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Is the LA's action legal? Has he any avenues of appeal/reinstatement open to him?

we also have 2 drivers in our district with only one eye.

In my view it's legal if the council has a policy in place, and even if thgey didn't they can take his license away due to non-disclosure.

He can appeal to the Mags court, but if he didn't inform the council about his illness, then it will be a hard to succeed.

Sussex wrote:

What about, and this may have already been asked.

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?

CC

I suspect the Non-Disclosure was the reason. The LA will use this as the ace up the sleeve if it went to court. I think the driver would be advised to appeal the decision, through the LA appeals system.
He could quote other bodies that allow ppl to drive with only one eye i.e. DVLA, VOSA. Having already licensed him previously the LA would be on thin ice. I think they will hope the driver in question just slips away quietly without a whimper.

we also have 2 drivers in our district with only one eye.

A driver declared about 3-5 years ago that he was nearly blind in one eye.

He is now totally blind in that eye but, as he hasn't yet had a periodic medical, has failed to inform the LA, a 'public spirited' colleague did that for him!! The LA have removed his HC licence with immediate effect because the authority use group 2 medical standards (??).

Is the LA's action legal? Has he any avenues of appeal/reinstatement open to him?

grandad wrote:

we also have 2 drivers in our district with only one eye.

we've got a one armed driver in ours. does that make it a draw with 'tone? :lol:

grumpy wrote:

grandad wrote:

we also have 2 drivers in our district with only one eye.

we've got a one armed driver in ours. does that make it a draw with 'tone? :lol:

Ah but how many drivers have you got with one BALL :lol:

stationtone wrote:

grumpy wrote:

grandad wrote:

we also have 2 drivers in our district with only one eye.

we've got a one armed driver in ours. does that make it a draw with 'tone? :lol:

Ah but how many drivers have you got with one BALL :lol:

Strangly, that has never come up in conversation.

Author:	cabbyman [ Thu Jun 24, 2010 5:37 pm ]
Post subject:	Legal question.
A driver declared about 3-5 years ago that he was nearly blind in one eye. He is now totally blind in that eye but, as he hasn't yet had a periodic medical, has failed to inform the LA, a 'public spirited' colleague did that for him!! The LA have removed his HC licence with immediate effect because the authority use group 2 medical standards (??). Is the LA's action legal? Has he any avenues of appeal/reinstatement open to him?

Author:	Stationtone [ Thu Jun 24, 2010 5:40 pm ]
Post subject:
I am not sure about the legality of taken his badge of him but in Dundee we have two drivers who have only one eye.We also have another driver who has only one arm.

Author:	grandad [ Thu Jun 24, 2010 8:33 pm ]
Post subject:
we also have 2 drivers in our district with only one eye.

Author:	Sussex [ Thu Jun 24, 2010 8:53 pm ]
Post subject:	Re: Legal question.
cabbyman wrote: Is the LA's action legal? Has he any avenues of appeal/reinstatement open to him? In my view it's legal if the council has a policy in place, and even if thgey didn't they can take his license away due to non-disclosure. He can appeal to the Mags court, but if he didn't inform the council about his illness, then it will be a hard to succeed. I wish him well.

Author:	wannabeeahack [ Thu Jun 24, 2010 10:02 pm ]
Post subject:
grandad wrote: we also have 2 drivers in our district with only one eye. each, or between them?... if each, can they double-man and claim a working pair?..

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Author:	captain cab [ Thu Jun 24, 2010 10:11 pm ]
Post subject:	Re: Legal question.
Sussex wrote: In my view it's legal if the council has a policy in place, and even if thgey didn't they can take his license away due to non-disclosure. He can appeal to the Mags court, but if he didn't inform the council about his illness, then it will be a hard to succeed. What about, and this may have already been asked. 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? CC

Author:	Smoked Glass [ Thu Jun 24, 2010 10:35 pm ]
Post subject:	Re: Legal question.
captain cab wrote: Sussex wrote: In my view it's legal if the council has a policy in place, and even if thgey didn't they can take his license away due to non-disclosure. He can appeal to the Mags court, but if he didn't inform the council about his illness, then it will be a hard to succeed. What about, and this may have already been asked. 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? CC I suspect the Non-Disclosure was the reason. The LA will use this as the ace up the sleeve if it went to court. I think the driver would be advised to appeal the decision, through the LA appeals system. He could quote other bodies that allow ppl to drive with only one eye i.e. DVLA, VOSA. Having already licensed him previously the LA would be on thin ice. I think they will hope the driver in question just slips away quietly without a whimper.

