of the public had been involved in this alleged incident, he would have been reported to the police who would have investigated, satisfied themselves that it was an unfounded, unsubstantiated, uncorroborated, vexatious and malicious claim, and binned it.


Would the police not have requested an interview with the member of public that was allegedly involved as part of the said investigation?


Without a written complaint, the cops would not investigate IMHO

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PostPosted: Fri Dec 24, 2010 7:17 pm 
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gusmac wrote:
toots wrote:
Quote:
The interesting thing here is that if any other member of the public had been involved in this alleged incident, he would have been reported to the police who would have investigated, satisfied themselves that it was an unfounded, unsubstantiated, uncorroborated, vexatious and malicious claim, and binned it.


Would the police not have requested an interview with the member of public that was allegedly involved as part of the said investigation?


Without a written complaint, the cops would not investigate IMHO


I don't think our LO investigate if it's not a written complaint tbh. That's probably why so many drivers get away with so much and passengers spend their time complaining to other drivers

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PostPosted: Fri Dec 24, 2010 11:18 pm 
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toots wrote:
I don't think our LO investigate if it's not a written complaint tbh. That's probably why so many drivers get away with so much and passengers spend their time complaining to other drivers


Ours would.....a verbal complaint can be enough here.

CC

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PostPosted: Fri Dec 24, 2010 11:49 pm 
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captain cab wrote:
toots wrote:
I don't think our LO investigate if it's not a written complaint tbh. That's probably why so many drivers get away with so much and passengers spend their time complaining to other drivers


Ours would.....a verbal complaint can be enough here.

CC


I think here if a verbal complaint is made they then send out a form to be filled in and returned but I couldn't be sure tbh

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PostPosted: Sat Dec 25, 2010 12:10 am 
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You have RIGHTS CC, and it is up to you to exercise those RIGHTS. If the council or the police are not protecting your RIGHTS at any stage of their investigations, they are in breach of your RIGHTS.

Swannee posted the licensing conditions below:

Compliance with Authorised Officer
142
The driver of a taxi shall not obstruct the Authorised Officer in the performance of any of the Authorised Officer’s duties under these conditions.
143
The driver of a taxi shall comply with all the instructions or directions of the Authorised Officer in relation to these conditions and shall give all information reasonably required in the discharge of the duties of the Authorised Officer.

As long as I am exercising my RIGHTS, and in my case, the right to remain silent. I cannot be obstructing and Authorised Officer in the performance of his duties. It is my RIGHT not to speak to frivolous, malicious, unfounded, unsubstantiated allegations.

Frank Smith has so far breached my RIGHTS, on more than one occasion. And to see how the council handles this situation will be interesting to say the least.

I will take my chances :wink:

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PostPosted: Sat Dec 25, 2010 12:10 am 
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toots wrote:
captain cab wrote:
toots wrote:
I don't think our LO investigate if it's not a written complaint tbh. That's probably why so many drivers get away with so much and passengers spend their time complaining to other drivers


Ours would.....a verbal complaint can be enough here.

CC


I think here if a verbal complaint is made they then send out a form to be filled in and returned but I couldn't be sure tbh


Ours are normally crucified by 4pm.

CC

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PostPosted: Sat Dec 25, 2010 3:45 am 
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captain cab wrote:
toots wrote:
captain cab wrote:
toots wrote:
I don't think our LO investigate if it's not a written complaint tbh. That's probably why so many drivers get away with so much and passengers spend their time complaining to other drivers


Ours would.....a verbal complaint can be enough here.

CC


I think here if a verbal complaint is made they then send out a form to be filled in and returned but I couldn't be sure tbh


Ours are normally crucified by 4pm.

CC


So, what are doing about it?

_________________
Skull, "You are a police inspector, aren't you?"
Cab Inspector Smith, "Yes."
Skull, "So, are you going to tell Mr Taylor what his rights are?"
Smith, "And ... What rights?"


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PostPosted: Sat Dec 25, 2010 11:50 am 
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Jasbar wrote:
So, what are doing about it?


Depends if they're members :wink:

CC

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PostPosted: Sun Dec 26, 2010 2:11 pm 
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captain cab wrote:
Jasbar wrote:
So, what are doing about it?


Depends if they're members :wink:

CC


So, you mean nothing then.

_________________
Skull, "You are a police inspector, aren't you?"
Cab Inspector Smith, "Yes."
Skull, "So, are you going to tell Mr Taylor what his rights are?"
Smith, "And ... What rights?"


