Taxi Driver Online

Its always good when someone asks TDO for our advice and they get a result from that advice.

I'm sure everyone will recall that several weeks ago we were asked for our advice in respect of an owner who drove his vehicle while not holding a hackney carriage license. We explained the law to him and gave him assistance in the options he might wish to pursue?

I've been wondering how the individual fared in the subsequent court case and I'm pleased to inform everyone that he was found not guilty of the charge.

We didn't know ay the time but it turns out we were assisting a local councillor and it is gratifying to know that not only Taxi drivers use TDO for help and assistance but also local councillors.

The thread in question is here.

http://taxi-driver.co.uk/phpBB2/viewtopic.php?t=6207
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August 14, 2007 Tuesday

HEADLINE: Councillor cleared of illegally driving taxi

Western Telegraph

Going to a council meeting by taxi caused all sorts of trouble for County Councillor Alun Emmanuel Byrne.

Cllr Byrne drove his own taxi, but the county council summoned him for allegedly driving it illegally without a Hackney Carriage licence and without insurance.

However, after a three-hour trial, in which Cllr Byrne, aged 55, of 67 Glebelands, Hakin, conducted his own defence, he emerged triumphant when magistrates at Haverfordwest acquitted him of both charges.

Jeff Harries, prosecuting, said Cllr Byrne was not entitled to drive to a meeting in his taxi because his Hackney Carriage licence had expired and he was also therefore not insured.

But Cllr Byrne said he maintained his own vehicles which entitled him to road test them.

This claim was refuted by the county council, submitting that only a mechanic authorised by the council or the Secretary of State could carry out road tests.

Licensing Inspector Geraint Griffiths said during in a taped interview, Cllr Byrne admitted he had no written qualifications, but had explained that this was only because he was dyslexic and could not take an exam.

He said he was a very experienced mechanic who had maintained and repaired his own cars when racing them as a young man, had served as a "greaser" or second engineer at sea, and had taught mechanical engineering for NACRO.

He produced insurance documents which the court accepted allowed him to drive his own vehicle as its mechanic with an appropriate' licence, not specifying that it had to be a hackney licence.

Cllr Byrne submitted that if the council's interpretation of the law was correct, any garage mechanic testing a taxi was acting illegally.

He said: "I applaud the council for being tough on illegal taxi operators. They are getting off their backsides and stopping people running around illegally as taximen, but they are taking the wrong people to court."

He added: "I am a councillor and have to be seen to be whiter than white, but to stand here in a criminal court for something I didn't do is totally ridiculous and a slur on my name."
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Good..
Don't you just love it, when a plan comes together..

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

Councillor, eh?

Maybe he should be banned from TDO for failing to disclose a material fact

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Taxi Driver Online
www.taxi-driver.co.uk

Did you not know..?

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

Convincing a magistrate is one thing, convincing a crown court judge is another.

However, I'm pleased Mr Byrne got the right result but it doesn't mean an awful lot for the Taxi trade as a whole until the higher court has dealt with the issue.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

A court has made a decision so that's that. Unless of course an appeal is made.

But in my view driving to a council meeting is not a road test.

Again in my view, the law is how it is to stop un-licensed drivers picking up punters in licensed vehicles, and as that's not what happened then I wont be too critical of the court or the driver in this case.

As none of us, not even me, are perfect.

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IDFIMH

If it does go to appeal the two mags on the bench can still out vote the judge.

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IDFIMH

Hi all
First of all let me please apologise for not keeping you up to date and for not letting you know of the not guilty verdict. The Only reason for this was I was waiting for the appeal period to run out, Then I would know for sure that this was over, but now you know the result so that no longer matters. I have not been on this site since June to be honest this case was consuming me and I had to try and forget about it otherwise I would have cracked up if it was not bad enough my dad just dieing I had to deal with this crap from the council. JD it does not surprise me you had to go to FOI that’s the way this council operates some would say it was corrupt.

I would like to thank every one at TDO who added their comments and gave me their help and support. With out their advice and contributions the outcome may have been totally different. Special thanks must go to JD and Mr T the expert help from both of them proved to be invaluable and Their offline help very helpful.
I am sorry I did not let you know that I am a town and county councillor but after reading some of the threads on TDO could see some of you do not take to councillors to kindly. After seeing how some of us act I can understand that. I needed help and did not want to get sidetracked by councillor bashing. I did make it clear that if I was found guilty that I would resign as a councillor.

I had to go to court three times the last hearing lasting three hours it soon became clear that the council has no policy regarding mechanics road testing taxis and quoted section 45 only approved MOT inspectors could drive without a taxi licence but when I proved that that was not the case they then went for me not being a qualified mechanic and even thought I had my insurance documents (all of them) and a letter from Norwich union saying that I was insured by them even if I did not have a hackney drivers licence. The council even said that Norwich union was wrong and I did not have insurance. Luckily the court ruled my way. I don’t want to go though that again.
Once again a big thank you to all for your help could not have done it without you.
Forever Grateful
Alun

By the way JD how did you find out

lol Investigative journalism into the Taxi trade begins and ends with TDO. I have my means which ensures we are always first with the news. Your case could have only taken one of two courses either it had been dropped or it had been adjourned? I was under the impression it had been adjourned because I was of the opinion that if it had been dropped you would have told us and on consideration of the lukewarm Conversation and correspondense I received from the council I thought it was unlikely that they would drop the issue. However we are all extremely pleased that you got a result.

The three hours of litigation must have felt like three years but you must be feeling pretty pleased with the thought that you defended yourself and won.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

I would just like to say that I agree with JD's statement, and I hope you claimed costs.
also if I was you, and I was in your position I would make it my job to find out what is going on in that department .
Not saying you should, just saying I definitely would..

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!