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PostPosted: Fri Apr 27, 2012 8:18 am 
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Darlington taxi driver could lose licence over toilet break



A CABBIE risks losing his licence after answering the call of nature.

Mark Michael Brown had to leave his taxi unattended while he went into a betting shop to use the toilet.

However, his empty vehicle was spotted by eagle-eyed traffic wardens who reported him for breaking Darlington Borough Council by-laws, which state that it is illegal for a taxi to be unattended on a rank.

Now, Mr Brown faces a court appearance and also must appear in front of a council tribunal where he could have his licence taken off him.

Mr Brown said: “I had a bad case of an upset stomach and William Hill’s was the nearest toilet that I could use for free.

“Throughout the course of the day I’d been going in and out of there, but the wardens spotted me going in there with my car unattended.”

He has now been issued with a summons to appear in court on May 9 where he could be fined. After that he will face a council committee where he risks losing his licence.

However, he said that he was the fifth car in a rank which was only designated for three taxis. He added: “Over the years the council has turned a blind eye when there have been more than three vehicles. I was the fifth car and technically I wasn’t on the rank, it hasn’t been repainted and there are no markings, just a sign saying it’s for three cars.”

Mr Brown said the alternative would be for him to lose his place in the rank, pay for somewhere to park and then find a toilet. This was something he was unable to do in his condition.

“At the end of the day they are going against health and safety and also breaching my human rights.”

A council spokeswoman said she could not comment on Mr Brown’s case as it is the subject of court proceedings but she said the situation with the taxi rank in the Market Place was being reviewed.

She added “The council is not the taxi drivers’ employer and, as such, has no legal obligation to provide toilets or other facilities.

“We simply license and regulate the trade.

“Taxi ranks are not parking places for taxis, they are places for working taxis to pick up and drop off passengers.

Any driver who wishes to park and leave their car, for whatever reason, should use a designated public parking place.”

source: http://www.thenorthernecho.co.uk/news/9 ... let_break/

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PostPosted: Fri Apr 27, 2012 8:31 am 
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captain cab wrote:
Mr Brown said: “I had a bad case of an upset stomach and William Hill’s was the nearest toilet that I could use for free.

“Throughout the course of the day I’d been going in and out of there, but the wardens spotted me going in there with my car unattended.”

:roll: :roll:

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PostPosted: Fri Apr 27, 2012 9:41 am 
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If indeed it was true that he was using the toilet and not placing a bet I can understand his problem. We all have the same problems finding a toilet and somewhere to park at the same time. With most toilets closed at night and many being shut down completely what do you do.


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PostPosted: Fri Apr 27, 2012 10:12 am 
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If you have an upset stomach that requires you to use the toilet this frequently, I would sugest that taking the day off would be the right thing to do. What if the next job he gets is a long job?

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PostPosted: Fri Apr 27, 2012 1:43 pm 
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Hope his bet won it will help pay the fine :badgrin:


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PostPosted: Fri Apr 27, 2012 3:27 pm 
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grandad wrote:
If you have an upset stomach that requires you to use the toilet this frequently, I would sugest that taking the day off would be the right thing to do. What if the next job he gets is a long job?



Obviously is such an event he would work out where all the William hills shops were on route.. :D


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PostPosted: Fri Apr 27, 2012 9:36 pm 
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I hope the parking ticket charges him correctly

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PostPosted: Sat Apr 28, 2012 6:28 am 
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can't see him losing his license for that but he'll get a well deserved slap on the wrist for abusing the rank.

We used to have a driver like that round here always on a break in the bookies so I used to nick name him Kitkat he hated that ! Especially when someone gave him an empty kitkat box with a used betting slip in it ! Mind you he didn't get the hint even then and only stopped when his wife left him

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PostPosted: Sat Apr 28, 2012 9:37 am 
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Shouldn't park on a rank simple as that. As for having the trots may I suggest carrying some Bisto in the car with him. It helps thicken it up a little.


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PostPosted: Thu May 10, 2012 9:21 am 
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Darlington toilet break taxi driver's anger over £25 fine


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A TAXI driver who left his vehicle unattended while on a toilet break has criticised council officials for prosecuting him after he was fined £25 by magistrates.

Mark Michael Brown said the level of fine was disproportionate to the stress he had been put under by Darlington Borough Council, which could still suspend or remove his licence.

Mr Brown, 37, was reported by traffic wardens after they saw his empty cab on the East Row rank, in Darlington, while he used the toilet in a nearby betting shop, on January 14.

Appearing before Darlington magistrates yesterday, he admitted leaving a licensed hackney cab unattended on a rank, but said he had no choice because of a stomach condition which can cause him to need a toilet at short notice.

The court heard Mr Brown’s taxi was seen unattended for 11 minutes on the rank by a traffic warden, who later saw the cab driver leave the William Hill betting shop.

Amy Wennington, prosecuting on behalf of the borough council, said: “In an interview with licensing officers, Mr Brown said that he had entered the betting shop, but had done so to use the toilet.


“On that occasion I was desperate for the toilet. I do admit that I left it on the rank but when you’ve got to go, you’ve got to go.”

“He admitted that he knew leaving his taxi unattended was an offence. He has previously received two warnings for leaving his vehicle unattended.”

Giving evidence, Mr Brown told magistrates that he suffered from irritable bowel syndrome and produced letters from his doctor and two members of staff from the betting shop to back up his claims.

He said: “On that occasion I was desperate for the toilet. I do admit that I left it on the rank but when you’ve got to go, you’ve got to go.”

Speaking after he was fined £25, with a £15 victim surcharge, Mr Brown said: “I’ve had months of stress for a £25 charge. I will now have to go before a committee who could decide to take my licence from me.

“It’s not just me that’s affected by this, all the drivers struggle to go to the toilet or get something to eat because of these rules.”

A Darlington Borough Council spokeswoman said: “Prosecution is often the last resort after following a process of talking to people and issuing a series of written warnings.

“By leaving vehicles unattended on a taxi rank, taxi drivers are hindering other drivers as they cannot access the rank. An efficient working rank benefits taxi drivers and the public alike and we take any breaches of legislation seriously.”

The court decided not to award any costs against Mr Brown.

http://www.thenorthernecho.co.uk/news/l ... of_nature/

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