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| Call to end seatbelt exemption http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=7795 |
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| Author: | Fae Fife [ Sat Jan 26, 2008 2:08 am ] |
| Post subject: | Call to end seatbelt exemption |
http://www.thecourier.co.uk/output/2008 ... 2501t0.asp Sheriff calls for action after taxi death probe By Gordon Berry A FIFE SHERIFF has suggested the law could be changed so taxi drivers would have to wear seatbelts while driving in rural areas at night. The statement has come from Sheriff George Evans in the wake of a fatal accident inquiry held at Cupar into the death of a taxi driver who was thrown from his vehicle while not wearing a seatbelt. Sheriff Evans has issued his formal determination relating to the death of Malcolm Dowds [48], Riverside Way, Leven, who was killed at around 2am on November 26, 2006, while he was employed by the Cupar firm A. & J. Taxis. His vehicle left the road between Pitlessie and Cupar, entered a field and overturned, fatally injuring Mr Dowds. The inquiry heard police evidence that it was found a spare seatbelt buckle had been clicked into the holder in the driver’s seat, silencing the warning signal. The driver’s belt was hanging loose. The police evidence was that, while it could not be said a seatbelt would have saved the driver entirely, it could have made a difference. Mr Dowds, it was said, might still have received serious injuries but they might not have been fatal because he could not have been thrown out of the car. In his determination, Sheriff Evans said members of the public are required to wear seatbelts at all times, but not so a licensed taxi driver. He said that, as far as he is aware, the regulations obliging drivers to wear seatbelts do not apply to licensed taxi drivers, and the belt does not have to be worn while a taxi is used for seeking hire, answering a call for hire, or carrying a passenger for hire. Sheriff Evans said there was no evidence to explain what the deceased was doing, as far as taxi fares are concerned, just before his accident. The sheriff said, “He had, of course, no passenger but he may well have been answering a call for hire, and thus not required to wear a seatbelt. “It may be that Fife Council already insist on drivers wearing a seatbelt unaccompanied and that would certainly be a wise requirement, especially for taxi drivers driving in rural areas at night, who may have to go longer distances in the dark on more difficult side roads while on their own than their urban counterparts. “Perhaps the exemption should be lifted during the hours of darkness in country areas.” Sheriff Evans said, having considered all the evidence, he found Mr Dowds died as a result of a road traffic accident in the course of his employment. The cause of the accident, he said, was probable inattention or tiredness that led to Mr Dowds oversteering slightly to the left when rounding a bend, as a result of which a front wheel collided with the kerb. In consequence of that, said Sheriff Evans, the deceased most probably made a sudden steer to the right, which caused the taxi to cross the carriageway and come to rest upside down in a field. He also found that, had he worn his seatbelt, Mr Dowds might well have avoided fatal injuries, and it would have been a reasonable precaution for him to have worn the belt. |
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| Author: | Fae Fife [ Sat Jan 26, 2008 2:17 am ] |
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This article from last week details some of the evidence heard at the inquiry. http://www.thecourier.co.uk/output/2008 ... 2355t0.asp FAI told of Leven man’s taxi crash By Gordon Berry A TAXI driver who was killed in an early morning road accident near Cupar might have survived if he had been wearing his seat belt at the time, a fatal accident inquiry at Cupar Sheriff Court heard yesterday. The inquiry was told that although the taxi had been later found to have a defective tyre this had not contributed to the accident. Malcolm Dowds [48] of Riverside Way, Leven, was killed around 2am on November 26, 2006, while he was employed by Cupar firm A&J Taxis. Mr Dowds’ taxi left the road between Pitlessie and Cupar, entered a field and flipped over, fatally injuring him as he was thrown out. PC Roderick Benzies, a police vehicle and accident examiner and investigator, said that he had been called to