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Call for drivers with excessive licence points to be banned
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Author:  captain cab [ Thu Jan 05, 2012 6:34 pm ]
Post subject:  Call for drivers with excessive licence points to be banned
Call for taxi drivers with excessive licence points to be banned



A Birmingham City Councillor is urging the courts to dish out driving bans to private hire drivers who stack up as many as 18 points and still keep their licence.

The Birmingham Post revealed last week that potentially deadly drivers are driving around the Midlands after Magistrates allowed them to keep their licences.

Figures released by the Driver and Vehicle Licensing Agency (DVLA) under the Freedom of Information Act revealed that 295 motorists who live in the region with 12 points or more still being allowed behind the wheel – in spite of guidance to courts that only under “exceptional” circumstances should they be allowed to continue.

Two of the drivers have amassed 20 points.

Now Councillor Lynda Clinton (Tyburn) is Labour’s Lead Member on Birmingham City Council’s Licensing Committee, has spoken out about taxi drivers with excessive points.

She said: “I would personally like to see the courts get tough with private hire drivers who accumulate more than 12 points.

“They know when they break the law that their job is at stake. But they claim hardship.

“Members of the public should not, in my opinion, be transported by drivers who have excess points. I certainly would not want my grandchildren driven around by somebody with excess points.

“It is unfair that this minority are allowed to continue driving.

“It is not unusual that I am called to interview private hire drivers (not so often Hackney drivers) who, despite exceeding the maximum points, are allowed to keep their driving licence on the grounds of hardship.

“The courts make these decisions and I, along with colleagues, then have a decision to make as to whether they should keep their Birmingham City Council licence.

“It is very difficult for us because the courts have allowed them to continue driving.

“If we make a decision to suspend or revoke the licence they can appeal, which may be successful and will cost the taxpayer even more money.”

“The number of points that some of these drivers have accumulated are really quite high. We are talking about 14, 16 or even 18 points.

“The laws of the land say they are a danger, so they should be off the road.”

But a spokesman for the Birmingham Private Hire Association said the courts do and should continue to allow some drivers the chance to continue working.

He said: “It is right that a driver who is caught driving without insurance has his DVLA and council licence taken away.

“But if it they are caught a number of times for not wearing seat belts or speeding then I think they should be allowed to continue driving.

“I can tell you that the majority of private hire drivers who are driving now with more than 12 points have had offences totted up and that is why they are allowed to continue driving.

“They drive more than 30,000 miles per year and are not going to have stuck to the 30mph limit the whole time.




“The council targets these private hire drivers to take away their licences, but when it does go to appeal the judges rule in favour of the drivers because they have these bills to pay.

"The judges allow them to continue to drive because they still have to feed their kids and pay their mortgages.”

A spokesman for Birmingham City Council said: “Just because a court allows someone to keep a licence for the sake of their livelihood, it does not necessarily follow that licensing will allow them to keep their licence.

“For example the committee’s policy is that any driver found guilty of plying for hire will automatically face licence suspension action, regardless of whether they are at 12 points or whether a court has said they can keep their DVLA licence, or not.

“Generally where a driver has accumulated more than nine points over a period of time, or committed a single offence attracting a significant number of points (6+) officers can recommend members review the licence.

“The committee also looks at far more issues than just traffic offence history in considering what action to take, for example a driver may have a history of licence offences which don’t necessarily attract points (and therefore applied at court) but add to weight of evidence supporting decision to revoke or suspend the licence.”

Road safety charity Brake spokesman Richard Coteau said: “Drivers who repeatedly flout traffic laws have shown complete disregard for the lives of other road users.

“They have had ample opportunity to desist breaking the law before reaching 12 points and facing disqualification.

“It’s time for the Government to get tough with these selfish, irresponsible and potentially deadly drivers.”

Read More http://www.birminghampost.net/news/
Author:  Sussex [ Thu Jan 05, 2012 7:30 pm ]
Post subject:  Re: Call for drivers with excessive licence points to be ban
Two things, firstly Brake recently made a number of false accusations against the courts in relation to this issue, so they should have learnt their lesson and tried getting their facts right.

Secondly the courts have to follow the law laid down by parliament, remember who won the civil war? In short a person can keep his license if losing it causes exceptional hardship to innocent individuals i.e. family.

Which means a significant % of those with 12 points or more will come from the taxi/PH trade, as if they lose their livelihoods their families often lose their homes.

