Taxi Driver Online

Some may find this disturbing but it has come to my attention that two longstanding independent Taxi owner/drivers in Melton Mowbray have had all their licenses revoked pending appeal.

The charge is racial abuse against another taxi driver.

I have done some preliminary investigation into the circumstances surrounding these revocations but rather than go into any detail myself, I shall instead publish the article, which brought this sorry state of affairs to my attention.

Suffice to say that Bryan Roland is involved in the appeal which can only be a good thing for the accused drivers and that the revocations came about by virtue of licensing officer Elaine Holdsworth under delegated powers.
……………………………………………………………………………….

Melton Times

November 9, 2006

HEADLINE: CABBIES VOW TO FIGHT TO CLEAR THEIR NAMES

TWO long-serving Melton cabbies are set to lose their livelihoods amid claims of racial abuse and harassment.

Self-employed father-of three Robert Croft (45), who operates as Freddy's Cabs, said he's been accused of playing racist music in his cab at Melton train station and racially abusing an Asian taxi driver.

He said he's also been accused, along with fellow Melton cabbie Lee Franklin (52), of racially abusing a woman wearing a veil. Mr Franklin said he has also been accused of having a racist ring tone on his phone as well as using racial abuse.

Both men refute the allegations and insist they aren't racist. They have both voluntarily given statements to police and say no action is being taken against them.

Melton Council hasn't disclosed the full details of the allegations, but in a statement it said: "The two drivers are having their licences revoked following complaints of racial abuse and harassment which were received by the council and were thoroughly investigated and substantiated.

"Melton Council cannot and will not tolerate this kind of behaviour."

Licensing officer Elaine Holdsworth added: "Taxi drivers must meet the criteria of a 'fit and proper person'. Melton Council does not consider this criteria is being met by these two drivers, therefore these licences have been revoked."

Both men plan to appeal and take the matter to court.

Mr Croft, of Long Clawson, fears his family will lose their home as well as facing a bleak Christmas after being notified his licence would be revoked from next Thursday.

He's been a full-time cabbie for 23 years including the last seven self-employed. He said: "They say I was in my cab playing racist music. What do you call racist music? Is it reggae? I have many good friends and customers who are black and Asian. If I was racist I wouldn't pick them up."

He added: "I am the only purpose-built wheelchair-friendly cab in town but the council is taking it off the road. "I do quite a lot of wheelchair jobs for Scalford Hall, Egerton Lodge, Waltham Hall Nursing Home and for the disabled as well as mums with pushchairs. "My customers are very loyal and will be stuck if they lose me."

The Melton Times has received letters of support from Mr Croft's customers with one disabled customer describing him as a 'very friendly, wellmannered and good-natured person'. Another customer said 'he never moans or complains about anyone'.

Mr Croft said the loss of his job would be a huge financial blow to his family, wife, Tracey, and daughters, Paige 8, Autumn 3, and Sabrina 20 months. "If I lose my livelihood the council will chuck us out because we won't be able to pay the rent. It's a big worry and it's making me ill."

Mr Franklin added: "I'm 52 and only got one eye. Why would I do anything to jeopardise my job? How am I going to find another one? If they take my badge off me I'm going to lose everything.

"I have a brother-in-law who is Jamaican and my niece and nephew and cousin's husband are dark-skinned. If I was a racist I wouldn't talk to them.

"I'm not a racist and haven't got anything against black people at all."

Dean Cardwell, spokesman for the Melton Independent Taxi Group, said: "The council is really saying they're guilty before their appeal has been heard.

"The council doesn't have any physical proof and no actual times and dates. All it has is verbal allegations. To me that's not enough to take away someone's livelihood."

……………………………..

Firstly, only a set of councillors without a brain would give an LO powers to revoke someone's license without an independant hearing of some sort.

Secondly, we don't yet know the full SP, so it might all be true, but it might also all be a crock of s***. Maybe it's just a case of an LO trying to make a name for themselves.

But whatever it is, it isn't a good situation, and this is the type of problem we will be seeing more and more following the changes in the Road Safety Bill. It needs sorting please.

