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PostPosted: Thu May 03, 2007 6:37 pm 
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The Richardhead has been rushing from the local paper to the TV (BBC Look North) to Radio Lincolnshire, to make sure no PH firm within 500 miles of Lincoln gives him a job. Claims to be an "advanced" driver. He cannot see why Steve Reid of Discount Cabs has singled him out. I can.
Some time ago on this very site I raised objections to DSA tests. Maybe there is a case for their introduction. Maybe.



TAXI DRIVER WITH 19 POINTS ON HIS LICENCE STILL ON THE ROAD

A taxi driver who has a staggering 19 points on his licence can still legally drive in Lincoln.He has been sacked by his firm, Discount Cabs, but Lincoln City Council says there is little they can do to stop him driving for other companies.

When Dominic Brown (33) appeared at Lincoln Magistrates' Court on Tuesday, charged with driving without due care and attention, he already had 14 penalty points.

These were for four speeding offences, three of which carried a penalty of three points and one of five points . The law states that when a driver reaches 12 points he is liable for disqualification.

But for some reason this had not happened. The court clerk, Brown's defence solicitor and the magistrates could not explain why. The Echo has since contacted the DVLA, where a spokesman said: "For offences which carry discretionary disqualification, it is entirely a matter for the court whether or not the driver is disqualified."

During the hearing Brown admitted driving without due care and attention on the A15 at Bracebridge Heath on December 4 last year. But when sentencing him, magistrates still failed to issue a ban. They accepted his arguments that losing his licence would mean losing his job.

Instead they dished out another five points, bringing the total to a whopping 19 - then let him drive home. The court heard that while driving his taxi on December 4, with a passenger in the back, Brown had driven into the car in front while reaching for a mobile phone under his seat.

Professional drivers can use a defence of exceptional hardship to avoid a ban if they can convince magistrates that they will lose their livelihoods as a result. This defence can only be used once every three years and Brown had never tried it before.

Giving evidence, he said: "I would definitely lose my job and driving is all I can do. With no job I'd be unable to pay my rent." This worked and magistrates told him he was on his last chance.

Yesterday Discount Cabs managing director Steve Read told the Echo he had decided to terminate Brown's contract. "He is a lovely guy and many customers have contacted us to tell us they really like him -but the situation is ridiculous," he said. "It is possible for our drivers to go beyond 12 points by pleading exceptional hardship and that's not a problem once. If the courts say someone is fit to drive then they are fit to drive. "But when it reaches a figure like 19 it's just not acceptable."

Brown, of Boundary Street, Lincoln, feels hard done by. "There are loads of taxi drivers in Lincoln over 12 points," he said. "Why has Discount Cabs singled me out."

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PostPosted: Thu May 03, 2007 6:44 pm 
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Brown, of Boundary Street, Lincoln, feels hard done by.

"There are loads of taxi drivers in Lincoln over 12 points," he said.

"Why has Discount Cabs singled me out."


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PostPosted: Thu May 03, 2007 7:22 pm 
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Are you taking note NO TIPS, yet another of your trade letting the side down :lol:

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PostPosted: Thu May 03, 2007 9:51 pm 
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Sussex wrote:
Brown, of Boundary Street, Lincoln, feels hard done by.

"There are loads of taxi drivers in Lincoln over 12 points," he said.

"Why has Discount Cabs singled me out."


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I hope I never need a taxi in Lincoln with all these drivers around. :wink:

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PostPosted: Fri May 04, 2007 8:21 am 
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Well, today the story makes the national press. :cry:

Makes Lincoln look so good. :cry:

Still, the Tories have just taken control of the City Council. Is there a wind of change? :wink: :wink: :wink: :D :D :D :D

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PostPosted: Fri May 04, 2007 10:26 am 
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jimbo wrote:
Well, today the story makes the national press. :cry:

Makes Lincoln look so good. :cry:

Still, the Tories have just taken control of the City Council. Is there a wind of change? :wink: :wink: :wink: :D :D :D :D


Obviously the magistrates showed some compassion for this gentleman who are we to say they were wrong? lol

