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PostPosted: Wed Jan 23, 2013 1:04 am 
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Cardiff Taxi Driver Prosecuted for Refusing a Fare



Cardiff Council has successfully prosecuted a taxi driver who refused to take a fare to the Tremorfa area of Cardiff.

During a hearing at Cardiff Magistrates Court yesterday (January 15, 2013), Mohammed Nabi was found guilty of refusing to take a fare to Tremorfa on April 7, 2012. He was fined £200 and ordered to pay court costs of £525.

Under the Town and Police Clauses Act 1847, it is an offence for a Hackney Carriage driver (black and white taxi) to refuse a fare that starts and ends within the city boundary without reasonable excuse.

Mr Nabi’s defence was that he refused the fare because there had been a number of violent incidents against taxis in the Tremorfa area.

After hearing all the evidence, the Magistrates decided that it was only reasonable to refuse a fare if the circumstances of that particular fare were such that the driver could be in danger. It was not considered reasonable to refuse a fare on the off-chance that there could be a problem.

As such, the Magistrates deemed that it would be unlawful to operate a blanket ban on a whole area.

Councillor Derrick Morgan, Chair of Cardiff Council’s Licensing and Public Protection Committee, said: “The council is supportive of any measures that protect the health and safety of drivers and passengers, including the installation of CCTV systems and radios in taxis and private hire vehicles. Indeed, such systems have already been approved for use by the Council’s Public Protection Committee.

“Other measures the Council has implemented to help enhance safety and protect drivers include the City Centre Ambassador scheme and taxi marshalling system, which operate in the city centre over busy weekend periods and at major events.

“However, the law is the law and the Council has a legal duty to ensure that drivers of licensed vehicles do not breach the regulations. We will therefore initiate legal proceedings against any hackney carriage driver that refuses a fare without reasonable grounds.”

Cllr Morgan added: “Drivers must weigh up their own perception of health and safety risks associated with each job. It is reasonable for drivers to refuse a fare in circumstances such as where the passenger is drunk or acting aggressively. However, it is not lawful for drivers to place a blanket ban on a particular area of the city.”

source: http://www.thepennypost.co.uk/

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PostPosted: Wed Jan 23, 2013 2:49 am 
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What will Cllr Morgan say if this driver does get attacked on his next job to this area?

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PostPosted: Wed Jan 23, 2013 3:04 am 
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A cab got smashed up by a gang of scroats, another was attacked within a short time of that incident + the area has got quite a chequered history. As ever the police caught no one - ohh sorry.........except the driver who forgot to arrive in court, in a wheelchair or coffin - to prove he was right.

To my mind he has to appeal - as he is his own risk assessment advisor.

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PostPosted: Wed Jan 23, 2013 10:19 am 
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Its a shame the driver didnt say he felt threatened/intimidated by the passenger as i dont think he then would have been found guilty.Personally if i dont like the look of someone they aint going.


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PostPosted: Wed Jan 23, 2013 11:12 am 
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It looks like the normal story, a driver without Union representation being trod on by a council, surely witnesses should have been called to substantiate the drivers fears of the area he declined to drive to? and to produce evidence of the appalling lack of police effectiveness in that area. This could be just the catalyst required to instigate effective Driver representation if handled correctly. No Driver should be treated in such an appalling manner which once again raises my serious concerns over the JP's and Magistrates in the UK, unfit for purpose? :evil:

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PostPosted: Wed Jan 23, 2013 11:16 am 
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blackpool wrote:
Its a shame the driver didnt say he felt threatened/intimidated by the passenger as i dont think he then would have been found guilty.Personally if i dont like the look of someone they aint going.



I agree

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PostPosted: Wed Jan 23, 2013 11:22 am 
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captain cab wrote:
blackpool wrote:
Its a shame the driver didnt say he felt threatened/intimidated by the passenger as i dont think he then would have been found guilty.Personally if i dont like the look of someone they aint going.



