| Taxi Driver Online http://www.taxi-driver.co.uk/phpBB2/ |
|
| Help http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=27511 |
Page 1 of 2 |
| Author: | charles007 [ Wed Sep 02, 2015 5:09 pm ] |
| Post subject: | Help |
I have a problem that I need to address under sec 61 2a a council is allow to suspened or revoke if they suspend does that driver need to waite the 21 days before serving that suspention a council as said they most waite till the end of the 21 days. I dont think so to that end does any one know if there as been any case law on this I would be very gratfull for any help please. 
|
|
| Author: | mancityfan [ Wed Sep 02, 2015 7:58 pm ] |
| Post subject: | Re: Help |
Under section 61(3) of the Local Government (Miscellaneous Provisions) Act 1976 any person aggrieved by a decision to suspend, revoke or refuse to renew a private hire driver’s licence, may appeal to a magistrates court. Where an appeal is lodged against a decision to suspend, revoke or refuse to renew a driver's licence, Section 77 of the Act prevents such decision taking effect until the appeal is disposed of. Therefore a licence holder will be able to continue driving hackney carriage or private hire vehicles until 21 days after the Notice of the decision is given to them (unless an appeal is lodged, and then until the appeal is determined) Section 61 has subsequently been amended by Section 52 of the Road Safety Act 2006 to enable the suspension or revocation to take place with immediate effect [section 61(2B)] if it appears that this is in the interests of public safety. The Notice of suspension/revocation must state that this is so, and give an explanation of why an immediate suspension or revocation is required. In these circumstances the driver concerned would have no right to continue driving even if they were to lodge an appeal against the decision (unless/ until an appeal is upheld). |
|
| Author: | Chris the Fish [ Wed Sep 02, 2015 8:54 pm ] |
| Post subject: | Re: Help |
I don't know of any Case Law on it, but perhaps you could get the Driver to sign a letter waiving the right of appeal and so do the suspension as soon as it is accepted. Might be worth a try, it is acceptable in the Peoples Republic of Plymouth, but here it is the City of Plymouth 1975 Act and not the Miscellaneous Provisions 1976 Act that holds sway. |
|
| Author: | mancityfan [ Wed Sep 02, 2015 9:32 pm ] |
| Post subject: | Re: Help |
Section 300 controls the council Can be seen in section 77 LGMPA 1976 300 Appeals and other applications to courts of summary jurisdiction, and appeals to quarter sessions Appeals and applications to courts of summary jurisdiction. (1) Where any enactment in this Act provides— (a) for an appeal to a court of summary jurisdiction against a requirement, refusal or other decision of a council; or (b) for any matter to be determined by, or an application in respect of any matter to be made to, a court of summary jurisdiction, the procedure shall be by way of complaint for an order, and the Summary Jurisdiction Acts shall apply to the proceedings. (2) The time within which any such appeal may be brought shall be twenty-one days from the date on which notice of the council’s requirement, refusal or other decision was served upon the person desiring to appeal, and for the purposes of this subsection the making of the complaint shall be deemed to be the bringing of the appeal. (3) In any case where such an appeal lies, the document notifying to the person concerned the decision of the council in the matter shall state the right of appeal to a court of summary jurisdiction and the time within which such an appeal may be brought. |
|
| Author: | Chris the Fish [ Wed Sep 02, 2015 9:37 pm ] |
| Post subject: | Re: Help |
That clarifies the 21 days to appeal, but it does not say the right to appeal can or cannot be willingly surrendered. I think Charley wants (on behalf of his driver) to surrender the right and get the period of suspension to begin sooner. This is a regular occurrence here and the LA accommodate the request. |
|
| Author: | charles007 [ Wed Sep 02, 2015 9:46 pm ] |
| Post subject: | Re: Help |
