Taxi Driver Online

Those who subscribe and read TDO will already be aware that case law already exists in England and Wales that relates to WAV vehicle licensing. The precedent was set in Manchester back in the late 1980's, by Judge Brown. It appears the Scottish courts are echoing that Judgement.
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Aberdeen Press and Journal

September 29, 2006 Friday

HEADLINE: City taxi driver loses his test case over licensing decision

A Taxi driver who took Aberdeen City Council to court to appeal a controversial licensing decision has lost his test case.

Sheriff Annella Cowan ruled that the authority's licensing committee had not discriminated against James Wilson last October when it refused to substitute his wheelchair accessible licence for one to operate a less expensive saloon car.

The council's licensing committee based its decision on a policy it adopted in August 1994 to ensure that all taxis licensed to operate in Aberdeen would in time be wheelchair accessible.

Mr Wilson, who first secured a taxi licence in January, 2001, took the authority to court to appeal the decision because he thought it was "unreasonable and irrational" because the rules did not apply to drivers who held taxi licences before August 1994.

Sheriff Annella Cowan disagreed and said the council, which argued that policy was "logical, defensible and necessary", ruled that its position was lawful in the absence of robust Government legislation.

Sheriff Cowan said however, that the Scottish Executive and Westminster must now act and set a date by which the pre-1994 exemption should end.

Raymond Hutcheon, convener of the licensing committee, said last night that he was very pleased with the decision.

Mr Hutcheon said he thought that many taxi drivers in Aberdeen would have probably sold their specially adapted vehicles, which cost around £20,000 new, and buy cheaper vehicles if Mr Wilson's appeal was upheld.

Ray Burgess, joint managing director of Rainbow Taxis, the largest company of its kind in Aberdeen, said last night he was not surprised that Mr Wilson had lost his case.

He claimed the vast number of taxi drivers did not support the action group and said the court's decision meant that people would still have the freedom of choice in the type of vehicle they decided to drive.
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