I agree


I'd have said he was pi$$ed, abusive, smelly...whatever. Sometimes the truth isn't the best approach :oops:

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PostPosted: Wed Jan 23, 2013 11:28 am 
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http://www.lgcplus.com/lgc-news/top-jud ... 32.article

EDEN DISTRICT COUNCIL v. DOUGLAS BRAID [1998] EWHC Admin 528 (12th May, 1998)

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PostPosted: Wed Jan 23, 2013 11:48 am 
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I don't like subscribing :D

http://judgmental.org.uk/judgments/EWHC ... n_528.html.

Yep, that'll work too.

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PostPosted: Wed Jan 23, 2013 1:36 pm 
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captain cab wrote:
http://www.lgcplus.com/lgc-news/top-judge-rejects-eden-dcs-appeal-over-over-loaded-taxi/1462432.article

EDEN DISTRICT COUNCIL v. DOUGLAS BRAID [1998] EWHC Admin 528 (12th May, 1998)


and theres me thinking yer had half a BRAIN capt surely a couple of demos and some civil disobedience is called for ???????????????????????????????????????????? :D

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PostPosted: Wed Jan 23, 2013 3:39 pm 
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trotskys twin wrote:
captain cab wrote:
http://www.lgcplus.com/lgc-news/top-judge-rejects-eden-dcs-appeal-over-over-loaded-taxi/1462432.article

EDEN DISTRICT COUNCIL v. DOUGLAS BRAID [1998] EWHC Admin 528 (12th May, 1998)


and theres me thinking yer had half a BRAIN capt surely a couple of demos and some civil disobedience is called for ???????????????????????????????????????????? :D


you offering to lead the march?

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PostPosted: Wed Jan 23, 2013 5:31 pm 
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wannabeeahack wrote:
trotskys twin wrote:
captain cab wrote:
http://www.lgcplus.com/lgc-news/top-judge-rejects-eden-dcs-appeal-over-over-loaded-taxi/1462432.article

EDEN DISTRICT COUNCIL v. DOUGLAS BRAID [1998] EWHC Admin 528 (12th May, 1998)


and theres me thinking yer had half a BRAIN capt surely a couple of demos and some civil disobedience is called for ???????????????????????????????????????????? :D


you offering to lead the march?


FOR A FEE NATURALLY, WOULDNT BE THE FIRST TIME, WHAT YER FANCY INVADE THE COUNCIL CHAMBER BLOCK ALL THE ROADS DO THE TV STUDIOS LOCAL RADIO?? EVEN BRING SOME SEMTEX IF YER LIKE!!

BUT HOLD ON THIS IS WALES GUTLESS CENTRE OF THE UNIVERSE :badgrin: THEY ALWAYS BOTTLE IT THAT MOB BAAAAAAAAAAA :badgrin:

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PostPosted: Wed Jan 23, 2013 7:41 pm 
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I think history says otherwise plenty of welshmen killed in the past standing up for their rights or defending the country the same as any part of the UK. The trouble is in this day and age you cannot trust the media for vilifying you and making you look like a traitor for standing up for your rights so most people won't

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PostPosted: Thu Jan 24, 2013 2:35 am 
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edders23 wrote:
I think history says otherwise plenty of welshmen killed in the past standing up for their rights or defending the country the same as any part of the UK. The trouble is in this day and age you cannot trust the media for vilifying you and making you look like a traitor for standing up for your rights so most people won't


You are right, it is just Trotsky doing his usual wind up.

Basically people the world over are frustrated with governments! and then it trickles down the line to local government i.e Councils.

As they say, and I am really beginning to believe and understand it, the rhetoric of ( one mans terrorist - is another mans freedom fighter). You have to look at the overall big picture! I see that Cameron will give us in (5 years if elected :roll: ) a chance to vote on the Euro Union!! It is no more than a game to buy time...............and to screw us all more and more - and of course the Councils have their blessing to do it (backed up by law, to suit).

Apart from Trotsky ( and we really do need more like him (ie. on a reign) - yes I do mean it), the Unions are standing by and watching us being dumped on.