Author:	captain cab [ Thu Jun 24, 2010 10:39 pm ]
Post subject:	Re: Legal question.
Smoked Glass wrote: I suspect the Non-Disclosure was the reason. The LA will use this as the ace up the sleeve if it went to court. I think the driver would be advised to appeal the decision, through the LA appeals system. He could quote other bodies that allow ppl to drive with only one eye i.e. DVLA, VOSA. Having already licensed him previously the LA would be on thin ice. I think they will hope the driver in question just slips away quietly without a whimper. There's been a case here and the driver lost his badge, as the LA brought in the new (at the time) DVLA group 2 (I think) medical. The point I make is, if the driver declared the problem, just because a LA raises the bar, should that mean a driver can no longer be licensed, even though the eyesight issue was never a problem before the new policy? Has a driver a 'reasonable expectation' ? Can the council use its discretion? I say yes to both. CC

Author:	grumpy [ Fri Jun 25, 2010 12:22 am ]
Post subject:
grandad wrote: we also have 2 drivers in our district with only one eye. we've got a one armed driver in ours. does that make it a draw with 'tone?

Author:	Brummie Cabbie [ Fri Jun 25, 2010 1:08 am ]
Post subject:	Re: Legal question.
cabbyman wrote: A driver declared about 3-5 years ago that he was nearly blind in one eye. He is now totally blind in that eye but, as he hasn't yet had a periodic medical, has failed to inform the LA, a 'public spirited' colleague did that for him!! The LA have removed his HC licence with immediate effect because the authority use group 2 medical standards (??). Is the LA's action legal? Has he any avenues of appeal/reinstatement open to him? If your LA uses the 'Red Book' as I know it (the same one as for lorry drivers), & depending on the length of time he has been a licensed driver, then I'm pretty sure that they have 'grandfather rights' in those & the fact that he has previously advised them of the problem is in his favour. The big question in my mind is; has he informed DVLA of his old problem (failing sight in one eye), his now new problem (total loss of sight in one eye) & if so have they let him keep his DVLA licence, asked him to be re-assessed & generally what is the situation with his DVLA licence. Because if he has made a full disclosure to DVLA, which he should have done, & they have not banned him from driving on the roads, then the licence should not have been taken from him due to the 'grandfather rights', IF he has been a licensed driver LONGER than the adoption of the 'Red Book' medical by the LA.

Author:	Stationtone [ Fri Jun 25, 2010 1:09 am ]
Post subject:
grumpy wrote: grandad wrote: we also have 2 drivers in our district with only one eye. we've got a one armed driver in ours. does that make it a draw with 'tone? Ah but how many drivers have you got with one BALL

Author:	MR T [ Fri Jun 25, 2010 2:35 am ]
Post subject:	Re: Legal question.
cabbyman wrote: A driver declared about 3-5 years ago that he was nearly blind in one eye. He is now totally blind in that eye but, as he hasn't yet had a periodic medical, has failed to inform the LA, a 'public spirited' colleague did that for him!! The LA have removed his HC licence with immediate effect because the authority use group 2 medical standards (??). Is the LA's action legal? Has he any avenues of appeal/reinstatement open to him? You have to look at the council's policy regarding medicals... for example... if the council says that a driver must have a medical every five years and that he must pass at group 2 standard and that is all they say .....he would have grounds for appeal .... because they would not have said he must notify them of any changes in between medicals........ it's all in the wording....

Author:	grandad [ Fri Jun 25, 2010 6:16 am ]
Post subject:
stationtone wrote: grumpy wrote: grandad wrote: we also have 2 drivers in our district with only one eye. we've got a one armed driver in ours. does that make it a draw with 'tone? Ah but how many drivers have you got with one BALL Strangly, that has never come up in conversation.

Author:	toots [ Fri Jun 25, 2010 11:42 am ]
Post subject:
grandad wrote: stationtone wrote: grumpy wrote: grandad wrote: we also have 2 drivers in our district with only one eye. we've got a one armed driver in ours. does that make it a draw with 'tone? Ah but how many drivers have you got with one BALL Strangly, that has never come up in conversation. Or no BALLS at all as the case may be

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Author:	skippy41 [ Fri Jun 25, 2010 2:44 pm ]
Post subject:
Could he bring the case under the DDA, I think he could and get loads of compo