Taxi Driver Online

It's listed in S12 of their handbook, linky above. The licencing manager has discretion as to what he feels like passing as condition. It's clearly defined and in my opinion as a Member of the Institute of Road Transport Engineers,my car meets all those criteria. It's the overriding bit in S5.2.2 that needs to be proven as unreasonable.

Maybe a claim under EU regs preventing me from working? I don't see why I should be forced to buy another car costing say £18k to replace one that is perfectly fit for service.

I aint sure but im get the general feeling you'd have to complain about the policy - that may take a JR

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

I would say that if you feel that your vehicle is exceptional then you must appeal to the magistrates. I think you would win. The council will always tell you that you will lose because they don't want you to appeal. To go along the route of challenging the policy would be long and costly.

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Grandad,

A mags court will be able to deal with his refusal of license.

And the bench could, if they so wish, declare the policy unlawful.

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IDFIMH

As previous posters have suggested you should - make an application to relicense the vehicle. If the council refuse you have a right of appeal. The statutory right of appeal is to the magistrates however, if the council offer an appeal to the licensing committee I would accept that offer. (It shows that you, at least, are willing to co-operate) At the committee hearing you should be able to prove that the vehicle is worthy of licensing by producing the vehicle, and service record, for inspection by the committee. If the appeal is allowed all is well and good. If the appeal is refused then the right of appeal to the magistrates court kicks in again on the refusal by the committee to grant the application for a vehicle licence. A policy on age is only a set of guidelines, not hard and fast rules, and a council should be willing to step outside of the guidelines if they can show good grounds for doing so. If the vehicle is in good nick that should provide the grounds for stepping outside of the policy.

Thanks for the helpful advice above. there's no apparent appeal to the licencing committee. It seems Shepway don't want to lower themselves to that level and leave it to the mags as they know best!

However, I wrote to the 2 District Councillors who represent my area, are on the licencing committee and have had a positive response from one of them first thing this morning. It helps that one happens to have sat on the town council along with the mrs! I've also got the LPHCA involved at a high level.

It's another case of the rules not being fit for purpose.

I seem to remember case law on this ? And although they set limits when challenged they always seem to back down?

An aa report will also go in you favour? You could also read? Don't know if it's on here?
THE QUEEN
(ON THE APPLICATION OF MR LIONEL MORRIS)
- and -
NEWPORT CITY COUNCIL

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Of all the things ive lost, i miss my mind the most

That's very useful, thanks.

Meanwhile, one of the District councillors has phoned me saying there should be flexibility and he is surprised there isn't. He has passed copies of my emails to the leader of the DC and a couple of others.

ive got 30,000 miles left in mine, after that its goodnight vienna

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Of all the things ive lost, i miss my mind the most

You could fit a new clock )

Had a call back from the LC chairman who is prepared to "help small businesses". It appears the laws of unintended consequences" have been applied in this matter as no-one on the LC realised what the outcome would be when they invented these rules.

A meeting with the licencing manager was arranged quite a while ago but she left and has not been replaced. the current temporary Licencing Manager is actually the H&S Manager!! It appear my letter may have stirred them back into action, after all, at the last meeting with the LC Chairman I suggested they follow best practice guidelines but they ignored most of it.

the mileage is held in the ECU so thats a non-starter

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Of all the things ive lost, i miss my mind the most

took me THREE MONTHS to get an answer on minimum engine size limits, by which time id bought the mondeo but had wanted the 90PS Focus 1600cc (actually about 1598cc)

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Of all the things ive lost, i miss my mind the most