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cabbyman
 Post subject:
PostPosted: Fri Jun 25, 2010 3:02 pm 
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Location: Hampshire (HC)
1) Given that we are talking about a Hackney Carriage Driver's Licence, is it ruled by a) LA conditions or b) byelaws?

2) Should failure to disclose be a specific condition/byelaw or can it be implied?
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Sussex
 Post subject: Re: Legal question.
PostPosted: Sat Jun 26, 2010 7:37 pm 
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Location: 1066 Country
captain cab wrote:
The LA adopt a new policy and it then includes drivers that may have had eyesight issues that are no longer acceptable under the new policy, but acceptable under the old one?

The driver would have a good case to keep his license providing he could get medical support for his continuation.

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Sussex
 Post subject: Re: Legal question.
PostPosted: Sat Jun 26, 2010 7:38 pm 
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captain cab wrote:
Has a driver a 'reasonable expectation' ?

Can the council use its discretion?

I say yes to both.

Yes, yes and yes.

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Sussex
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PostPosted: Sat Jun 26, 2010 7:45 pm 
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cabbyman wrote:
1) Given that we are talking about a Hackney Carriage Driver's Licence, is it ruled by a) LA conditions or b) byelaws?

2) Should failure to disclose be a specific condition/byelaw or can it be implied?

1). It will come under his 'fit and proper' status. So his existing license should be allowed to end in the normal time-scale, but they could refuse to re-issue.

2). The council should say that non-disclosure could lead to enforcement activities, and a court might well take a dim view of drivers that don't, even if the council doesn't stipulate non-disclosure is an offence.

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