Taxi Driver Online

My points were;

The drivers are already licensed drivers.

They have six points on their license.

They have not been disqualified by the courts from driving.

In view of these points, would an appeal, by an aggrieved driver or person to the courts on the grounds that the condition is unreasonable, be successful?

And, in the case of a HC driver it must be a byelaw & I doubt very much if the DfT lawyers would sanction such a byelaw.

So, in the case of a Craven HC, the council could well be acting 'ultra vires'.

But then, what's different about that where the majority of councils are concerned.

_________________
Kind regards,

Brummie Cabbie.

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Disagree with other members' views;
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The six points required for the penalty imposed by the L.A. would have to be in the same year. If for instance you had 3 points and the council renewed your badge and later you got 3 more points, the council cannot make you take the test. Once your badge is renewed you are considered fit and proper,
all older offences cannot then be held against you.

I disagree.

CC

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

http://www.bailii.org/ew/cases/EWHC/Admin/2006/306.html

http://www.bailii.org/ew/cases/EWHC/Admin/2004/2836.html

Thus, addressing the questions posed by the magistrates in their case stated, in my judgment the requirement to pass the DSA driving test was not a condition attached to the grant of a license which must be fulfilled before the Borough Council would consider whether or not to grant a hackney carriage driver's license. Rather, it was a policy which the District Council applied when considering whether an applicant was a fit and proper person to whom to grant or renew a license. Given that policy, the District Council was reasonably entitled to consider it necessary that it should receive information whether the applicant had or had not passed the DSA driving test. Accordingly, the requirement that the applicant should so inform the District Council was a requirement for information within section 57 of the 1976 Act.



CC

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