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Three strikes and you're out
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=4707		 Page 1 of 1
Author:  Sussex [ Fri Oct 27, 2006 8:55 pm ]
Post subject:  Three strikes and you're out
New 'three strikes' rule for minicabs

Minicab drivers will be punished with penalty points for every rule they break under new “three strikes and you’re out” regulations to be introduced by the council.

The town’s minicab drivers will be slapped with up to six points for breaking council private hire vehicle rules and will be suspended for 14 days if they clock up 12 points in a year.

If the driver runs up another 12 points in the same year they will be suspended for 28 days and a third infraction will see their licence revoked.
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Drivers will rack up points by breaching any of 36 regulations including three points for prolonging journeys, sounding their horn, and being rude to passengers; and six points for illegally plying for hire and for carrying too many people in their cars.

Councillor Tony Jones, Reading Borough Council’s head of licensing, said the new regime would streamline the current method of reprimanding drivers and further ensure the safety of passengers.

He said the existing system, where drivers found breaching the rules are sent a letter from the council and after three warnings given a suspension, was inefficient.

The plans will be discussed by councillors at a licensing meeting at the Civic Centre on Wednesday, November 1. Cllr Jones said: “We are trying to streamline the process of dealing with drivers who have had complaints against them or have broken the rules.

“At the moment we have the equivalent of a full-time member of staff compiling the papers for a licensing meeting to deal with drivers breaching rules, which is not a great use of resources.

“Anything that speeds up a system that ensures everyone who uses a minicab is being driven by a safe and competent driver can only be a good thing.”

Manzoor Hussain, spokesman for the town’s private hire drivers, said the points system was a good idea. He said: “We all want clearer regulations and I think the point system will make abiding by them simpler for all the drivers.

“We have worked closely with the council on this and we are happy with the idea but we are slightly concerned that some of the proposals aren’t entirely clear. “We will be scrutinising them closely and will present any concerns at the meeting on Wednesday.”
Author:  GBC [ Sat Oct 28, 2006 4:08 am ]
Post subject: 
There you go Terry, more injustices for you and the versatile man from South London to recruit and represent. :D

That should take you up to 17?
Author:  Stinky Pete [ Sat Oct 28, 2006 4:54 am ]
Post subject:  Re: Three strikes and you're out
Sussex wrote:
New 'three strikes' rule for minicabs and being rude to passengers; ”


How does that work, being rude to passengers, you could say anything,[they could have had a bad day]
and they the passengers take it the wrong way and your up in front of the kanger roo court
Author:  GMB Branch secretary [ Sat Oct 28, 2006 3:48 pm ]
Post subject:  Three strikes and your out
Of course we all want to maintain standards,but this is a beuracratic nightmare,i guarantee the Assc wont be happy when they realise the practices involved.Have had experience with this council,were succesfull for the driver.The assc appear nieve.Some vindictive official could harras you and your out of work,advice stop the scheme until your sure of its in-built fairness,(appeal procedures,representation)join the GMB get some expert legal back up.
ORGANISE EDUCATE AGITATE!!!!!!!!!!!!
Author:  edders23 [ Sat Oct 28, 2006 8:02 pm ]
Post subject: 
I think I am right in saying that some other councils operate a similar system but i couldn't name them although i believe Peterborough city Council did have something along those lines running a few years ago
Author:  jasbar [ Tue Oct 31, 2006 4:42 pm ]
Post subject: 
Isn't it about time the disciplinary process was completely revised.

In Scotland the Council is authorised under the Civic Government (Scotland) Act 1982 to suspend a licence holder on the basis that they not a "fit and proper person" to hold that licence.

This was clearly designed to ensure that licences are only operated by fit and proper people, and their licence to be removed when they are deemed not to be, in the public interest of course.

However, councils have taken it upon themselves to use this power within the act to set themselves up as kangaroo courts. They use suspension, like they clearly do in Reading, as a means of punishment. This can range from 1 month to whatever the council decides.

This brings to mind the case of Garry Thomson (well documented so there's no objection to his name being published, who got involved with another driver on a taxi rank. The other driver undercut him for an out of town fare and when Garry remonstrated with him the driver spat at him. Garry's instataneous response was to flick his hand toward this miscreant in a dismissive way, a light slap.

Garry was charged with assault, one of the passengers supported the other driver and Garry was found guilty and fined £150, probably the least that could be levied for the minor crime committed.

(Incidentally, those who know Garry would recognise that if he HAD chosen to assault this creep he likely would have taken some time to lift himself off the pavement.)

Anyway, the council suspended Garry for one month, forced him to pay to attend two training modules (Customer service and anger management), because they deemed his actions had rendered him not a "fit and proper person" to hold the licence. This raises two serious questions.

First, by suspending Garry, causing him to lose one moth's earnings the actions of the copuncil effectively caused Garry to be punished twice, a clear breach of even basic natural justice.

Second, How can it be that after one month individuals can suddenly become "fit and proper" people again? Of course they simply can't.

Clearly suspending lcence holders a s means of punishment was never the intention of the act, except of course the statutory removal of the licence.

Had it been so there would have been in place a mechanism to guide the way the hearings were held, there would have been provision for properly trained professional expert adjudication and clear sentencing guidelines. Importantly, there would have been an automatic right, and an appropriate process, of appeal within the framework of the legislation.

Of course none of this exists because it was never intended that the Act should be interpreted in this way.

That it is so to this day is entirely because no one has taken the matter before the courts to test it. This would be prohibitively expensive and it is certain that "sentencing" is kept to a level where it more cost effective to "do the time" rather than risk financial hardship through the courts.

So, think about this if you ever find yourself sitting in front of councillors, who have no appreciation of what it truly is like at the sharp end of a busy weekend night dealing with drunks and general scum, and who have no experience or qualifications to pass judgement on anyone.
Author:  jasbar [ Tue Oct 31, 2006 5:15 pm ]
Post subject: 
Perhaps I should add that a Sheriff in Dumfries described the above interpretation of the Act as - illogical.
Author:  Sussex [ Tue Oct 31, 2006 7:34 pm ]
Post subject: 
jasbar wrote:
Second, How can it be that after one month individuals can suddenly become "fit and proper" people again? Of course they simply can't.

Exactly, which is why a few councils down here don't suspend. If they don't think a driver is 'fit and proper', then he wont suddenly become 'fit and proper' with a week/month/year.
Author:  GMB Branch secretary [ Wed Nov 01, 2006 5:57 pm ]
Post subject:  Three strikes and your out
Why sit in front of these councillors on your own,we,d love this one,as for taking it to a court if we thought we were right we the GMB WOULD!
ORGANISE EDUCATE AGITATE!!!!!!!
Author:  captain cab [ Thu Nov 02, 2006 8:11 pm ]
Post subject: 
fettering of disgression surely :shock:

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