JD

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PostPosted: Fri May 04, 2007 8:20 pm 
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Location: Stamford Britains prettiest town till SKDC ruined it
One of my drivers has been up before magistrates 5 times over a 12 year period for totting up won 3 lost 2 !! all popints were for speeding he's a perfectly good driver just bad at looking out for cameras when coming back empty from the airport ! or off out for the day with his wife BUT the 2 times he's lost his license were where the additional offence came within a few months or so of being allowed to keep his license so i'm surprised that the driver who already had 14 points didn't get a ban

Bt the way my driver now uses a snooper in his car to warn of cameras and has had a clean license for over 18 months now


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PostPosted: Fri May 04, 2007 8:24 pm 
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I wonder about this....as JD says the magistrates possibly believed if they took his license away it would lead to hardship.

this effectively passes the buck onto the LA

If the LA revoke or suspend they are then the bad guys and could be seen as acting over and above the decision already made by the magistrates.

CC

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PostPosted: Fri May 04, 2007 9:44 pm 
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captain cab wrote:
I wonder about this....as JD says the magistrates possibly believed if they took his license away it would lead to hardship.

this effectively passes the buck onto the LA

If the LA revoke or suspend they are then the bad guys and could be seen as acting over and above the decision already made by the magistrates.

CC


From the Lincolnshire Echo 3rd May.

Deciding on Licensing

Lincoln City Council's head of licensing Kevin Barron, explained how cases like Brown's were dealt with.
"When a driver first applies for a licence they must go before the licensing sub committee and pass a test of fitness" ( :roll: :lol: :lol: :lol: ) he said. "The basic test is that the councillors have to look at his record and references and decide whether they would be happy to have themselves, or their family driven by this person" ( :roll: :lol: :lol: :lol: ) "At this stage, they can have any amount of points (on their drivers licence) below 12" (!!!!!!!!!!!!) "Once the driver has been licensed, if they pick up more points they can be referred back to the committee to see if they are still suitable to drive" (?????) "If we ban them from driving taxis they appeal to the court. The conclusion is that if magistrates have not banned a driver from the roads, why would they support a decision to take away their livelihoods by banning them from driving taxis?"

Well, quite. Or in other words, why bother?

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PostPosted: Fri May 04, 2007 10:52 pm 
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jimbo wrote:
The conclusion is that if magistrates have not banned a driver from the roads, why would they support a decision to take away their livelihoods by banning them from driving taxis?"

Bit of a cop-out methinks.

They could make the driver do the DSA taxi test or suspend him for a week or so.

It is the council that decided if he is 'fit and proper' no-one else.

That said HTF does he get insurance? :?

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PostPosted: Fri May 04, 2007 11:41 pm 
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Professional drivers can use a defence of exceptional hardship to avoid a ban if they can convince magistrates that they will lose their livelihoods as a result. This defence can only be used once every three years and Brown had never tried it before.


Professional drivers should also be more aware of breaking the law in the first place shouldn't they???

This guy should've had his driving license removed long ago.

Why have the LA not removed is taxi drivers license?


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PostPosted: Sat May 05, 2007 8:31 am 
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If we do not conduct ourselves in a professional manner we cannot expect the public or the authorities to give us the respect we deserve for the public service we provide.

B. Lucky :D

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PostPosted: Sat May 05, 2007 3:24 pm 
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Darren63 wrote:
Professional drivers should also be more aware of breaking the law in the first place shouldn't they???

This guy should've had his driving license removed long ago.

Why have the LA not removed is taxi drivers license?


I don't suppose you ever go over the legal speed limit?

Regards

JD

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PostPosted: Sat May 05, 2007 5:28 pm 
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Darren63 writes
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This guy should've had his driving license removed long ago.


19 points translates into perhaps 6 or 7 little driving indiscretions over 3 years. Now take into consideration the amount of miles this guy has covered over the same period and now compare that with your average driver.

I know most of us commit more driving offences in one night-without being caught.

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PostPosted: Sat May 05, 2007 6:07 pm 
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Skull wrote:
19 points translates into perhaps 6 or 7 little driving indiscretions over 3 years. Now take into consideration the amount of miles this guy has covered over the same period and now compare that with your average driver.

I think the average driver checks, very carefully, his speed when he gets to 9 points.

If he is stupid enough to then get another 10 points, then in my view he should lose his license. :wink:

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