What councils like Birmingham should be doing is making those drivers, with bundles of points, undertake to do the DSA taxi test, and only allow them to continue work once they have passed and paid for it.
Author:  edders23 [ Thu Jan 05, 2012 7:39 pm ]
Post subject:  Re: Call for drivers with excessive licence points to be ban
We have that here if a driver gets a ban BUT I'm not sure they can legally require it where a ban hasn't been imposed although perhaps if it was made a condition of license that reaching 12 points on the license should automatically require them to take a DSA test another one to suggest to the law commission !
Author:  gusmac [ Thu Jan 05, 2012 7:43 pm ]
Post subject:  Re: Call for drivers with excessive licence points to be ban
Sussex wrote:
In short a person can keep his license if losing it causes exceptional hardship to innocent individuals i.e. family.

How many times can someone claim exceptional hardship? There should be a limit.
Sussex wrote:
What councils like Birmingham should be doing is making those drivers, with bundles of points, undertake to do the DSA taxi test, and only allow them to continue work once they have passed and paid for it.
Perhaps the courts should have the right to insist on this when applying exceptional hardship and allowing the driver to keep his licence?
Author:  grandad [ Thu Jan 05, 2012 7:44 pm ]
Post subject:  Re: Call for drivers with excessive licence points to be ban
gusmac wrote:
How many times can someone claim exceptional hardship? There should be a limit.

I thought it was only once in 3 years.
Author:  gusmac [ Thu Jan 05, 2012 7:48 pm ]
Post subject:  Re: Call for drivers with excessive licence points to be ban
grandad wrote:
gusmac wrote:
How many times can someone claim exceptional hardship? There should be a limit.

I thought it was only once in 3 years.


I don't know, that's why I asked. :D
IMO, once should be sufficent warning for anyone. Period.
Author:  Sussex [ Thu Jan 05, 2012 7:48 pm ]
Post subject:  Re: Call for drivers with excessive licence points to be ban
gusmac wrote:
Sussex wrote:
In short a person can keep his license if losing it causes exceptional hardship to innocent individuals i.e. family.

How many times can someone claim exceptional hardship? There should be a limit.

Once every three years.
Author:  Sussex [ Thu Jan 05, 2012 7:50 pm ]
Post subject:  Re: Call for drivers with excessive licence points to be ban
gusmac wrote:
Sussex wrote:
What councils like Birmingham should be doing is making those drivers, with bundles of points, undertake to do the DSA taxi test, and only allow them to continue work once they have passed and paid for it.
Perhaps the courts should have the right to insist on this when applying exceptional hardship and allowing the driver to keep his licence?

The courts could take that into consideration, but councils have to have that policy first.
Author:  gusmac [ Thu Jan 05, 2012 7:52 pm ]
Post subject:  Re: Call for drivers with excessive licence points to be ban
Sussex wrote:
gusmac wrote:
Sussex wrote:
What councils like Birmingham should be doing is making those drivers, with bundles of points, undertake to do the DSA taxi test, and only allow them to continue work once they have passed and paid for it.
Perhaps the courts should have the right to insist on this when applying exceptional hardship and allowing the driver to keep his licence?

The courts could take that into consideration, but councils have to have that policy first.


Well, as was suggested, this should be looked at. The courts judgement shouldn't be hostage to the council's policy.
Author:  Nidge2 [ Thu Jan 05, 2012 7:56 pm ]
Post subject:  Re: Call for drivers with excessive licence points to be ban
There are cases all over the country where drivers have accrued well above the 12 points and still have their licences. They can claim the exeptional hardship just the once while the points are active then it's goodnight.
Author:  captain cab [ Thu Jan 05, 2012 8:34 pm ]
Post subject:  Re: Call for drivers with excessive licence points to be ban
A big newspaper article over not an awful lot.

CC
Author:  edders23 [ Thu Jan 05, 2012 8:51 pm ]
Post subject:  Re: Call for drivers with excessive licence points to be ban
grandad wrote:
gusmac wrote:
How many times can someone claim exceptional hardship? There should be a limit.

I thought it was only once in 3 years.



It is one of my drivers did that a few years ago he'd reached 9 points then twice in the space of 6 months got caught by camera vans the 2 court cases came up within a month of each other at the first they accepted the hardship plea at the second because he has already been granted keeping his license once he was told that he could not use the hardship plea again and lost his license. since then i think he has managed to keep a clean license with the help of some electronic aids to warn him of cameras !
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