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| Badgeless cabbie 'wrongly avoided conviction' http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=3705 |
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| Author: | captain cab [ Thu May 18, 2006 6:31 pm ] |
| Post subject: | Badgeless cabbie 'wrongly avoided conviction' |
Badgeless cabbie 'wrongly avoided conviction' A MUSLIM cab driver cleared of not wearing his ID badge after removing it during a prayer break has been told he must be convicted. A High Court judge ruled that Asghar Hussain, 37, wrongly escaped conviction in May last year for failing to display his identification. Mr Justice Sullivan expressed surprise that Reading Borough Council challenged a decision by magistrates to dismiss the case - but ruled the bench was wrong to dismiss the case. He had heard that Mr Hussain removed his driver's badge, during a busy day working at the 2004 Reading Festival, because it was against his religion to be adorned with an item showing his image while praying. Calcot-based Mr Hussain appeared before Reading magistrates last May under the 1976 Local Government (Miscellaneous Provisions) Act, for not wearing his private hire driver's badge "in such a position and manner as to be plainly and distinctly visible". Magistrates dismissed the case, accepting that Mr Hussain's religious scruples and forgetfulness were a reasonable excuse. The council challenged the ruling and Mr Justice Sullivan - who also last week granted the Afghan aircraft hijackers permission to stay in Britain - allowed the appeal and sent the case back to the magistrates with orders to convict. The judge said Mr Hussain's forgetfulness did not amount to a reasonable excuse. But he recommended Mr Hussain should receive an absolute discharge - a conviction with no penalty - and refused to award the council its costs. Council spokesman Oscar Mortali said: "It is a local authority's responsibility to ensure drivers are fully identifiable at all times, to protect unsuspecting passengers who may be getting into vehicles with absolutely no idea who the driver is and whether they are indeed licensed. "This is a responsibility we take extremely seriously. "The costs of taking the case to High Court were minimal and the council makes no apology for pursuing a case which in essence is about the safety of private hire vehicle passengers." |
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| Author: | TDO [ Thu May 18, 2006 6:39 pm ] |
| Post subject: | Re: Badgeless cabbie 'wrongly avoided conviction' |
captain cab wrote: Council spokesman Oscar Mortali said: "It is a local authority's responsibility to ensure drivers are fully identifiable at all times, to protect unsuspecting passengers who may be getting into vehicles with absolutely no idea who the driver is and whether they are indeed licensed.
Well if he's wearing it then I doubt if anyone will be able to see it. It's a bit like the old fare card principle - what's the use of having them displayed if no one can work them out? 
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| Author: | captain cab [ Thu May 18, 2006 9:05 pm ] |
| Post subject: | |
Quote: But he recommended Mr Hussain should receive an absolute discharge - a conviction with no penalty - and refused to award the council its costs.
The words pointless waste of tax payers money spring to mind Captain Cab |
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| Author: | Fae Fife [ Fri May 19, 2006 1:18 am ] |
| Post subject: | Re: Badgeless cabbie 'wrongly avoided conviction' |
TDO wrote: captain cab wrote: Council spokesman Oscar Mortali said: "It is a local authority's responsibility to ensure drivers are fully identifiable at all times, to protect unsuspecting passengers who may be getting into vehicles with absolutely no idea who the driver is and whether they are indeed licensed. Well if he's wearing it then I doubt if anyone will be able to see it. Our rules just say that the ID should be on display, so I keep mine on the dashboard, where it's easier to see. And you don't forget to take it with you when you leave for work 
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| Author: | Sussex [ Fri May 19, 2006 7:13 am ] |
| Post subject: | Re: Badgeless cabbie 'wrongly avoided conviction' |
Fae Fife wrote: Our rules just say that the ID should be on display, so I keep mine on the dashboard, where it's easier to see.
Don't your lot have their names on the doors? 
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| Author: | Fae Fife [ Fri May 19, 2006 6:19 pm ] |
| Post subject: | |
Yes, our name is on the door, but this may not be the driver, and quite a lot of cars don't have them now, since I'm not sure if it was ever compulsory. I think Dundee is much the same, but I notice that in Edinburgh its just the council name and number. Our names are also on the badges, and we have new window plates which is just a miniture plate from the outside but has the license number in large letters on the inside, but no name. |
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| Author: | rambo [ Sat May 20, 2006 7:11 pm ] |
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I get the feeling that had he have been white, christian and english and just come out of the bookmaker's he would not have got away with it!! 
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