Taxi Driver Online

Hi,does anyone know of any legal wording to help get my friend his badge.
He has been unemployed a long time and has had funding from "new deal" to help him back into work.they even metered his car up,nice.
Heres what happened
He read and filled in the crb exactly as it was supposed to be filled in,asked about criminal convictions etc he answered "no" which is correct.no where on the form if i recall does it ask about cautions.
he commited a minor[maybe major depends how you look at it] traffic offence 2 years ago and was cautioned,no points,no fines just a caution.[ tax disc was off his other car,he got nabbed on his way to tax it legit]:D
the local authority have refered his application to a comitee to decide his future,claiming he has commited an offence,and did not disclose it on his crb.nowere on his forms that he has mentions cautions,all that is mentioned is "convictions" for offences and even a major traffic offense can be awarded a badge with a strict warning acompanying it.i know he stands a good chance of having it over turned but making him wait a minimum of 4 more weeks is a bit harsh.
My queery was this,would it be worth advising him to go back and say something along the lines of he should be awarded his badge on.....???? grounds...this is where im stuck and what would be the best advise to give him as i feel the local council are way out of order on this...

If it doesn't say that he should mention any cautions on his application, then he doesn't need to mention any cautions on his application.

The problem with legal action, is that it would more than likely take longer than it would for the council to determine his application.

I would get your mate to ring the LOs boss, and speak to him/her. Or maybe get in contact with his local councillor.

Let's know what happens.

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IDFIMH

yeah thats what i meant ,sorry,my wording is maybe not so good.
i personally think he should go back to the LO asap and say he deserves his badge,what i was looking for was the best wording or course of action to advise him.
cheers

Whatever he does he must be civil, despite what he may feel.

I always think a face to face meeting is good. Then he can explain the situation fully, and tell the LO that he is out of work, and needs to work.

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IDFIMH

Ok ive been shown the info on the Local authorities website and each case will be decided upon its own merits.
there only guidance regarding motoring offences is for drivers with "convictions"
either being
(a) a minor offence,speeding,parking in restricted street,obstruction etc,licence issued with a warning for future conduct.
(b) a major offence, of an isolated incident including reckless driving,driving witout due care and attention etc,should normaly merit a warning as to the future driving and advise on the standard expected of a HC/PH vehicle driver.

Looks to me like my m8's decision has been unfairly made

He was definitely only cautioned then was he core?

If cautions don't have to be disclosed on the CRB form, then clearly he hasn't failed to disclose anything.

And if the LA only takes offences into account then there is no offence to answer to.

I'm not sure if an LA can still take cautions into account, but clearly not disclosing it on the forum can't be grounds for calling him in.

And it doesn't look as if your LAs guidlined should preclude him because there's no offence, and even a minor one shouldn't bar him.

Which LA is it?

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Taxi Driver Online
www.taxi-driver.co.uk

it seems to me that the committee in question must be aware of the law and feel that their actions are defendable.

Captain cab

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

come on [edited by admin] hell,

we have all filled in a CRB form, I have on here and it asks for cautions.

so the LA will be saying he is concealing material information. his offence is not the caution but him hiding it.

my bet he will be ok if he doesnt say anything stupid at committee, or he can appeal to the beaks.

but hes been stupid in not declaring.

lying the way through applications is not the best way to convince LAs that they are fit and proper persons and this application seems to be full of lies.

he had a crooked tax disc on his car whilst he was going to license it?

I am not that stupid neither are LA officers.

tell the truth the whole truth and nothing but the truth and stop bullshitting
and for gods sake dont ring licensing to change the story!

talk about hanging yourself.

Well many LAs are certainly not aware of the law in relation to restricted numbers

Are you claiming that no LA ever makes a mistake or always adheres to the law?

You'll see that my post was trying to elicit the facts, since it was clear that there was something amiss somewhere.

I haven't got a CRB form to hand, and since I'm whiter-than-white ( ) have never really needed to study the form in great depth.

But if what Yorkie says is true then clearly core has been misinformed about disclosure on the CRB form.

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Taxi Driver Online
www.taxi-driver.co.uk

Ok ill try and make this as clear and accurate as possible.
I have seen all his application forms,the websites ,tried to help him as much as poss with help pages and websites that are there for this purpose,ie listed for help in the aplication.
1.no where on the crb does it ask for information regarding a caution,there is a leaflet with his application that is a step by step guide to filling in his crb.it is basically a crb with help info on each section.
2.he was not caught going to licence his vehichle with a dodgey disc on his car,this was a 2 year old minor traffic offence that led to nothing more than a caution.
3.he did not hide nor conceal or lie on his forms
the help sites available clearly state,if you are asked if you have any criminal convictions or any unspent convictions please state yes/no
since you have no convictions you clearly do not have a criminal record and can tick "no" unless it specifically asks for cautions/reprimans/final warings,which in this case the crb application does "not".
this is from there own advisory help sites,the CRB,NACRO etc.

PS.He has decided to go back on the good advice of this post,will let you know the outcome.

hang on do you know what a caution is?

its a warning to be kept on file and used in court if there is like offences, to get one you have to admit guilt!

dont take the [edited by admin] pal! because you talk on here to people who know.

IN the citcumstances I would not give your mate a badge and I wiuld revoke yours !

if your mate had been prosecuted all this caution would be over now but cos its a caution its live.

you make light of this. you shouldnt.

keep saying there is nowhere to declare it there is on crb, but there is! and something you forget there is on badge application form.

No need for such strong words.
I came here for advice for a friend and i am told you think i should have my badge revolked.
I must correct you on a point regarding cautions on disclosure forms.
http://www.disclosure.gov.uk/docs/pdf/C ... 2_2003.pdf here is the crb.it does not ask for cautions.
also this section advises on the correct way to answer these forms.
http://www.communitytransport.com/gener ... faqs.htm#6
the badge application asks if you have any criminal convictions.
Maybe different for regions throughout the uk i cant answer for those.
A cautions is a future warning for your behaviour,which may be used against you if you comit an offense.
I have now got hold of his application pack,the crb help forms do not ask for cautions,nowhere at all does it mention any cautions on the crb,the crb FAQ site says if you arnt asked for cautions you are not oblidged to put them down as you have no criminal convictions.
secondly i was pointing out the LA guidelines do not include cautions but do include the issue of a badge for the conviction of minor traffic offences and even some major traffic offences,i am not defending his actions of 2 years ago but defending his aplication which i feel does not fall into the LA reasons for decline pending a commitee meeting as he is not a criminal nor has any convictions but a minor traffic caution that is 2 years old.
If this is the type of advise you offer to people trying to get back into employment then i suspect you do not believe people are entitled to make mistakes.
A conviction for EG speeding results in penalty points and a fine and the LO will issue a badge.
how can a caution for a traffic offence be deamed more serious than a conviction and result in the refusal of a badge.

have it your way all material information should be declared

you aand him are hanging yourselves over nothing

10 minutes of truth and soul bearing would sort this lot out

to get a caution you must accept guilt.

He's just phoned to say he has been awareded his badge on the grounds he has NO criminal convictions.

People who mislead more like

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Taxi Driver Online
www.taxi-driver.co.uk