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appeals process and drivers badge
http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=18749		 Page 1 of 1
Author:  grandad [ Tue Mar 13, 2012 2:36 pm ]
Post subject:  appeals process and drivers badge
I have mentioned before about one of our drivers who was convicted of benefit fraud last year. The council are trying to revoke his drivers badge at the moment and he has appealed to the magistrates court to try to get this revokation overturned. The current position is that his drivers badge is due for renewal on April 12th, which also happens to be the date for the next stage of the appeals process. I am not sure if this is a directions hearing or the full appeal.
However, I was talking to one of our enforcement officers this morning and she told me that the council will not look at renewing the drivers badge until the outcome of the appeal is known.
Are the council right to refuse to renew the badge?
Author:  Dusty Bin [ Tue Mar 13, 2012 4:06 pm ]
Post subject:  Re: appeals process and drivers badge
So you're saying that if the expiry date was in six months (say) then because of the appeals process he'd still have a badge?

I can't see how they can use the random nature of the expiry date to effectively revoke the licence.

Sounds very like the similar question you asked the other day regarding the plate?
Author:  grandad [ Tue Mar 13, 2012 5:35 pm ]
Post subject:  Re: appeals process and drivers badge
Dusty Bin wrote:
So you're saying that if the expiry date was in six months (say) then because of the appeals process he'd still have a badge?

I can't see how they can use the random nature of the expiry date to effectively revoke the licence.

Sounds very like the similar question you asked the other day regarding the plate?

Yes, if his badge ran to say September, he would be allowed to continue driving until the outcome of the appeal. (assuming that the appeal was sorted by then)
I did ask the enforcement officer about the vehicle plate situation this morning and as far as the council are concerned they took legal advice and said that the vehicle could be used with the expired plate.
Author:  grandad [ Tue Mar 13, 2012 6:57 pm ]
Post subject:  Re: appeals process and drivers badge
I have had an email from the licensing officer. If the appeals process continues after the 12th April, the driver will still be able to drive but the council will not issue him with another badge. The will just take no enforcement action against him. As I see this it would give me a problem because he uses one of my cars. My insurance will only cover drivers who hold a current badge.
Author:  captain cab [ Tue Mar 13, 2012 7:19 pm ]
Post subject:  Re: appeals process and drivers badge
I understand they must issue him with a new license until the appeals process is completed, if an application to renew has not been received there is no license, a court nor council cannot extend the duration of the license.

They should issue the license subject to the appeals process.

They have already premitted the driver to drive and therefore dont see him as a danger to the public.

CC
Author:  Dusty Bin [ Tue Mar 13, 2012 9:25 pm ]
Post subject:  Re: appeals process and drivers badge
grandad wrote:
I did ask the enforcement officer about the vehicle plate situation this morning and as far as the council are concerned they took legal advice and said that the vehicle could be used with the expired plate.


grandad wrote:
I have had an email from the licensing officer. If the appeals process continues after the 12th April, the driver will still be able to drive but the council will not issue him with another badge. The will just take no enforcement action against him. As I see this it would give me a problem because he uses one of my cars. My insurance will only cover drivers who hold a current badge.


So according to your council a vehicle can operate legally without having a licence, and a driver can drive legally without having a licence, as long as the expired licences are under appeal :-k
Author:  captain cab [ Tue Mar 13, 2012 9:37 pm ]
Post subject:  Re: appeals process and drivers badge
Dusty Bin wrote:

So according to your council a vehicle can operate legally without having a licence, and a driver can drive legally without having a licence, as long as the expired licences are under appeal :-k


I dont think his council have though this through. :lol:

CC
Author:  grandad [ Tue Mar 13, 2012 10:24 pm ]
Post subject:  Re: appeals process and drivers badge
Dusty Bin wrote:
grandad wrote:
I did ask the enforcement officer about the vehicle plate situation this morning and as far as the council are concerned they took legal advice and said that the vehicle could be used with the expired plate.


grandad wrote:
I have had an email from the licensing officer. If the appeals process continues after the 12th April, the driver will still be able to drive but the council will not issue him with another badge. The will just take no enforcement action against him. As I see this it would give me a problem because he uses one of my cars. My insurance will only cover drivers who hold a current badge.


So according to your council a vehicle can operate legally without having a licence, and a driver can drive legally without having a licence, as long as the expired licences are under appeal :-k

Absolutely. It's good here isn't it. #-o
Author:  grandad [ Wed Mar 14, 2012 3:02 pm ]
Post subject:  Re: appeals process and drivers badge
I have received an email from my insurers confirming that the driver must have a current badge.
Author:  Sussex [ Wed Mar 14, 2012 8:19 pm ]
Post subject:  Re: appeals process and drivers badge
grandad wrote:
I have had an email from the licensing officer. If the appeals process continues after the 12th April, the driver will still be able to drive but the council will not issue him with another badge. The will just take no enforcement action against him. As I see this it would give me a problem because he uses one of my cars. My insurance will only cover drivers who hold a current badge.

No no no no no, a thousand time no. [-X

If a license runs out then he can't drive.

The council can and should issue a 1/2/3 month badge.
Author:  edders23 [ Wed Mar 14, 2012 9:22 pm ]
Post subject:  Re: appeals process and drivers badge
I remember a similar situation with skdc when crb's were taking 12 weeks plus and they refused to issue the badge until the crb came through but authorised the driver to continue on his old one !!!! this happened to 5 drivers including me it is ridiculous it is not that difficult to revoke a badge just laziness because the enforcement officer doesn't want the hastle
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