Chris the Fish wrote: That clarifies the 21 days to appeal, but it does not say the right to appeal can or cannot be willingly surrendered. I think Charley wants (on behalf of his driver) to surrender the right and get the period of suspension to begin sooner. This is a regular occurrence here and the LA accommodate the request. i am of the view that it should be appeald but we have to ask ourselfs whether the cost of appeal out whays any benfit that may be ganed it could cost up to £600 and may end up with cost. This driver wants to start the suspention as he is going on holiday but council says he cant start until later this month. |
|
| Author: | captain cab [ Wed Sep 02, 2015 9:53 pm ] |
| Post subject: | Re: Help |
charles007 wrote: Chris the Fish wrote: That clarifies the 21 days to appeal, but it does not say the right to appeal can or cannot be willingly surrendered. I think Charley wants (on behalf of his driver) to surrender the right and get the period of suspension to begin sooner. This is a regular occurrence here and the LA accommodate the request. i am of the view that it should be appeald but we have to ask ourselfs whether the cost of appeal out whays any benfit that may be ganed it could cost up to £600 and may end up with cost. This driver wants to start the suspention as he is going on holiday but council says he cant start until later this month. I always thought the 21 days were statutory - the suspension starts at the end of the 21 days |
|
| Author: | mancityfan [ Wed Sep 02, 2015 9:58 pm ] |
| Post subject: | Re: Help |
captain cab wrote: charles007 wrote: Chris the Fish wrote: That clarifies the 21 days to appeal, but it does not say the right to appeal can or cannot be willingly surrendered. I think Charley wants (on behalf of his driver) to surrender the right and get the period of suspension to begin sooner. This is a regular occurrence here and the LA accommodate the request. i am of the view that it should be appeald but we have to ask ourselfs whether the cost of appeal out whays any benfit that may be ganed it could cost up to £600 and may end up with cost. This driver wants to start the suspention as he is going on holiday but council says he cant start until later this month. I always thought the 21 days were statutory - the suspension starts at the end of the 21 days So he has 21 days to carry on working and to appeal his suspension. |
|
| Author: | captain cab [ Wed Sep 02, 2015 10:01 pm ] |
| Post subject: | Re: Help |
mancityfan wrote: So he has 21 days to carry on working and to appeal his suspension. yes, but Charles is saying he accepts the decision and doesn't want to wait 21 days |
|
| Author: | mancityfan [ Wed Sep 02, 2015 10:07 pm ] |
| Post subject: | Re: Help |
I think Charles is not understanding? It will go to committee, where they might decide to revoke.but not knowing the full facts, it might be a suspension under a totting up? So who knows 
|
|
| Author: | captain cab [ Wed Sep 02, 2015 10:08 pm ] |
| Post subject: | Re: Help |
mancityfan wrote: I think Charles is not understanding? It will go to committee, where they might decide to revoke.but not knowing the full facts, it might be a suspension under a totting up? So who knows or it may have already happened 
|
|
| Author: | Chris the Fish [ Wed Sep 02, 2015 10:11 pm ] |
| Post subject: | Re: Help |
Well Charles has been online through all of this, so perhaps he can let us know if it has or hasn't happened yet. |
|
| Author: | captain cab [ Wed Sep 02, 2015 10:12 pm ] |
| Post subject: | Re: Help |
Chris the Fish wrote: Well Charles has been online through all of this, so perhaps he can let us know if it has or hasn't happened yet. I second that emotion https://www.youtube.com/watch?v=KI_0tQdEA5k |
|
| Author: | mancityfan [ Wed Sep 02, 2015 10:24 pm ] |
| Post subject: | Re: Help |
Good luck
|
|
| Author: | toots [ Wed Sep 02, 2015 10:32 pm ] |
| Post subject: | Re: Help |
I always thought if you were suspended it was immediate unless you notified the council of your intention to appeal, then it would after the appeal was heard if the decision was upheld by the court. How can the council say you're not fit & proper and not suspend straight away that's silly to me |
|
| Page 1 of 2 | All times are UTC [ DST ] |
| Powered by phpBB® Forum Software © phpBB Group http://www.phpbb.com/ |
|