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 Post subject: Donald's response
PostPosted: Sun Dec 26, 2010 2:22 pm 
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Donbald Macleod's response.

Dear Mr Taylor,

Thank you for your e-mail of 24th December.

Taxi driver conditions were last subjected to a major review in June 2006. A meeting of the full Council on 1st June 2006 considered a report from independent consultants, Colin Buchanan, dated December 2005. A copy of the various reports and minutes can be searched for on http://cponline.edinburgh.gov.uk/Link/index.html. I am unaware of whether the requirements to consider disability etc discrimination elements were carried out at that time. However, I understand that the relevant provisions did not come into effect until 4th December 2006, ie after the date of the review.

As previously advised,however, the Equality Act 2010 has amended and extended the Council's duties in this area and there is a commitment to ensure that all of the Council's activities are compliant with the 2010 Act. My understanding is that it is the responsibility of each Service within the Council to ensure that their policies and procedures comply with the 2010 Act. To date, no Equality Impact Assessment has been carried out on taxi driver conditions. Assessments can take place when policies are being reviewed, but they can take place at any time. I will consult with lead officer foe Equalities within Corporate Services to see if he can advise me on the department's position as regards policy reviews and will revert to you.

In the meantime, can I ask if there is any particular part of the Council's taxi driver conditions which you consider may be causing difficulties with factors covered by the Equalities Act, namely, age, disability, gender -reassignment, marriage and civil partnership, race, religion or belief, sex, or sexual orientation?

Merry Christmas.

Regards

_________________
Skull, "You are a police inspector, aren't you?"
Cab Inspector Smith, "Yes."
Skull, "So, are you going to tell Mr Taylor what his rights are?"
Smith, "And ... What rights?"


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 Post subject: Re: Donald's response
PostPosted: Sun Dec 26, 2010 2:23 pm 
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Jasbar wrote:
"To date, no Equality Impact Assessment has been carried out on taxi driver conditions."

Donald Macleod
Council Solicitor


There you have it then.

Very interesting.

:wink:

_________________
Skull, "You are a police inspector, aren't you?"
Cab Inspector Smith, "Yes."
Skull, "So, are you going to tell Mr Taylor what his rights are?"
Smith, "And ... What rights?"


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PostPosted: Sun Dec 26, 2010 2:24 pm 
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Location: Midlands
Jasbar wrote:
To:

Donald McLeod
Council Solicitor - Licensing
City of Edinburgh Council

Dear Mr Macleod

RE:- Taxi driver's licensing conditions

I would be grateful if you would forward to me a copy of the Equalities Impact Assessment the council conducted in respect of the licensing conditions for taxi drivers.

Thank you for yor assistance with this matter.

Regards

Jim Taylor

**************************

142
The driver of a taxi shall not obstruct the Authorised Officer in the performance of any of the Authorised Officer’s duties under these conditions.
143
The driver of a taxi shall comply with all the instructions or directions of the Authorised Officer in relation to these conditions and shall give all information reasonably required in the discharge of the duties of the Authorised Officer.


Given that these conditions appear to claim to allow any non-licensing related incidents involving taxi drivers to be treated differently to regular members o the public, an inherent discrimination prohibited under Human Rights, it will be interesting to see what consideration the council has given to this.

The interesting thing here is that if any other member of the public had been involved in this alleged incident, he would have been reported to the police who would have investigated, satisfied themselves that it was an unfounded, unsubstantiated, uncorroborated, vexatious and malicious claim, and binned it.

But because the object of "complaint" was a taxi driver this alleged matter was treated in a wholly different way.

How can this be compatible with Human Rights and an individual's inherent right to be equal before the Law.

The EIA will hopefully throw some light on this.

We should thank our hapless "cab" inspector, because we are now going to insist on a thorough legal examination of the licensing conditions in acordance with human rights.

Smith's rush of blood to what passes for his head has opened a can of worms.




:wink:


It's Christmas get a life you sad tvvat.

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PostPosted: Sun Dec 26, 2010 2:29 pm 
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Posts: 2665
No it's not. It's Boxing Day numpty. And anyway, why are you on here then?

The world goes on, people are still living and dying.

Now go stuff your face you Turkey and make good manners your New Year's resolution.

:lol:

_________________
Skull, "You are a police inspector, aren't you?"
Cab Inspector Smith, "Yes."
Skull, "So, are you going to tell Mr Taylor what his rights are?"
Smith, "And ... What rights?"


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