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| Taxi driver wins right to carry on working after landmark http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=27948 |
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| Author: | captain cab [ Thu Nov 05, 2015 12:07 pm ] |
| Post subject: | Taxi driver wins right to carry on working after landmark |
Taxi driver wins right to carry on working after landmark court case A BRIGHTON taxi driver whose licence was revoked after a hit-and-run has won the right to work behind the wheel again in a landmark ruling. The High Court ruled that Brighton and Hove City Council had been wrong to revoke Mehrdad Kaivanpor's licence after he was fined £650 for knocking a woman off her bike last year. The decision overturned legal precedent, and now councils across England and Wales will have to prove drivers are unfit to hold a licence, rather than drivers having to prove they are “fit and proper persons” in such cases. But cycling groups said driving is not a human right and warned that licensing the wrong people could lead to more road accidents. Mr Kaivanpor collided with the bicycle of Robyn Gargan, a 20-year-old hairdresser, near Harrington Road in Brighton on May 2 last year. He stopped his car but did not get out, only contacting the police an hour afterwards. At the time, Ms Gargan said: “He must have known what happened. He knocked a 19-year-old girl off her bike yet he just drove off. “I am not happy knowing he is still out there. Of all people, you would expect a taxi driver to stop – I could have been dead.” She said she was “covered in bruises” and suffered headaches and back pain after the collision. Mr Kaivanpor’s licence was revoked after his arrest. At his trial in October of last year he received nine points on his licence and fines totalling over £900 after admitting failing to stop and was found guilty of careless driving. At the same hearing his appeal over his licence was denied because he could not prove he was a fit and proper person to hold one. Last Wednesday the case reached the High Court, where Lord Justice Beatson and Mr Justice Wilkie ruled that it is for Brighton and Hove City Council to demonstrate why Mr Kaivanpor should not have his licence reinstated, in a case such as this. David Lewis-Hall, barrister for the cabbie, said: “If the council are interfering with your right to earn a living, then surely it must be right for them to justify their interference.” “This is an important ruling as it means that taxi drivers start from a position of innocence in the eyes of the court - rather than having to prove they are 'not guilty'. "This is an important point from a natural justice and human rights angle.” John Streeter, Vice Chairman at Brighton & Hove Streamline Taxis, said: “We couldn’t have asked for a better result. “Since I began in 2003, procedures have never been in place to safeguard taxi drivers, and this was wrong.” But Becky Reynolds, head of campaigns for Brighton cycling group Bricycles, was concerned where the new law could lead. She said: “We really need to be very strict about who we licence. Licensing the wrong people could lead to more death and injury on our roads.” source: http://www.theargus.co.uk/news/13945843 ... glish_law/ |
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| Author: | trotskys twin [ Thu Nov 05, 2015 4:16 pm ] |
| Post subject: | Re: Taxi driver wins right to carry on working after landmar |
So a cab driver [public transport] runs over a cyclist does not stop and gets fined £900 is deemed "fit and proper!" where do they find these bewigged loobys....................ETON HARROW ?????????????? |
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| Author: | captain cab [ Thu Nov 05, 2015 4:22 pm ] |
| Post subject: | Re: Taxi driver wins right to carry on working after landmar |
viewtopic.php?f=13&t=27919 I think you make a fair point TT But reading through the article it looks like the chap had his license suspended immediately - presumably the council deemed him a threat to public safety? |
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| Author: | trotskys twin [ Thu Nov 05, 2015 4:30 pm ] |
| Post subject: | Re: Taxi driver wins right to carry on working after landmar |
captain cab wrote: http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=13&t=27919 I think you make a fair point TT But reading through the article it looks like the chap had his license suspended immediately - presumably the council deemed him a threat to public safety? As would i his actions were indefensible and certainly unacceptable for a Taxi Driver, the Council have a duty of care to the public which they excersised correctly on this occassion in my opinion, Had the Council been guilty of victimisation i have a history of supporting and assisting the victims of such occurrences. |
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| Author: | captain cab [ Thu Nov 05, 2015 4:42 pm ] |