_________________
IDFIMH

Perhaps the LO didn't want to go through an investigation like this.

http://www.shropshirestar.co.uk/2006/11 ... taxi-team/

_________________
IDFIMH

Seems like an abuse of power to me

CC

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

If he lodges an appeal an goes to the magistrates the court will overturn the Councils decision. Only a few months ago we had 2 cases where an Asian Taxi driver reported 2 white drivers for allegedly racially abusing him, he went to the licensing officer Carole Bough (Phone her if you want to JD) wanting to take the drivers to cout, Carole to all her credit never took it any further becasue she knew what this driver was like, he's got a pile of complaints against him from passengers about his attitude, his driving etc etc.

I understand the LO sitting with one other person from the council interviewed the drivers before the LO passed sentence by way of letter in the post. No written documented evidence was given to the drivers regarding their alleged misconduct and they were not allowed to question their accuser? The evidence is by all accounts, hearsay.

I understand the allegation came from the only Asian driver licensed in Melton Mowbray, a relative recent recruit from Leicester. Mr Croft one of the persons in question has never had any public complaints made against him in the 23 years he has held a license.

Regards

JD

now that the licensing authorities have power to take you license off you pending appeal expect more of the same!

Every driver who know has their license taken off them must sue the council for cash, it's then only way you're going to stop them interfereing with honest people trying to earn a living.

_________________
kevin
http://www.monmouthtaxis.co.uk

Ah but councils know best, the drivers can and have appealed, so what's the problem?

_________________
Taxi Driver Online
www.taxi-driver.co.uk

If the drivers concerned were barred from driving by the la during their appeal process then this is the person you need to contact

Catriona Mackay
Buses & Taxis Division
Department for Transport
3/13 Great Minster House
76 Marsham Street
London SW1P 4DR

Telephone: 020 7944 5980
Fax: 020 7944 2212
E-mail:
catriona.mackay@dft.gsi.gov.uk


this is part of a letter I recieved from her when I contacted the department with my concerns over abuse of powers by local authority staff....

REMOVAL OF RIGHT TO DRIVE DURING TAXI APPEAL

Thank you for your email of 21 October to Stephen Ladyman about an amendment to the Road Safety Bill giving licensing authorities the right to suspend a taxi and private hire vehicle (PHV) driver’s licence with immediate effect. It has been passed to me for reply.

This amendment was debated at the Report stage of the Bill on 9 October and has now been incorporated in the Bill. It will be debated by the Lords shortly.

I hope you would find it reassuring to know that the Government does not expect immediate suspension or revocation to be used routinely. There will clearly be many cases where immediate action would not be warranted. It will be a valuable tool for licensing authorities to use only where the licensing authority is clear that the interests of public safety require a particular driver’s licence to be suspended or revoked with immediate effect.

If local councils are going to start routinely prevent drivers from driving during appeal then the department of transport needs to know and pressure needs to be brought on them to issue guidelines as to when immediate revokation is warrented and when it is not.

_________________
kevin
http://www.monmouthtaxis.co.uk

The problem arises when you give councillors powers that place them above the courts. What has happened with this amendment is that a council can revoke or suspend your license immediately for any reason whatsoever and it will be up to the license holder to obtain an injunction suspending the actions of the council pending an appeal to the magistrates court?

Regards

JD

CC

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

An update on the latest situation in respect of these supensions.

The police are taking no action and the council are relying on hearsay evidence in order to win their case. However according to this article it would appear a compromise is in the offing.
...........................................................

Leicester Mercury

December 15, 2006 Friday

HEADLINE: Taxi drivers get date for appeal

Two taxi drivers who had their licences revoked after claims of racial harassment will have their appeals heard in February.

Robert Croft, of Kings Road, Long Clawson, and Lee Franklin, of Ambleside, Melton, were at Melton Magistrates' Court on Wednesday to hear the case adjourned.

Billy Nanner, representing Melton Borough Council, which revoked the men's licences, said the authority was in discussions with the National Private Hire Association, which is representing the two men.

He said the discussions were continuing in the hope of reaching a compromise.

Both drivers are still operating, pending the outcome of their appeal. The date of the next hearing was set as February 14.
.................................................

Don't tell me you think the council got it wrong CC?

_________________
All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

"Both drivers are still operating pending the outcome of their appeal"

I had a racism complaint against me a few years ago, which was "not proven"

I would be facinated to know what "racist music" is. Does HMV have a section in their stores for it, inbetween Heavy Metal and C&W?

I wonder what kind of "compromise" is being sought?

_________________
Former taxi driver

Its clear what I stated

CC

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