Taxi Driver Online

UK cab trade debate and advice
It is currently Fri May 01, 2026 2:23 am

All times are UTC [ DST ]




Post new topic Reply to topic  [ 11 posts ] 
Author Message
PostPosted: Tue Mar 13, 2012 2:36 pm 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
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?

_________________
Grandad,


Top
 Profile  
 
PostPosted: Tue Mar 13, 2012 4:06 pm 
Offline
User avatar

Joined: Wed Sep 03, 2003 3:20 pm
Posts: 3272
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?


Top
 Profile  
 
PostPosted: Tue Mar 13, 2012 5:35 pm 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
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.

_________________
Grandad,


Top
 Profile  
 
PostPosted: Tue Mar 13, 2012 6:57 pm 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
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.

_________________
Grandad,


Top
 Profile  
 
PostPosted: Tue Mar 13, 2012 7:19 pm 
Offline
User avatar

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37494
Location: Wayneistan
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

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


Top
 Profile  
 
PostPosted: Tue Mar 13, 2012 9:25 pm 
Offline
User avatar

Joined: Wed Sep 03, 2003 3:20 pm
Posts: 3272
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


Top
 Profile  
 
PostPosted: Tue Mar 13, 2012 9:37 pm 
Offline
User avatar

Joined: Tue Oct 21, 2003 7:25 pm
Posts: 37494
Location: Wayneistan
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

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


Top
 Profile  
 
PostPosted: Tue Mar 13, 2012 10:24 pm 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
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

_________________
Grandad,


Top
 Profile  
 
PostPosted: Wed Mar 14, 2012 3:02 pm 
Offline

Joined: Tue Apr 03, 2007 11:27 pm
Posts: 20130
I have received an email from my insurers confirming that the driver must have a current badge.

_________________
Grandad,


Top
 Profile  
 
PostPosted: Wed Mar 14, 2012 8:19 pm 
Offline
User avatar

Joined: Wed Sep 03, 2003 7:30 pm
Posts: 57350
Location: 1066 Country
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.

_________________
IDFIMH


Top
 Profile  
 
PostPosted: Wed Mar 14, 2012 9:22 pm 
Offline
User avatar

Joined: Sat Apr 01, 2006 11:47 pm
Posts: 20858
Location: Stamford Britains prettiest town till SKDC ruined it
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

_________________
lack of modern legislation is the iceberg sinking the titanic of the transport sector


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 11 posts ] 

All times are UTC [ DST ]


Who is online

Users browsing this forum: No registered users and 250 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Jump to:  
Powered by phpBB® Forum Software © phpBB Group