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 Post subject: is it unlawfull
PostPosted: Wed Jan 14, 2009 11:05 pm 
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Location: Liverpool
to attach points to a hackney drivers licence, if so is there any court cases to back it up.

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The Hackney Association Ltd
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 Post subject:
PostPosted: Wed Jan 14, 2009 11:21 pm 
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do you mean to have points put on a DVLA driving licence or points put on (somehow) a LA taxi drivers badge?


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 Post subject: Hi
PostPosted: Wed Jan 14, 2009 11:27 pm 
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in the cab the middle seat bealt was pushed down the back of the seat and got some oil on it, was issued with 4 points on hackney drivers licence 3 on vehilce lincen. toal of 7.

i thought they could not attch any thing to a Hackney drivers licence with out change of bye- laws

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 Post subject: Re: is it unlawfull
PostPosted: Thu Jan 15, 2009 8:03 am 
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charles007 wrote:
to attach points to a hackney drivers licence, if so is there any court cases to back it up.

The council can't attach points to a DVLA license, but can attach their own version of points to their taxi/PH drivers license.

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 Post subject:
PostPosted: Thu Jan 15, 2009 8:54 pm 
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You should find something in your rules and regs or Bye-laws, but probably rules and regs.


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 Post subject: Re: is it unlawfull
PostPosted: Fri Jan 16, 2009 3:45 am 
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charles007 wrote:
to attach points to a hackney drivers licence, if so is there any court cases to back it up.
advice from the late Norman Deegan, Chairman of NTA;

“May I say at the outset a judgement of the the Queens Bench Divisional Court, namely the Watham v Neath Port Talbot County Borough Council (2002) has concluded that a licensing authority does not have the authority to attach conditions to a hackney carriage drivers licence. This is a case stated precedent, therefore ******* Council cannot attach any conditions to your hackney carriage driver’s license. They may however attach conditions to your vehicle licence, but such conditions may only relate to the vehicle.”

This means basically a council cannot set additional conditions to a Drivers Badge over than those in force nationally unless a bylaw is put forward, that at the moment would require authorisation from the secretary of state. There are current proposals to remove this safeguard and allow council free range to set their own bylaws as they see fit.

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