| Post subject: | Re: Taxi driver wins right to carry on working after landmar |
Reading the transcript the driver had a point. |
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| Author: | trotskys twin [ Thu Nov 05, 2015 4:48 pm ] |
| Post subject: | Re: Taxi driver wins right to carry on working after landmar |
captain cab wrote: Reading the transcript the driver had a point. REALLY WHERE? |
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| Author: | captain cab [ Thu Nov 05, 2015 5:05 pm ] |
| Post subject: | Re: Taxi driver wins right to carry on working after landmar |
I posted the link above |
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| Author: | grandad [ Thu Nov 05, 2015 5:39 pm ] |
| Post subject: | Re: Taxi driver wins right to carry on working after landmar |
trotskys twin wrote: captain cab wrote: Reading the transcript the driver had a point. REALLY WHERE? The council said the driver had to prove he was fit and proper to keep his licence but the courts say the Council must prove that a licenced driver is not fit and proper in order to take it away. |
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| Author: | trotskys twin [ Thu Nov 05, 2015 5:40 pm ] |
| Post subject: | Re: Taxi driver wins right to carry on working after landmar |
captain cab wrote: I posted the link above I thought you could identify the para you picked up on ? |
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| Author: | trotskys twin [ Thu Nov 05, 2015 5:40 pm ] |
| Post subject: | Re: Taxi driver wins right to carry on working after landmar |
grandad wrote: trotskys twin wrote: captain cab wrote: Reading the transcript the driver had a point. REALLY WHERE? The council said the driver had to prove he was fit and proper to keep his licence but the courts say the Council must prove that a licenced driver is not fit and proper in order to take it away. His motoring convictions ? |
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| Author: | grandad [ Thu Nov 05, 2015 5:43 pm ] |
| Post subject: | Re: Taxi driver wins right to carry on working after landmar |
trotskys twin wrote: grandad wrote: The council said the driver had to prove he was fit and proper to keep his licence but the courts say the Council must prove that a licenced driver is not fit and proper in order to take it away. His motoring convictions ? The Council didn't try to show that he was not fit and proper in this case. If they had, they could well have cited his convictions as proof that he was not fit and proper but that is not what they did. |
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| Author: | edders23 [ Thu Nov 05, 2015 5:46 pm ] |
| Post subject: | Re: Taxi driver wins right to carry on working after landmar |
Innocent till proven guilty is that not the principle on which the law of the Uk are based upon. I think that was the issue here the council did not use that principle |
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| Author: | trotskys twin [ Thu Nov 05, 2015 5:47 pm ] |
| Post subject: | Re: Taxi driver wins right to carry on working after landmar |
grandad wrote: trotskys twin wrote: grandad wrote: The council said the driver had to prove he was fit and proper to keep his licence but the courts say the Council must prove that a licenced driver is not fit and proper in order to take it away. His motoring convictions ? The Council didn't try to show that he was not fit and proper in this case. If they had, they could well have cited his convictions as proof that he was not fit and proper but that is not what they did. NO DOUBT THEY WILL NOW 
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| Author: | captain cab [ Thu Nov 05, 2015 5:51 pm ] |
| Post subject: | Re: Taxi driver wins right to carry on working after landmar |
Grandad and edders are right - the bloke hadn't even been to court - therefore the sole thing the council suspended him for was the arrest - possibly using that power to immediately suspend on the basis he was a danger to the public - which he obviously wasn't. |
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| Author: | trotskys twin [ Thu Nov 05, 2015 8:38 pm ] |
| Post subject: | Re: Taxi driver wins right to carry on working after landmar |
captain cab wrote: Grandad and edders are right - the bloke hadn't even been to court - therefore the sole thing the council suspended him for was the arrest - possibly using that power to immediately suspend on the basis he was a danger to the public - which he obviously wasn't. How could he have been fined then .........................did he plead guilty by post ?? If he was merely charged but he had not yet entered a plea then of course the Councils actions were challengeable and good luck to him on that one, would have been pleased to rep him in that case, unless he admitted the allegations were true ......................its certainly not a black and white issue! |
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