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PostPosted: Sun Feb 16, 2020 10:49 am 
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Ooo, this is interesting :-o

Or maybe it's just me 8-[

Article first, then letter in response from the Mr Jones quoted in the first piece.

(The 'judge and jury' characterisation in the thread title is mine, but I think that's what he's getting at with the 'separation of powers' thing)


Hereford cabbies unite to fight ‘injustices’

https://www.worcesternews.co.uk/news/re ... njustices/

Image
Image: Worcester News

HEREFORD taxi drivers are banding together to deal with problems affecting their trade.

John Jones, chairman of High Town Taxis, says cabbies are finding many issues with Herefordshire Council’s current Hackney carriage and private hire licensing policy.

He says the penalty points system is not fair and there is no separation of powers between officers who issue penalty points for licence breaches and those who sit on the regulatory panel.

Mr Jones believes the creation of a new taxi association could help deal with any issues cabbies have with the licensing authority.

Image
Image: Worcester News

“We need a voice for the council,” he said.

“It’s not about working against the council but working with the council. It’s a matter of the system being fair.

“Under the current policy, if you’ve got no proof of insurance on the vehicle they will give you two penalty points, which means you can carry on driving. This is a nonsense.

“However, for not declaring you have three points on your driving licence that’s an automatic 12 points on your taxi permit and means you have to go straight before the regulatory panel and you can lose your licence.

“The same person who gives you the points sits in judgement over whether he should have given you them.

“It used to be elected councillors who sat in judgement, with the regulatory team and a solicitor always present. That was fine.”

A council spokeswoman said the taxi panel is formed of expert licensing, public transport and safeguarding council officers as well as a police representative.

“The chair of the panel was appointed in accordance with the policy and acted in the interests of public safety at all times, being particularly guided by the views of the police and safeguarding/social worker appointed to the panel,” she said.

A meeting open for all local taxi drivers to discuss forming an association is being held at 7.30pm at the Herdsman, Widemarsh Street, on February 12.


These people aren't experts on taxis

https://www.herefordtimes.com/news/1823 ... rts-taxis/

Image
Image: Worcester News

With regard to the article in last week’s Hereford Times, “Hereford cabbies unite to fight injustice”, I would like to respond to the council’s spokeswoman who said that the taxi panel is formed of “experts”.

These people might be classed as professionals because they are paid to do their jobs, but it is going too far to claim that they are experts in their field.

Secondly, she has spectacularly missed the point that there is no separation of power, which is crucial for a fair trial.

The officer panel has the right to revoke licences, and drivers are charged £280 to appear before it.

The same licensing officer who gave points to a driver is the chairman of the panel adjudicating over whether he made the right decision in the first place.

That would be the same as the police officer who arrested a suspect presiding as judge in the case against the person they had arrested.

I dare say this spokeswoman considers herself to be an expert in the principles governing natural justice, but she would be wrong in that assumption as well.

The spokeswoman goes on to say that the panel was appointed in accordance with the policy.

That just proves yet again another glaring mistake with the current policy that needs addressing urgently.

I have contacted the council’s legal department to make them aware of the situation and I would expect them to give legal guidance to the licensing department to prevent further injustice to our trade members.

John Jones
Chairman
High Town Taxis
Little Birch


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PostPosted: Sun Feb 16, 2020 4:37 pm 
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Quote:
He says the penalty points system is not fair and there is no separation of powers between officers who issue penalty points for licence breaches and those who sit on the regulatory panel.

He is correct, although what other options are there?

A slightly different issue, although it does blend in with the Hereford drivers issue, is the way licensing councillors behave at committee.

They are meant to be 100% non political, members are meant to only deal with the evidence the officers put before them, and any representations heard on the day. Yet none of them do that.

Drives me mad. Image

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PostPosted: Tue Feb 18, 2020 9:20 am 
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Sussex wrote:
Quote:
He says the penalty points system is not fair and there is no separation of powers between officers who issue penalty points for licence breaches and those who sit on the regulatory panel.

He is correct, although what other options are there?


Sounds like a job for Judge Rinder. In all seriousness, some form of arbitration is the answer. Replace the panel with an independent solicitor who understand the relevant case-law and local regulations. Both sides make their case and the arbiter makes a ruling.


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PostPosted: Tue Feb 18, 2020 5:34 pm 
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Quote:
Sounds like a job for Judge Rinder. In all seriousness, some form of arbitration is the answer. Replace the panel with an independent solicitor who understand the relevant case-law and local regulations. Both sides make their case and the arbiter makes a ruling.

Sadly it would need new legislation for that, despite it being a sensible route.

Current legislation sort of allows for an independent hearing, but that's the courts.

I'm not a fan of the points system, but does it make sense to take a driver to court for not wearing his badge, or taking the wrong route?

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