Back some years ago I approached via the Telephone a Union as I felt we needed backing, I felt that they could have signed up a lot of drivers with no problem whatsoever! The truth of the matter was, they are too lazy to get off of their own ar$e$ to make their own business grow larger. Their attitude was..............if you need us,then you come to us!!!!!!!!!!!!!!! To a point it is YES! If numbers are declining as they have, then you should go and get the members to make your business grow.

Nothing will change until the Unions grow their own business properly by recruiting new members, and to also show that they mean business for the benefit of its members, and to then show most of all......................THEY ARE NOT SUCKING UP TO ANY GOVERNMENT, by refusing the grants/bribes that they receive, to keep things quiet.

Organise - Organise - Organise!!!!!!!!!!!!!!!!!!

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PostPosted: Thu Jan 24, 2013 12:36 pm 
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cabby john wrote:
edders23 wrote:
I think history says otherwise plenty of welshmen killed in the past standing up for their rights or defending the country the same as any part of the UK. The trouble is in this day and age you cannot trust the media for vilifying you and making you look like a traitor for standing up for your rights so most people won't


You are right, it is just Trotsky doing his usual wind up.

Basically people the world over are frustrated with governments! and then it trickles down the line to local government i.e Councils.

As they say, and I am really beginning to believe and understand it, the rhetoric of ( one mans terrorist - is another mans freedom fighter). You have to look at the overall big picture! I see that Cameron will give us in (5 years if elected :roll: ) a chance to vote on the Euro Union!! It is no more than a game to buy time...............and to screw us all more and more - and of course the Councils have their blessing to do it (backed up by law, to suit).

Apart from Trotsky ( and we really do need more like him (ie. on a reign) - yes I do mean it), the Unions are standing by and watching us being dumped on.

Back some years ago I approached via the Telephone a Union as I felt we needed backing, I felt that they could have signed up a lot of drivers with no problem whatsoever! The truth of the matter was, they are too lazy to get off of their own ar$e$ to make their own business grow larger. Their attitude was..............if you




need us,then you come to us!!!!!!!!!!!!!!! To a point it is YES! If numbers are declining as they have, then you should go and get the members to make your business grow.

Nothing will change until the Unions grow their own business properly by recruiting new members, and to also show that they mean business for the benefit of its members, and to then show most of all......................THEY ARE NOT SUCKING UP TO ANY GOVERNMENT, by refusing the grants/bribes that they receive, to keep things quiet.

Organise - Organise - Organise!!!!!!!!!!!!!!!!!!


Glad you spotted me provocation John this issue where hard working valuable members of the community ie cab drivers are dumped ON by the Police and Licensing Authorities makes me skin crawl!

To my mind having an area in a City never mind a Capital City that is a NO GO AREA is disgusting and then to prosecute a worker and put his livelihood at risk by fining that worker not being prepared to put his safety at risk due to THEIR INADEQUACY is deplorable.

But what really grates is the attitude of the cabbies themselves they are ALL at risk what happened to this guy could happen to any of them at any time, being found guilty of this offence could enable the LA to remove their License !ffs.

This issue of an un policeable area is POLITICAL DYNAMITE its the type of issue I dream of the opportunities are boundless :D

So what have we got 3000 5000 I dont know hacks ALL NOW at immediate risk of losing their license or being beaten up robbed or even murdered on the job wonderful ? Several demos a bit civil disobedience your headlines and the authorities are on the retreat I don't see how you can lose this one ffs.

As for your reasoning on Union's well lets put it this way you buy a motor in most respects its ace but it needs more poke you super chip it problem solved, its the same with a Union its needs tuning up so you and your fellow cabbies join YOUR the superchip a Union will only be as good as its members it could be THEM who makes the difference its no good expecting others to have the knowledge you and other cabbies have THEY ARE THE FINE TUNING :D

I HAVE SOME CONTACTS DOWN THERE IF ANYONE PM'S ME THEIR PHONE NUMBER I COULD PASS THEM ON :D

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