Taxi Driver Online

City of Lincoln council have a blanket policy of refusing Taxi drivers a three year badge unless they have taken a level 2 btec in taxi driving.

They also have a blanket policy of refusing to issue a three year badge to any driver who has not, at their own expense, attended a course in safeguarding.

This blanket ban, came into force from February 2016, although a blanket ban on three year badges has in effect, been in force since the first of October 2015, which coincidentally was the date that the deregulation act 2015 came into force.

The blanket ban on three year drivers licences, means that the City of Lincoln council, in their infinite wisdom, will only issue a one year badge to taxi and ph drivers, until they have attended all modules at their own expense, of the level 2 btec course.

From October 2015, councils have been obliged to issue a three year badge to drivers, and could only issue a one year badge on an individual, case by case basis.

Blanket policies were outlawed in the deregulation act 2015, which states, quite clearly, and I quote,

"subsection (2) changes the law in such a way as to establish a standard duration of three years for taxi and private hire vehicle driver licenses. The section specifies that a licence may be granted for a period of less than three years, but only in the circumstances of an individual case, not because of a blanket policy"

Now, I am quite sure that the head of licensing, and his myriad staff, ran this blanket policy past the legal department of the City of Lincoln council, who know a thing or two about the law, and I am equally sure that the legal eagles pored over the deregulation act 2015, and found some kind of a legal loophole, that means that the council can flout the law of the land, and, refuse to issue a three year badge, because they have a blanket policy of only issuing one year badges.

It makes me wonder why the government went to all the trouble of increasing regulation by introducing the deregulation act 2015 which states that there is a standard duration of three years, when a council can drive a coach and horses through a massive loophole in the legislation, and continue to do exactly as they please.

Still, Councils know best, don't they?

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Former taxi driver

Rarely.

When you complain, remind them that a "Blanket Policy" means they have fettered their decisions - and that is not allowed either!

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Chris The Fish

http://www.youtube.com/watch?v=Gdlyi5mc ... re=related

the fish is right.

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

Lincoln is by no means the only rotten borough, I'm finding quite a few local authorities with their own interpretation of the law. Reigate and Banstead have a policy of one year licences for over 65's. Brentwood will only issue a three year licence, no one year option at all you must pay for a three year badge, no refunds for any unused portion. Both operating blanket policies, both in breach of the deregulation bill 2015.

I would advise you all to check your L A policy.

Oh, and by the way, just because Lincoln have not issued anything other than a one year licence to any driver who hasn't achieved the relevant qualification doesn't mean the council is operating a blanket policy, according to our licensing department, so there.

Looks like the ombudsman is next, where there is relevant case law.

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Former taxi driver

It is the deregulation act not bill.

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Grandad,

Slip of the tongue, grandad

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Former taxi driver

See the three rivers policy, to see how it's done.

I like Nicola already.

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Former taxi driver

I can tell from the distinct lack of interest amongst the regular, and irregular users of TDO, on the subject of three year badges, that it may be seen as an irrelevance to you.

Of course Plymouth and London are exempt from the MPA 1976 and therefore the changes brought about by the deregulation Act 2015 do not apply in those two fine cities.

It is clear from my research that the vast majority of licensing authorities in England and Wales really, really do not like this legislation, but no matter. You cannot pick'n'mix which laws you obey, and nor can they. Can they?

Well, it would seem that they think they can. And if they are willing to bend,(snap into two) this law, what else would they do in pursuit of their agenda?

There is no doubt in my mind that laws pertaining to the Taxi and Private Hire trade are a dogs breakfast, with laws going back to 1847, to 1976, and on to 2015, with more yet to come, if the government (pun intended) ever get their act together.

I am not particularly concerned wether or not you question your own particular head of licensing in your own particular area, I intend, with support to take the city of Lincoln council to task for breaking the law.

If you take the time to ask the question of your LA, you will in all probability find that they, in one way or another riding roughshod over the 2015 Act.

If you were told by your council, that you will be issued with a three year badge, but was told that you would have to attend annually to sign a declaration that you had not been a very naughty boy or girl, would you think that OK, or would you think, like me, that that was a one year badge in disguise?
(Not Lincoln)

If you were told that you could not have a three year badge because you are 65, or 70 years old, would you not think that this was age discrimination as well as a blanket policy?
(Not Lincoln)

But this is happening, in a parish near you.

I don't care that you don't care, it's fine.

But I do care. I've been pulled in front of the licensing committee a few times for pettifogging allegations, it's about time I pulled their reigns in.

Hey ho, let's go!

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Former taxi driver

Jimbo, I can only speak regarding the decisions taken by our authority on this matter and, despite all my disagreements regarding how they have come by the level of our fees, still arguing about that, the difference in the price of the 3 year license as opposed to the one year license here is about £10 which is to cover additional costs for checking some things annually whilst issuing a 3 year license. My own 3 year license was issued just before the new charges were implemented so if I had wanted a 1 year license it would have been £102.00 but my 3 year license still only cost £102.00 Something, I believe, our Council has got right. The fee has now been increased to £128 for a 1 year license and £138 for a 3 year license.

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Grandad,

I take your point, grandad.

Lincolns policy is £108 for one year, and £260 for a three year. Quite how a badge costs £152 more for a three rather than one year is beyond me. And the cost implication for some drivers, particularly new drivers is becoming unaffordable.

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Former taxi driver

I agree with you and if that was the situation here I would be fighting it.

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Grandad,

Personally it's not an irrelevance, it's just not top of the tree for me.

I have no problem with three year licenses, and do take a view that whilst we are all going to be overcharged for them (quite illegally I may add), in the end enforcement officers need to be paid.

What's the alternative?

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IDFIMH

They are allowed to pay for all reasonable enforcement costs from vehicle licensing fees.

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IDFIMH