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PostPosted: Tue Mar 22, 2011 7:44 pm 
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Taxi driver 'did not know' that he was uninsured

A BURTON taxi driver has been ordered to pay more than £500 after he admitted he drove passengers while uninsured. Nadeem Ashfaq, 28, of Stafford Street, appeared before Burton Magistrates’ Court yesterday to plead guilty to driving without insurance.

The court heard that during a two-day period Ashfaq made a total of 30 journeys carrying fee-paying passengers. In the prosecution brought by East Staffordshire Borough Council’s licensing team, solicitor Angela Wakefield on behalf of the council, said Ashfaq suffered mechanical problems on his own licensed taxi before midnight on August 13, 2010.

From August 14 to 15, 2010, Ashfaq, who had been working for Horninglow Taxis at the time of the offence, decided to use a friend’s taxi as he was in Pakistan and the defendant had the keys.

Mrs Wakefield said: “On August 16 the council’s licensing team received a number of phone calls saying the driver was uninsured. They contacted him and he later wrote a letter admitting he had been driving without insurance.

“From the books of the taxi company it emerged he had carried passengers during period in question — 16 journeys on August 14, and 14 journeys on August 15. “He was interviewed at Burton Town Hall, but this did not take place until October 5 due to religious reasons.”

During the interview, the court heard he said he knew the car was licensed to his friend, but while he had his own licence he did not know that this did not cover him driving another vehicle.

Mrs Wakefield added: “He had made an assumption that his friend’s policy would cover him. He did not contact his friend for permission to use the car. This person later told him he should not have been driving it.”

Ashfaq, who was not represented, but spoke through his father, said: “It was a mistake, it was not wilfully done.”

The defendant already has three points for a pedestrian crossing offence in 2009, and was given another seven points, as well as a £200 fine, and ordered to pay £350 court costs and a £15 victim surcharge.

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PostPosted: Tue Mar 22, 2011 7:45 pm 
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Sussex wrote:
Ashfaq, who was not represented, but spoke through his father

](*,) ](*,) ](*,) ](*,)

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PostPosted: Tue Mar 22, 2011 8:03 pm 
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Location: Stamford Britains prettiest town till SKDC ruined it
Common practise round here amongst the asian drivers is to borrow a relatives car when theirs is off the road. I have often had arguments with other drivers that believe their insurance covers them to drive another persons vehicle third party as some car policies allow . I have never seen it permitted in any taxi policy i have held


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 Post subject: Asian Drivers
PostPosted: Tue Mar 22, 2011 8:13 pm 
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We had an insurance problem here in Manchester years ago. When a male taxi driver was sleeping through the day, the wife(s) used to use the PH car to shop and drive the kids about to school etc. They would have been uninsured because they had no MOT. The section 50 MOT exemption is only valid whist PH plates are fixed and the vehicle is being used as a PH vehicle. To stop this abuse a condition was attached to the PH licence that says it can only be driven by a PH badge holder. I still see it happen though on a weekly basis.


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 Post subject: Re: Asian Drivers
PostPosted: Tue Mar 22, 2011 8:21 pm 
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tom2907 wrote:
We had an insurance problem here in Manchester years ago. When a male taxi driver was sleeping through the day, the wife(s) used to use the PH car to shop and drive the kids about to school etc. They would have been uninsured because they had no MOT. The section 50 MOT exemption is only valid whist PH plates are fixed and the vehicle is being used as a PH vehicle. To stop this abuse a condition was attached to the PH licence that says it can only be driven by a PH badge holder. I still see it happen though on a weekly basis.

It happens with hundreds of PHVs in Brum on a daily basis!!

But I am very interested in the section 50 MOT exemption that you have quoted in your post!

Please tell me more; in fact please teach me.

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 Post subject: Re: Asian Drivers
PostPosted: Tue Mar 22, 2011 8:27 pm 
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tom2907 wrote:
We had an insurance problem here in Manchester years ago. When a male taxi driver was sleeping through the day, the wife(s) used to use the PH car to shop and drive the kids about to school etc. They would have been uninsured because they had no MOT. The section 50 MOT exemption is only valid whist PH plates are fixed and the vehicle is being used as a PH vehicle. To stop this abuse a condition was attached to the PH licence that says it can only be driven by a PH badge holder. I still see it happen though on a weekly basis.


Benson v Boyce

Any person driving a private hire vehicle for any purpose other than a prebooked vehicle fitness test must be a licensed private hire driver. All licences must be from same authority.

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 Post subject: Re: Asian Drivers
PostPosted: Tue Mar 22, 2011 8:45 pm 
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captain cab wrote:
tom2907 wrote:
We had an insurance problem here in Manchester years ago. When a male taxi driver was sleeping through the day, the wife(s) used to use the PH car to shop and drive the kids about to school etc. They would have been uninsured because they had no MOT. The section 50 MOT exemption is only valid whist PH plates are fixed and the vehicle is being used as a PH vehicle. To stop this abuse a condition was attached to the PH licence that says it can only be driven by a PH badge holder. I still see it happen though on a weekly basis.

Benson v Boyce

Any person driving a private hire vehicle for any purpose other than a prebooked vehicle fitness test must be a licensed private hire driver. All licences must be from same authority.

I know that bit; it's the section 50 MOT exemption I want info on please.

The thinking is ANPR, no MOT, no PH driver licence, bingo!!

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 Post subject: Re: Asian Drivers
PostPosted: Tue Mar 22, 2011 8:50 pm 
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Brummie Cabbie wrote:
I know that bit; it's the section 50 MOT exemption I want info on please.

The thinking is ANPR, no MOT, no PH driver licence, bingo!!


Isn't section 50 where a vehicle has been issued with a certificate of compliance by the council instead of an MOT.

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 Post subject: For Brummie
PostPosted: Tue Mar 22, 2011 11:14 pm 
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www.taxi-driver.co.uk/phpBB2/viewtopic.php?p=205326&sid.


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 Post subject: Re: For Brummie
PostPosted: Tue Mar 22, 2011 11:17 pm 
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tom2907 wrote:
www.taxi-driver.co.uk/phpBB2/viewtopic.php?p=205326&sid.


that link goes to this thread??????

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 Post subject:
PostPosted: Wed Mar 23, 2011 12:09 am 
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Sorry, meant to say we have done this last year, all the same posters, Deja Vue.

http://www.taxi-driver.co.uk/phpBB2/vie ... 29382ec8a9


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