Taxi Driver Online

Taxi driver wins bus gates fine battle against Kirklees Council

https://www.examinerlive.co.uk/news/wes ... s-17605428

Mohammed Naim takes case to independent adjudicator after council refuses to cancel fines


Image: Huddersfield Examiner

A taxi driver, who was fined for driving through a bus gate, has won a battle to have his tickets cancelled.

Mohammed Naim was caught driving his hackney carriage through a bus gate on Market Street, in Huddersfield town centre, on two occasions in October.

Hackney carriages – taxis which are licensed to ply for hire – are permitted to drive through the bus gate and use the bus lane.

But Kirklees Council issued two £60 fines as Mr Naim had failed to display a taxi sign on the roof of his Vauxhall Astra.

Mr Naim appealed to the council saying his vehicle was a hackney carriage regardless of whether it was carrying a taxi sign on the roof.

Kirklees Council, however, upheld the penalty charges saying: "Hackney carriage vehicles are authorised to access bus gates in Huddersfield but only when they are in use at the time and available for fee paying passenger journeys. Drivers cannot use the bus gate for their own convenience."

But Mr Naim, who has held a hackney carriage licence for 30 years, took the decision to the Traffic Penalty Tribunal who overturned the council's fines.

The parking adjudicator said: "The fact that Mr Naim has not provided evidence he was carrying a passenger at the time is therefore irrelevant. The question in this appeal then is whether a potential breach of the licence conditions by failing to display a roof top sign means that the vehicle is no longer a licensed hackney carriage. The answer to that question is no and the vehicle remains at all times a hackney carriage...

"I conclude that regardless of whether the roof top sign was present or not, the vehicle was in law a licensed hackney carriage at the time it used the bus gate and no contravention occurred on either occasion."

Mr Naim, 55, of Birkby, said he was pleased with the decision but disappointed with how Kirklees Council handled his case.

He said: "A hackney carriage vehicle is a taxi 24/7 regardless of the roof sign or not. The roof sign was removed because the vehicle had been on the motorway and it is normal practice to take the roof sign off for safety reasons.

"The council left me with no alternative but to appeal against the two penalty charges. Today I have won both appeals.

"Surely the council should (know) better? Disappointed with council's approach to this issue."

Kirklees Council has been approached for comment.

It may be "normal practice" to you but is it legal?

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Grandad,

He won the case, If it was Illegal he wouldn't of won the case.

I have seen in many areas Roof signs off but a Hackney carriage plate on the back.

I believe many Hackney Saloon drivers when not working remove the Taxi roof sign, Even know in My area drivers only have roof sign and Plate on only when working, Rest of the time Day/Evening/Night Weekends Holidays Drive with the Plate off and Roof sign off.

the other half of one of my drivers never goes near the rank and mainly does airport work the only time his roof sign goes on his car is for the 6 monthly compliance test

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

I think he won the case in this instance because the law says that once licensed the vehicle is always licensed until it is no longer licensed. maybe I put my point incorrectly and should have put is it abiding by the licensing conditions?

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Grandad,

I doubt the Traffic Order states 'Only Hackneys whilst working', thus the council got it wrong, as determined by the adjudicator.

I suspect bus gate is enforced by cameras operated by people, and those people saw a saloon car not a taxi.

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IDFIMH

I think if camera was positioned to take photograph of rear of vehicle the license plate would be visible.