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PostPosted: Mon Sep 04, 2023 9:55 pm 
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Hi all

Back again. Brother got caught by manned camera doing 44mph in a 40mph zone in April and received a FPN licence endorsed with 3 points he declared to council straight away. His badge is up for renewal on 15 Sept and was told late last week he’s been referred to licence sub committee as he had final warning issued in Nov 21 and was told then any further offence it’s a straight referral to licence sub committee.

So in Nov 21 my brother went to licence sub committee because he hadn’t declared SU08 not in proper control of vehicle 3 points £70 fine from Feb 2020 this wa picked up during random check. Context he moved one car length forward at taxi rank with one phone in hand and rail station police office gave him a FPN.

Has anyone got any advice on likely outcome? Panicking will lose his licence. Any other advice last time he took someone from taxi association but no one is available for the 12th Sept licence is up for renewal on 15th sept.

I personally think they were harsh at first committee to give him a final warning given the court took a lenient view and also their policy is very wishy washy and has a catch all criteria for referral “any other reason chief licence officer seems appropriate”

Their own policy defines the two convictions as minor offences and also states if been convicted of 3 offences in an 18 month period or licence period then they refer. Would they take a dim view if we try and challenge the referral?

Page 28 contradicts them refer for a first offence for Nov 21 and then again now. https://www.sheffield.gov.uk/sites/defa ... y-2018.pdf


The policy doesn’t even refer to a final warning refers to informal and formal warning and also states for formal warning if they receive more than 3 in a 3 year period they are auto referred to licence committee so are the officers applying the rules or just using the catch all clause to refer.

Thank you in advance

Nikki


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PostPosted: Tue Sep 05, 2023 10:11 am 
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He needs to attend the meeting and apologise.

Trying to get arsey with the wording of the policy will only pi** them off.

He got a final warning, he must have accepted it, so questioning the validity of that final warning now is just stupid.

He must also have been doing more than 44 in a 40 because the police don’t prosecute unless it’s +10% plus 1 or 2 mpg (depending on the police force concerned).

None of us are perfect drivers but if you are on a final warning you bloody well need to be.

I suspect he will get a short suspension, so maybe he needs to book a holiday.

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PostPosted: Tue Sep 05, 2023 1:50 pm 
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Hi

Agreed with all your points but why have a policy if you then apply the catch all we will use our discretion as that brings in to question fairness I work for the council myself but a different department we have to follow policy guidelines and only use catch all in extreme cases.

He is dyslexic so is not good with any meetings or documentation. Will see how it goes.

Thanks for your help.


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PostPosted: Tue Sep 05, 2023 7:16 pm 
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Councils up and down the country have badly written policies, which a lawyer at £200 an hour could pick holes in.

But no matter how bad the policy was written, the meaning of a final warning is clear to everyone, no matter how bad their understanding is.

It’s not the end of the world despite going to committee being very stressful.

But I would be amazed if he lost his license for good.

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PostPosted: Wed Sep 06, 2023 10:17 am 
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My advice would be to go to the meeting and be full of appologies and don't try anything clever. just be contrite.

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PostPosted: Wed Sep 06, 2023 6:48 pm 
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Sussex wrote:
He needs to attend the meeting and apologise.



He must also have been doing more than 44 in a 40 because the police don’t prosecute unless it’s +10% plus 1 or 2 mpg (depending on the police force concerned).



a true 44 mph would read maybe 48 on most speedometers as they all read high... just saying

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PostPosted: Wed Sep 06, 2023 6:48 pm 
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Sussex wrote:
He needs to attend the meeting and apologise.



He must also have been doing more than 44 in a 40 because the police don’t prosecute unless it’s +10% plus 1 or 2 mpg (depending on the police force concerned).



a true 44 mph would read maybe 48 on most speedometers as they all read high... just saying

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PostPosted: Thu Sep 07, 2023 8:06 pm 
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wannabeeahack wrote:

a true 44 mph would read maybe 48 on most speedometers as they all read high... just saying
We used to have 2 ex police cars which had calibrated speedos.

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PostPosted: Fri Sep 15, 2023 7:05 pm 
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grandad wrote:
wannabeeahack wrote:

a true 44 mph would read maybe 48 on most speedometers as they all read high... just saying
We used to have 2 ex police cars which had calibrated speedos.


those 105E Anglias went well

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PostPosted: Sat Sep 16, 2023 8:06 pm 
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wannabeeahack wrote:
grandad wrote:
wannabeeahack wrote:

a true 44 mph would read maybe 48 on most speedometers as they all read high... just saying
We used to have 2 ex police cars which had calibrated speedos.


those 105E Anglias went well

Renault Meganes.

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To support my charity text MAYORWALK to 70085 to donate £5


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