the scene around 2.40am. He found that the weather was fair and the road surface was damp but not wet. There had been a tyre mark onto a footway then back onto the road and it seemed that the taxi had crossed a verge into a field and had travelled on its side for around 30m before digging in and flipping over several times. PC Benzies said he had later examined the car and had found a spare seat belt buckle clicked into the holder in the drivers seat, silencing the warning signal. The driver’s belt was hanging loose, not having been worn. During his examination he had also found one tyre to have an illegally low tread but he said that, in his opinion, because the road was not wet, this would not have contributed to the accident. The tyre condition would have had “little or no effect” on the vehicle’s handling. Asked by Sheriff George Evans about the effect of the victim of the accident wearing a seat belt, PC Benzies said that while he could not say this would have saved him entirely, it would have made a difference if he had been restrained inside the vehicle. The witness went on to say that Mr Dowds might still have received serious injuries, but they might not have been fatal because he could not have been thrown out of the car. The structure of the vehicle was found after the accident to be sound, and Mr Dowds would have had a “much better chance”. PC Benzies said he had concluded that the accident had been due to human error either because of distraction or tiredness when Mr Dowds had over steered slightly while rounding a bend. There had been insufficient marks on the road to assess at what speed the vehicle had been travelling. The inquiry was also told by witness Norman Robertson, of Springfield, that he had come across the accident scene when he investigated a red light shining in a field. He said that when he arrived at the vehicle the windscreen wipers had been going, the car was very badly damaged and Mr Dowds was lying beside it. One of the taxi driver’s colleagues, Alistair McDonald, said that he had been driving another taxi around 1.40am when Mr Dowds’ vehicle had passed him going in the opposite direction. He added that at that time Mr Dowds had flashed his headlights and had given him a “thumbs up” sign. The owner of the taxi firm, Andrew Brown, said that he had spoken to Mr Dowds when he began working at 6pm. Mr Dowds had said he had a stomach upset but felt okay to work. The inquiry had earlier been told in an affidavit from Mr Dowds’ wife that she had asked him not to go to work because he had not been well. A forensic pathologist, Dr David Sadler, said that there had been no sign of alcohol intoxication, that Mr Dowds had been a fit man for his age, had no acute natural disease and had died of multiple injuries as a result of the accident. Sheriff Evans said at the end of the evidence that he would issue a formal verdict in due course. |
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| Author: | TDO [ Sat Jan 26, 2008 3:11 pm ] |
| Post subject: | Re: Call to end seatbelt exemption |
Fae Fife wrote: It may be that Fife Council already insist on drivers wearing a seatbelt unaccompanied and that would certainly be a wise requirement, especially for taxi drivers driving in rural areas at night, who may have to go longer distances in the dark on more difficult side roads while on their own than their urban counterparts.
I'm not sure if LAs can in law interfere with the seatbelt requirements, and I'm certainly not aware of any that do so. Seems a bit like suggesting that LAs say that taxi drivers should adhere to a speed limit 10mph below private cars, which I doubt LAs have the power to do? |
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| Author: | Sussex [ Sat Jan 26, 2008 5:07 pm ] |
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There isn't a law which says cab drivers mustn't wear seat-belts, just one that says they needn't whilst working. There are pros and cons on both sides, but in the end I think it should be down to the driver. |
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| Author: | Fae Fife [ Sat Jan 26, 2008 5:23 pm ] |
| Post subject: | Re: Call to end seatbelt exemption |
Fae Fife wrote: He said that, as far as he is aware, the regulations obliging drivers to wear seatbelts do not apply to licensed taxi drivers, and the belt does not have to be worn while a taxi is used for seeking hire, answering a call for hire, or carrying a passenger for hire.
