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Glasgow licensee keeps plate despite breath test refusal
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=39157
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Author:  StuartW [ Fri Jan 13, 2023 7:19 pm ]
Post subject:  Glasgow licensee keeps plate despite breath test refusal

Well this is as clear as mud. It refers to keeping his plate (obviously), but doesn't specifically refer to his badge, but does describe him as a taxi driver.

Of course, if he only had a plate and no badge, then the argument would be why this should impact on his ability to have a plate. But there's no argument like that reported here, so presumably there was both a plate and badge involved.

But if he did keep a badge, then very lucky, I'd guess.

Also, the article comes to an abrupt end, as if there's stuff missing :?


Glasgow taxi driver who failed to give roadside breath test warned over conduct

https://www.glasgowlive.co.uk/news/glas ... d-25971645

Councillors agreed to renew a taxi vehicle licence for Duffin Taxi & Co but warned Mr Sidhu over his future behaviour after he was fined over an incident in September 2020.

A taxi driver who was fined after failing to provide a roadside breath test has been warned over his future conduct.

Glasgow’s licensing committee decided to renew Duffin Taxi & Co’s taxi vehicle licence for three years, but issued the warning after hearing about Gurcharan Sidhu’s conviction from Police Scotland.

A police officer told councillors the driver had been fined £250 and given penalty points on his licence following an incident in September 2020.

She said Mr Sidhu had failed to cooperate with a breath test when officers reasonably suspected he had committed a traffic offence.

The driver had not reported his conviction to the council’s licensing team, she added.

Mr Sidhu’s lawyer, Aamer Anwar, said there had been “no sufficiency” for a dangerous driving charge as his client’s car had skidded, causing him to crash.

Mr Anwar said the driver had been unable to provide a roadside test due to his asthma but had agreed to attend a police station to give a specimen.

He added: “The police attended at the time, Mr Sidhu was in shock. The police requested Mr Sidhu to provide a specimen of breath as is the norm following an accident.

“Mr Sidhu has asthma and he was unable to provide the breath test. The officers took him to the police station, he agreed to provide a breath specimen at the police station, unfortunately the machine wasn’t working so that was not his fault.

“He did provide a urine sample that showed he was not over the limit.”

However, Mr Anwar said the requirements of the road traffic act meant the driver was “not able to provide enough basis for his refusal of the breath test, despite the fact he had asthma”.

He said his client had been found guilty on a “technical basis”. The lawyer added Mr Sidhu does not drink alcohol, has no previous convictions and “is the sole provider for his family”.

“The loss of the licence would be detrimental to him and his family,” Mr Anwar said.

Cllr Alex Wilson, who chairs the licensing committee, asked why the driver had not notified the licensing department of his conviction. Mr Anwar said there had been “confusion” on Mr Sidhu’s part as to whether he needed to report the offence.

Author:  StuartW [ Fri Jan 13, 2023 7:29 pm ]
Post subject:  Re: Glasgow licensee keeps plate despite breath test refusal

Of course, mabye it's just his plate up for renewal at the moment, which is when Police Scotland put in their objections.

So we may have to go through the whole thing again when his badge comes up for renewal :lol:

Author:  jimbo [ Fri Jan 13, 2023 7:48 pm ]
Post subject:  Re: Glasgow licensee keeps plate despite breath test refusal

StuartW wrote:
Of course, mabye it's just his plate up for renewal at the moment, which is when Police Scotland put in their objections.

So we may have to go through the whole thing again when his badge comes up for renewal :lol:


Is there a three year plate in Scotland?

Author:  StuartW [ Fri Jan 13, 2023 8:06 pm ]
Post subject:  Re: Glasgow licensee keeps plate despite breath test refusal

Yes, Jimbo, both plates and badges. I think it's up to individual councils, but they can allow up to three years for both plates and badges under the legislation.

In Fife we can choose a one-year or three-year option for both badges and plates.

Author:  Sussex [ Fri Jan 13, 2023 9:11 pm ]
Post subject:  Re: Glasgow licensee keeps plate despite breath test refusal

Well, I would love to know what the fella was fined for. :-k

Although he failed to provide at the scene, he did back at the station and it was a negative test. So no charge for failure to supply.

More to this than meets the eye methinks. :-k

Author:  StuartW [ Sat Jan 14, 2023 2:09 pm ]
Post subject:  Re: Glasgow licensee keeps plate despite breath test refusal

Don't know the precise rules, and there's plenty stuff online, but it's not at all clear on that particular point. But to me it looks like a two-stage process - if you refuse a roadside test without reasonable excuse, then that's an offence per se whether or not they then take breath/urine/blood test back at the station? :-k

Author:  Sussex [ Sun Jan 15, 2023 7:07 pm ]
Post subject:  Re: Glasgow licensee keeps plate despite breath test refusal

Quote:
if you refuse a roadside test without reasonable excuse, then that's an offence per se whether or not they then take breath/urine/blood test back at the station?

If you fail at the roadside yet pass in the police station then that's a pass. No failure charge.

If what the lawyer said was true, and he was convicted for failing to provide (albeit at the roadside), then the penalty for that is a mandatory driving ban.

I suspect he was fined for his driving.

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