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Glasgow PHD keeps badge despite points for hitting cyclist
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=37935
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Author:  StuartW [ Sun Jan 30, 2022 7:37 am ]
Post subject:  Glasgow PHD keeps badge despite points for hitting cyclist

Well if what he says is correct then he's been hard done by, but who knows :?

And it doesn't say, but presumably this is one of those where police object to a renewal application - the offence was in 2018 :roll:

And the end of the article reads like there should be more, but that's all I can see on the website :-s


Glasgow private hire driver who knocked down cyclist allowed to keep licence

https://www.glasgowlive.co.uk/news/glas ... t-22883061

Stephen McFadyen was fined and had seven points added to his licence after the incident in 2018, but has been told he can remain as a private hire car driver.

A Glasgow cab driver who knocked down a cyclist has managed to keep his licence but been issued a warning from the council’s licensing committee.

Stephen McFadyen, will remain as a private hire car driver despite being convicted under the Road Traffic Act in September 2018, fined £245 and having his licence endorsed with seven penalty points.

On March 28, 2018 Mr McFadyen drove his vehicle on a named street in Glasgow without due care and attention when he carried out a right turn manoeuvre.

He failed to keep the car under proper control and collided with an oncoming cyclist causing damage to both the vehicle and injury to the cyclist.

Mr McFadyen was offered a conditional offer of three fixed penalty points and a £100 fine which he refused as he did not believe the accident was his fault.

The driver was asked to explain himself to members of the licensing committee on Wednesday morning.

He explained: “I wanted to challenge this at court which is why I didn’t accept the £100. The cyclist came through a red light but I was told that the cyclist “is always right”.

“The next thing I knew was that I had been fined £245 and given seven penalty points on my licence. I didn’t get the chance to defend myself at court.

“I was turning the corner and as far as I was concerned the cyclist came through the red light and ran into me. He caused the collision, not me.

“I have been driving a private hire car for about eight to ten years and have never been in front of the committee before.”

Members were informed that the seven points expired from the licence on March 28, 2021. There are currently three points on the licence which are due to expire in May next year.

Chairman Alex Wilson said: “I understand that the penalty points from this incident have expired but this is still a serious incident where a cyclist was injured.

“Whether it be your fault, their fault - that’s down to the court to decide. We will look at this and will make a decision.”

Author:  edders23 [ Sun Jan 30, 2022 9:10 am ]
Post subject:  Re: Glasgow PHD keeps badge despite points for hitting cycli

people don't understand this but unfortunately in law even if it was the cyclists fault it is deemed to be the car driver at fault for not having managed to avoid the collision

it is the drivers responsibility to not hit cyclists and pedestrians not the cyclist or pedestrians responsibility to avoid putting themselves in harms way

Author:  bloodnock [ Sun Jan 30, 2022 1:40 pm ]
Post subject:  Re: Glasgow PHD keeps badge despite points for hitting cycli

edders23 wrote:
people don't understand this but unfortunately in law even if it was the cyclists fault it is deemed to be the car driver at fault for not having managed to avoid the collision

it is the drivers responsibility to not hit cyclists and pedestrians not the cyclist or pedestrians responsibility to avoid putting themselves in harms way


Is it also our responsibility to avoid meteorite or lightning strikes............these new highway code rules concerning the road hierarchy of cyclists being the blameless golden childs of the roads is really starting to get on a lot of drivers Tits and is creating a friction that really neednt be there.

Author:  Sussex [ Sun Jan 30, 2022 6:48 pm ]
Post subject:  Re: Glasgow PHD keeps badge despite points for hitting cycli

Quote:
“The next thing I knew was that I had been fined £245 and given seven penalty points on my licence. I didn’t get the chance to defend myself at court.

That's not how the law works.

If you refuse a fixed penalty it goes to court. If you don't turn up at court to defend yourself at trial that's down to you.

If the trial went ahead without your knowledge then you can ask for a retrial, or you can ask for a 'statutory declaration'.

I can understand why the driver didn't take the fixed penalty, but it's then down to him to defend his actions.

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