It may be that Fife Council already insist on drivers wearing a seatbelt unaccompanied and that would certainly be a wise requirement, especially for taxi drivers driving in rural areas at night, who may have to go longer distances in the dark on more difficult side roads while on their own than their urban counterparts. You'd think that a sheriff conducting a Fatal Accident Enquiry would be a bit more sure of the rules in this regard before making such statements? I wonder how he concluded that Fife Council may have such a rule? |
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| Author: | Fae Fife [ Wed Mar 26, 2008 6:30 am ] |
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Had a disagreement with a punter a few hours ago - we were discusssing the wearing of seatbelts and I told him taxi drivers were exempt but he was adamant that the law had been changed recently and we weren't. Hopefully he'll read this in today's Courier, but I suspect he'll interpret it to say that the law has recently been changed and we're no longer exempt
Angry taxi drivers refuse to belt up By Claire Warrender KIRKCALDY TAXI drivers have refused to back a council initiative urging them to buckle up in their cabs. While members of the West Fife Taxi Owners Association are supporting the call for drivers to wear seatbelts, their Kirkcaldy counterparts fear such a move would compromise their safety. Although taxi drivers are exempt from wearing seatbelts when they are carrying passengers and seeking hire, Fife Council said last week they would like to see it happening as good practice. Councillor Gerry McMullan, chairman of the regulation and licensing committee, said, “Not only does wearing seatbelts set the right example for passengers, but if an accident happened it would keep you safe and, if you’re still in control of the car, then your passengers will be safer too.” Mr McMullan has described the Kirkcaldy association’s decision as disappointing and has offered to meet them for discussions. However, Arthur Wyllie, secretary of Kirkcaldy Taxi Owners Association, accused the local authority of having its priorities all wrong. “They want us to wear seatbelts for our safety but the reason we don’t wear them is for our safety,” he said. “It’s not against the law for us not to wear them as it’s a safety issue for drivers. Someone could strangle us from behind. If we’re assaulted we need to be able to get out the cab quickly.” Mr Wyllie said there was no compensation for drivers whose taxis were damaged by the public and suggested a scheme, similar to Pub Watch, whereby people who misbehaved were named and shamed and barred from taxis in the future. Kirkcaldy taxi driver Kim Skinner was in full agreement and said she had experienced a number of incidents while in her cab. The most recent, she said was at 3am on Friday when she stopped to pick up a hire in Charlotte Street, Kirkcaldy. “There was no sign of the taxi marshalls but there were about 30 people in the street waiting for taxis,” she said. “I’d picked up my hire and was about to drive away when a girl came out of the line saying she was sick waiting for a taxi and was freezing. “She came up and started kicking a hole in the back door of my taxi. I had to get out or the car would have been really damaged. “I get nothing out of it and have to foot the bill.” She added, “That’s not the first time something like that has happened. People seem to be allowed to do what they want and we get no respect, yet all the council can go on about is wearing seatbelts. It’s a joke and I’ll certainly not be wearing one.” Mr McMullan said, “This is an unfortunate decision by Kirkcaldy Taxi Owners Association but it’s not surprising. “However, if they feel so strongly about it that’s entirely up to them. The law is on their side.” He pointed out that a taxi driver was killed in an accident near Cupar in 2006, after his car left the road and overturned. A subsequent fatal accident inquiry heard Malcolm Dowds from Leven might have survived if he had been wearing his seatbelt, and Sheriff George Evans sug-gested the law could be changed so taxi drivers would have to wear their belts on rural roads at night. Mr McMullan added, “Given the fact a taxi driver died with no passengers and no seatbelt, where is the common sense of not asking their drivers to perhaps buckle-up on a return journey when they have dropped people off?” http://www.thecourier.co.uk/output/2008 ... 9591t0.asp |
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| Author: | gusmac [ Wed Mar 26, 2008 6:45 am ] |
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haven't they got anything better to do? |
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| Author: | Sussex [ Wed Mar 26, 2008 7:42 am ] |
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gusmac wrote: haven't they got anything better to do?
It would appear not.
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| Author: | The_Yeti [ Wed Mar 26, 2008 8:06 am ] |
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Fife coucillors want to concentrate on giving Cupar a fekkin' Taxi Rank, before they do anything else. Currently it is full of scaffold ( for 8 months now ), up a steep hill, on a dark side street, on the edge of the town center, on the wrong side of the road, and with zero passing trade. |
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| Author: | JD [ Wed Mar 26, 2008 2:42 pm ] |
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Is this the first cabbie in this area to have suffered a fatality since seat belts were made mandatory in around 1983? If so that's a pretty good safety record. Regards JD |
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| Author: | Fae Fife [ Thu Mar 27, 2008 2:24 am ] |
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The_Yeti wrote: Fife coucillors want to concentrate on giving Cupar a fekkin' Taxi Rank, before they do anything else.
Currently it is full of scaffold ( for 8 months now ), up a steep hill, on a dark side street, on the edge of the town center, on the wrong side of the road, and with zero passing trade. Never mind all that, I would have thought that the worst thing about the Cupar rank would be the presence of A****e
(Hope you're not him )
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| Author: | Sussex [ Thu Mar 27, 2008 7:55 am ] |
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Fae Fife wrote: (Hope you're not him
)If it is, then best you change your name from Fae.
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