Taxi Driver Online

21 days kicks in from the moment the letter is recieved

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Yes I know the 21 days to appeal does but why wouldn't the suspension/revocation apply as soon as the letter arrives?

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Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

because a person has the right of appeal

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

Well that's weird they should be suspended until they file an intention to appeal

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Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

nope

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

At hearings with our Council, if the decision is to suspend or revoke it is explained that nothing will happen until the end of the 21 day period where upon the suspension or revocation will commence unless an appeal has been lodged. People need time to make decisions like this and to consult with trade reps or solicitors before deciding to lodge an appeal.

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Grandad,

You are right, spot on in fact. But if you decide an appeal is NOT GOING TO BE MADE you can state that in Plymouth and do the suspension to get it over and done with.

Charles wanted to know if there is Case Law on it. I don't think there is. If you appealed to cede the facility to appeal it would be the Magistrates, if you lost and it went to a Higher Court it would take so long to appeal to start a suspension early you would have done the suspension before you get there. All rather pointless really.

A sensible approach, as demonstrated by Plymouth, is far better surely?

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Chris The Fish

http://www.youtube.com/watch?v=Gdlyi5mc ... re=related

The only experience I've had of our system was when a driver I know was suspended and expecting to be so he already had letter in hand stating his intention to appeal so I don't know what our council do. It just seems to me that if you are suspended with no intention of appealing then crack on with it.

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Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

Right it went to committee and they revoked the drivers license. I found procedural Impropriety so the decision was set aside, when I took it back the committee gaive a one month suspension.

We know it says 21, but why does the driver have to wait 21 days if they or not appealing.

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C. Oakes


The Hackney Association Ltd
bbha@btinternet.com

This is the wording of the letter sent to drivers facing a suspension. It relates to the Plymouth City Council Act1975, the Miscellaneous Provisions Act 1976 was basically taken from ours. The last paragraph is the most important bit with regard to the question. Thanks to the Licensing Officer in Plymouth who was good enough to provide the blank form letter, as he pointed out I could have had it from a sinner and simply removed the name.

Quote.

Decision of the Taxi Licensing Committee

I am writing in connection with the review of the status of your ……………driver licence which was considered yesterday by members of the Taxi Licensing Committee.

Members have heard your representations and


Decision:
Hackney Carriage Byelaw 9a states that the driver of a Hackney Carriage shall behave in a civil and orderly manner.
In addition, s19 1(1) Plymouth City Council Act 1975 empowers the Council to suspend, revoke or refuse to renew the licence of a Hackney Carriage for any other reasonable cause.
Members have therefore decided to suspend your licence for ………..days and issue a warning to lie on your record to be brought before any future Taxi Committee.

You have the right of appeal to the Magistrates Court against the decision of the Council by virtue of Section 19(3) of the Plymouth City Council Act 1975. Your appeal should be lodged at the Magistrates Court within 21 days and must therefore be made by ……………. Should you decide to appeal, you should take this letter with you to request an appeal hearing. The Magistrates Court may require a fee, which you will be required to pay before they accept any appeal against the Council’s decision.

Should you not appeal within the 21 day period, then you shall be required on the 22nd day after the decision to suspend your licence, return your hackney carriage drivers badge and licence to the licensing office. This should be no later than the ………………. Once the suspension of your licence takes effect you will not be permitted to drive any vehicle licensed by this Council.

Should you wish to contact me to discuss this matter, or wish to forego your right of appeal and commence the suspension earlier than the dates above, please contact me on the number above to discuss.

Yours Faithfully

End Quote.


Plymouth, home of the enlightened.

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Chris The Fish

http://www.youtube.com/watch?v=Gdlyi5mc ... re=related

See section 37 re 1936 act ( but as you say the words of our act were copied from Plymouth anyway)
I don’t think that section 61 applies to Plymouth!!!!!

Not one word of the 1976 Act applies in Plymouth.

Section 61 in that Act is based on Section 19 in Plymouth.

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Chris The Fish

http://www.youtube.com/watch?v=Gdlyi5mc ... re=related