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Boro PH not disqualified despite PFH taking him to 13 points
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Author:  StuartW [ Mon Aug 19, 2019 9:03 pm ]
Post subject:  Boro PH not disqualified despite PFH taking him to 13 points
Taxi driver gets 13 points but can keep his licence due to 'exceptional hardship'

https://www.gazettelive.co.uk/news/tees ... s-16777804

Najabat Ramzan was caught picking up a fare illegally on Linthorpe Road

A taxi driver has kept his licence despite racking up 13 penalty points.

Najabat Ramzan was not disqualified despite being slapped him with six penalty points for picking up a fare illegally.

Drivers in the UK usually face an immediate driving ban if they notch up 12 or more penalty points on their licence - but a follow up court hearing decided the 48-year-old would face "exceptional hardship" if his licence was taken away.

Ramzan, of Harrogate Crescent, Linthorpe, Middlesbrough, pleaded guilty last month to plying for hire and driving without insurance.

The court heard how licensing officers had approached Ramzan's private hire vehicle on Linthorpe Road in Middlesbrough during an operation in January.

When an officer asked "can you take us to the Sporting Lodge mate?", Mr Ramzan replied "yeah, yeah" and agreed to do so.

On arriving at the destination, Ramzan confirmed the fare would be £7.50, and the officers paid and left the vehicle.

When interviewed, the driver confirmed that the journey wasn't pre-booked through a licensed private hire operator, thereby invalidating his motor insurance.

All UK taxi drivers are required to apply for different licences depending on how they intend to work.

A private hire driver can only pick up pre-booked fares, while Hackney Carriage drivers are the type that can be hailed from the street.

Appearing at Teesside Magistrates' Court on July 23, Ramzan was fined £460 and ordered to pay costs of £185 and a £46 victim surcharge.

He was also given six penalty points on his licence bringing his total to 13.

According to the Road Traffic Offenders Act 1988, when a driver clocks up 12 penalty points or more, "the court must order him to be disqualified for not less than the minimum period" of six months.

But the Act adds that the courts can decide not to disqualify a driver if it is thought the ban would lead to "exceptional hardship".

Following a subsequent hardship hearing on Tuesday, August 6, magistrates agreed not to disqualify Ramzan.

Cllr Mieka Smiles, Middlesbrough Council's executive member for culture and communities, said: "It is essential that all operators, vehicles and drivers are properly licensed and operate within the law.

"Those regulations are there to ensure the safety and welfare of the taxi travelling public.

"I hope operations like this will act as a strong deterrent to others who might be tempted to put passengers and other road users at risk by flouting the law."
Author:  StuartW [ Mon Aug 19, 2019 9:04 pm ]
Post subject:  Re: Boro PH not disqualified despite PFH taking him to 13 po
Quote:
Cllr Mieka Smiles, Middlesbrough Council's executive member for culture and communities, said: "It is essential that all operators, vehicles and drivers are properly licensed and operate within the law.

"Those regulations are there to ensure the safety and welfare of the taxi travelling public.

"I hope operations like this will act as a strong deterrent to others who might be tempted to put passengers and other road users at risk by flouting the law."


But does he keep his badge, or does that still have to be decided? :-s
Author:  edders23 [ Tue Aug 20, 2019 11:53 am ]
Post subject:  Re: Boro PH not disqualified despite PFH taking him to 13 po
making an illegal pick up would be 6 points on a PH license not a driving licence :roll:
Author:  roythebus [ Tue Aug 20, 2019 8:00 pm ]
Post subject:  Re: Boro PH not disqualified despite PFH taking him to 13 po
And again I wonder what proof there was that his insurance was invalid? Does nobody ever challenge this?
Author:  StuartW [ Tue Aug 20, 2019 8:06 pm ]
Post subject:  Re: Boro PH not disqualified despite PFH taking him to 13 po
edders23 wrote:
making an illegal pick up would be 6 points on a PH license not a driving licence :roll:


Seems pretty clear from the article that he got DVLA points for plying for hire?
Author:  StuartW [ Tue Aug 20, 2019 8:08 pm ]
Post subject:  Re: Boro PH not disqualified despite PFH taking him to 13 po
roythebus wrote:
And again I wonder what proof there was that his insurance was invalid? Does nobody ever challenge this?


Strictly speaking I suppose the point is accurate because plying for hire invalidates it as regards the driver's cover, but not as regards the passengers?

So although the point as portrayed is misleading, on the other hand it is technically accurate.
Author:  Chris the Fish [ Tue Aug 20, 2019 10:37 pm ]
Post subject:  Re: Boro PH not disqualified despite PFH taking him to 13 po
StuartW wrote:
edders23 wrote:
making an illegal pick up would be 6 points on a PH license not a driving licence :roll:


Seems pretty clear from the article that he got DVLA points for plying for hire?


Could well be "Other than in accordance with the (DVLA) licence" in that he was plying and "Insurance invalidated" for two lots of 3 points. A Hackney or PH is in effect an extra licence so if you Ply with no Hackney Licence (or even with PH) you are breaking the rules of the DVLA Licence.

As to Edders, it has often been challenged, and lost, at Magistrates. That doesn't set precedent though, and as far as I know it has not gone to a higher, precedent setting Court.
Author:  heathcote [ Wed Aug 21, 2019 12:15 am ]
Post subject:  Re: Boro PH not disqualified despite PFH taking him to 13 po
roythebus wrote:
And again I wonder what proof there was that his insurance was invalid? Does nobody ever challenge this?



Philcox v Carberry RTA 1930 S35[now the RTA 1988 S143] it was HELD The onus was on the defendant to prove he was insured & not on the prosecution to prove he was not.

This was a binding decision.
Author:  edders23 [ Wed Aug 21, 2019 1:45 pm ]
Post subject:  Re: Boro PH not disqualified despite PFH taking him to 13 po
StuartW wrote:
edders23 wrote:
making an illegal pick up would be 6 points on a PH license not a driving licence :roll:


Seems pretty clear from the article that he got DVLA points for plying for hire?



for no insurance possibly but not plying for hire
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