Taken from rainycityripoff
Thursday, 22 March 2012
Manchester Evening News 22 March.
Another Cab bashing story in the Manchester Evening News.
Another stupid statement from Hulmes, Mr Bean, Councillor Murphy.
Brian Gaskell and girlfriend Vanessa Daley were snubbed by taxi driver Winstion Bourne (right) in Manchester city centre who refused to take the couple because Brian was in a wheelchair A cabbie could lose his taxi licence after refusing to take a passenger because he was in a wheelchair. Winston Bourne, of Gorston Walk, Wythenshawe, was waiting in his black cab in the city centre when he was approached by Brian Gaskell and girlfriend Vanessa Daley. Former mechanic Brian, 47, was left permanently paralysed after a severe stroke last year. But Bourne, 57, refused to let him in the taxi – despite having the special ramps and fittings necessary to carry a wheelchair. Brian and Vanessa were able to get in the taxi behind Bourne’s but took the details of his cab and complained to Manchester council. Bourne was asked to explain himself by council officers and invited to interview under caution. But he failed to turn up and did not respond to reminder letters. He eventually came forward after being issued with a court summons and claimed he was unable to accept the couple because he had a bad back. Bourne was found guilty of a ‘refusal to hire’ charge at Manchester magistrates court and was fined £100 and ordered to pay £350 costs plus a £15 victim surcharge. Bourne will also have to attend a licensing review hearing where he could lose his licence. Brian said: "I felt humiliated and degraded. "It’s been very frustrating since I had the stroke and this has just made me more wary of going out in my wheelchair. "We had been shopping, I felt a bit rough and it was raining. "I asked him will you give us a taxi and he just said No. I thought he was joking – I’ve never been refused one before. "I kept thinking he was going to get out but then he said ‘there’s no point sitting there you may as well get another one’." Coun Nigel Murphy, executive member for the environment, said: "Every licensed black cab operating in Manchester is designed and adapted to ensure they are accessible for wheelchair users and drivers are expected to help their passengers when and where necessary. "There is no excuse for not accepting a disabled passenger and we would urge other people who feel they have been discriminated against in this way to make a note of the vehicle registration number and contact the council on 0161 234 5004."
Read more at:
http://menmedia.co.uk/manchesterevening ... -passengerWell Councillor, perhaps you should read the Disability Discrimination Act 1995,
Section 32
(6)In any proceedings for an offence under this section, it is a defence for the accused to show that, even though at the time of the alleged offence the taxi conformed with those provisions of the taxi accessibility regulations with which it was required to conform, it would not have been possible for the wheelchair in question to be carried in safety in the taxi.
OR perhaps you can read this:
The Management of Health and Safety at Work Regulations 1999
Risk assessment
3.—(1) Every employer shall make a suitable and sufficient assessment of—
(a)the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
(b)the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,
for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997.
(2) Every self-employed person shall make a suitable and sufficient assessment of—
(a)the risks to his own health and safety to which he is exposed whilst he is at work; and
(b)the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,
Or If you cannot be bothered, even though you threaten to take an old man’s livelihood away, consult your own Licensing officer Ann Marku. Marku was asked last year by a concerned trade rep, who saw Driver injuries increasing, what if any assessment of injury’s were carried out by the Licensing Unit. She says:
Ann Marku. Licensing Officer Manchester City Council. December 2011.
The City Council does not, therefore, have the duty to risk assess such activities.
The duty will lie, depending on the circumstances, with either the proprietor of the vehicle or the driver (if self-employed).
For example, if someone employs you to drive a hackney carriage it is their responsibility under regulation 3(1) of the Regulations to ensure that they have undertaken a suitable and sufficient risk assessment of the risks to health and safety of both yourself (as employee) and the wheelchair user (as a person not in their employment).
This is because the carrying of the wheelchair and its user is an activity, which arises out of or in connection with their undertaking as a hackney carriage proprietor.
I honestly hope you take away Mr Bournes livelihood. I know that may sound selfish, but, it is the only thing that may unite the trade. A man of his age loosing his livelihood will at least give us a chance to get a legally aid funded hearing in the Crown Court, that will ventilate the problems we have with Manchester’s ineptitude.
In the meantime, Graham Stringer, please come back all is forgiven.
You at least would not let these lunatics rule the Asylum.
Posted by Biggles at Thursday, March 22, 2012
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