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 Post subject: Criminal conviction
PostPosted: Thu Jun 07, 2012 1:30 pm 
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Joined: Mon Jun 06, 2011 10:58 pm
Posts: 302
In the following blog the blogger says "there is no legal requirement for him to notify the council" . I thought we all had a legal requirement to inform the council of any accidents/prosecution ????????????????

Taken from rainycityripoff.



Sunday, 3 June 2012
Hungry Harry getz porridge


On the 5th April this year, Harry James Bentley a Manchester Hackney Driver pleaded guilty to conspiring to pervert the course of justice. He was sentenced at Manchester Crown Court on Friday the 11 of May. We cannot confirm the sentence at this time, but because he pleaded guilty, the usual tariff for redirecting fixed penalty notices is 3 months imprisonment. This means he will do 4 weeks and be released on a tag at that time.

One matter of interest is that he renewed his badge in April, when he gets out he can carry on driving until his next renewal. There is no legal requirement for him to notify the Council of his imprisonment until he applies for a new Licence. That might change if anybody from the Local Authority reads this blog. However that’s unlikely, is it not ?.


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 Post subject: Re: Criminal conviction
PostPosted: Thu Jun 07, 2012 1:56 pm 
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We have to inform the council immediatly if we receive either a criminal conviction or a driving conviction.

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 Post subject: Re: Criminal conviction
PostPosted: Thu Jun 07, 2012 4:49 pm 
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Joined: Thu Jun 26, 2008 3:11 pm
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Location: A Villa in Aston NO MORE!
This sounds like 'fit and proper person' in reverse.

So because he's only just relicensed as a HC driver, his misdemeanour won't be counted until he relicenses, or tries to, next April 2013?

At which time presumably, HEY PRESTO, he won't be classed as 'fit and proper' any more?

Dream on!!

:lol: :lol: :lol:

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 Post subject: Re: Criminal conviction
PostPosted: Thu Jun 07, 2012 5:55 pm 
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I can't believe a 'must notify within X number of days of conviction/charge' clause isn't in the driver's by-laws.

If it isn't then someone needs to tell the council, although I suspect someone already has.

In fact don't the police have duty on the enhanced CRB process to tell the council when a license holder is charged with an offence? :?

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 Post subject: Re: Criminal conviction
PostPosted: Thu Jun 07, 2012 7:26 pm 
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Hackney drivers do not have to declare convictions until renewal. Private Hire drivers do. Refer page 21. Para 3.15 of the following.

http://www.oft.gov.uk/shared_oft/reports/comp_policy/oft676annexea.pdf

Wathan VS Neath Port Talbot, Sir Edwin Jowett. was posted on TDO by Alex, a long time ago, however the search facility would not let me find it.


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 Post subject: Re: Criminal conviction
PostPosted: Thu Jun 07, 2012 8:20 pm 
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tom2907 wrote:
Hackney drivers do not have to declare convictions until renewal.

They do if required to do so by Byelaws. PH drivers can have the same requirement imposed by conditions.

I would think that most, if not all LA's have this in their relevant Byelaws and Conditions, but I am not going to check them all.

Plymouth, needless to say, has got them.

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 Post subject: Re: Criminal conviction
PostPosted: Thu Jun 07, 2012 8:44 pm 
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tom2907 wrote:
Hackney drivers do not have to declare convictions until renewal. Private Hire drivers do. Refer page 21. Para 3.15 of the following.

http://www.oft.gov.uk/shared_oft/reports/comp_policy/oft676annexea.pdf

If a council has a bylaw that says a driver must report within 7 days of a conviction/charge then it will get around the Wathan case, as that dealt with councils putting conditions on taxi drivers.

tom2907 wrote:
Wathan VS Neath Port Talbot, Sir Edwin Jowett. was posted on TDO by Alex, a long time ago, however the search facility would not let me find it.

I'm led to believe that when TDO went from phpbb2 to phpbb3 it lost the search funtion for all the phpbb2 stuff.

However a better way to search is by using google site search and putting taxi-driver.co.uk as the site.

So if you wanted to do a search on Wathan on TDO you would simply put site:taxi-driver.co.uk and the word Wathan at the end.

Copy site:taxi-driver.co.uk Wathan into google and then the world is your lobster.

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 Post subject: Re: Criminal conviction
PostPosted: Thu Jun 07, 2012 9:08 pm 
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...and Robert is your relative, once removed.

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 Post subject: Re: Criminal conviction
PostPosted: Thu Jun 07, 2012 9:48 pm 
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Quote:
On the 5th April this year, Harry James Bentley a Manchester Hackney Driver pleaded guilty to conspiring to pervert the course of justice. He was sentenced at Manchester Crown Court on Friday the 11 of May. We cannot confirm the sentence at this time, but because he pleaded guilty, the usual tariff for redirecting fixed penalty notices is 3 months imprisonment. This means he will do 4 weeks and be released on a tag at that time.


Not exactly the crime of the century, for feck sake, get over yourselves. :roll:


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