Taxi Driver Online

Well I was thinking more of Mr Taylor's adversaries

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

They will probably say any taxi must be Black at first registration so that no one has to pay for a re-spray.

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Grandad,

yes i have been looking/searching case law but to no avail, painting it black or trying to get a suitable vehicle in black is or will not be easy, just can't find a vehicle to the specs i want, this is just uneccesssary expence when everyone else in all business's are cutting back

so the Council want all cab drivers to be in debt, to which they will, maybe tactics to make cab drivers get out and work more, who knows

at the moment i need a job doing at home, re plumbing, it seems as tho these people can make up any daft price

little do these plumbers know, i have had them in the cab, we have discussed this before

oh no mate, says the plumber sat in the cab, if i don't think the job is worth doing, i just double the price, add a bit more on, if they bite all well and good

300 quid to drill two holes through a wall, add connnectors, hang a radiator [back to back] [radiator 80 quid in Wickes]

got another plumber coming today, 160 quids my limit with radiator, any more i'll do it myself or find a Polish plumber

There is lots of case law on the subject and as most people who subscribe to TDO will tell you, it all boils down to what is reasonable?

All you have to do is convince a court of law that the condition is unnecessary even though though some councillors may think it desirable?

You have to remember that it is up to a council to convince a court of law of the necessity and not the other way around.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

Oh yes, but they still need drivers to steer the vehicles.

So maybe it's worth the council reviewing the entry criteria i.e. DSA taxi test, stiffer knowledge.

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IDFIMH

Bit more from York.

Ex cabby says de-limit

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IDFIMH

JD could you give the york drivers a head start to help them fight this unnecessary colour change headache, I think they need it. start with the council and York press

This is probably of no help,but in 1994 newcastle hackneys had to be black(mixed fleet,wavs and saloons).
It was stipulated that all saloons had to be sprayed black by a certain date that year and any replacement saloon had to be black to colour code all hackneys with the same colour as the new influx of wavs that had been issued licences so that they would be recognisable to the public.
This happened at the time when the LA were trying to force every saloon hack to be replaced by a fairway or metrocab.

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www.youtube.com/watch?v=z07K29Fc15U

The Court Judgement of Deputy District Judge Dhaliwal Hearing - 11th/12th July 2007

Milton Keynes Magistrates Court

PETER KIRKHAM and Others
Appellants
-v-
MILTON KEYNES COUNCIL
Respondents

JUDGEMENT

This appeal is brought by Mr Kirkham and a number of others by way of complaint. The complaint in essence is that Milton Keynes District Council (MKDC) have amended its conditions in relation to hackney carriage vehicles licences In that licences would not be renewed from 1st April 2007 in respect of vehicles that did not have a specific purpose built hackney capable of carrying passengers in wheelchairs and - were rear loading, which were excluded on the grounds of safety.

MKDC are entitled by the power that is vested in them as a public body to amend the conditions BUT those conditions have to be justified as being "reasonably necessary". That is the what I have to consider today, in other words, as the respondent has put it - "Am I satisfied that the decision reached by the Council was reasonable, having regard to the competence of the authority making the decision, taking into account all the relevant factors".

In order to assess this, I have heard form a number of witnesses, read a number of statements and read a number of guidance's produced by various bodies. In determining whether the Council reached a reasonable decision, I need to be satisfied that MKDC took into account all relevant factors. I will mention a few of those many factors now:-

1. DEGREE AND NATURE OF CONSULTATION

On the evidence that I have heard, I come to the conclusion that consultation was extremely limited.

This was conceded by Cllr Burke in his evidence and conceded by the respondents own expert witness.

Furthermore, it is clear from the number of letters produced in the appellants bundle written by bodies that that would be "interested party’s" that should have been consulted but clearly had not.

Cllr Burke concedes that there was no public consultation and no appropriate consultation with those who have disabilities.

I have also taken into account the "minutes" of meetings prepared in the respondents bundle and given that due consideration.

Nevertheless, I find it is wholly inadequate that various members of the public only found out about meetings through chance and this consultation process was flawed

2. GUIDANCE GIVEN BY VARIOUS BODIES IN FORM OF REPORTS

A number of reports were produced by various bodies which are for guidance only and have been put before the court. However, there is no evidence put before the court that these reports were properly considered or at all. To the contrary, there was evidence that the Council were aware of the best practice guidance, set up a meeting to discuss it, but this was never discussed and did not appear in the minutes of the meeting.

Indeed in one report, the European Conference of Ministers of transport does not recommend a 100% wheelchair accessible fleet but a 2 design level. This does not appear to have even been considered.

The most significant factor Is

WHETHER THERE IS A DEMONSTRABLE NEED IN MK TO HAVE 100% WHEELCHAIR ACCESSIBLE FLEET

No evidence put before this court to suggest that there is any such need in MK. It is still unclear to me at this stage the reasons behind the Councils thinking, I heard no evidence to that effect which would assist me on what basis this decision was made.

It is admirable that MK DC have attempted to Implement changes to serve those who are disabled however, I cannot be satisfied on that the evidence that I have heard that the decision was reasonable, as MKDC failed to take Into account significant and relevant factors, a few of those have been mentioned here.

The decision of the court therefore is that the amendments to the conditions were not reasonably necessary in light of the evidence that this court has heard, therefore the appeal by Mr Kirkham and others is, allowed.

Moving one stage further, in my view, the circumstances in which the court should intervene in the decisions made by an elected body should be few and far between, however since my conclusion is that the Council's decision was not reasonable, I follow the guidance given in Blackpool BC ex parte Red Cab Taxis and amend the conditions as follows:*

I amend the condition by deleting the implementation date of 01/04/07
And Remove the prohibition on rear loading vehicles

The amendments are made to that effect.

COSTS

Costs will follow the event and MKDC will be ordered to pay the appellants costs in full.

Supporting Information given by the DDJ in clarification:-

a. The deletion of conditions are only applicable to those who were originally given grandfather rights prior to delimitation and not all Hackney Carriage licensed vehicles i.e. the deletion of the conditions does not apply to the new Hackney Carriage drivers.

b. Therefore only the original grandfather rights vehicles retain the right to keep saloon type vehicles or introduce rear loading wheelchair accessible vehicles.

c. All new vehicles introduced since the introduction of side loading wheelchair accessible vehicles have to remain in compliant with this condition.
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Are they against the new conditions? Do we really know where the York Taxi trade stands on the issue? Does the York Taxi trade have the will to fight the new condition? Isn't York a member of the NTA?

As usual if TDO can give any assistance to the York Taxi trade then it will do, all they have to do is ask and have the will to follow it through.

Regards

JD

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Copyright notice © The contents of this post are copyright of JD and are not to be reproduced outside of TDO without written permission.

i have asked round but know one knows, maybe York Stn Taxis are in the NTA, but know one seems to know, some of us don't talk to Stn Taxi management, bunch of wa*kers

this is what i hear,
York Tax association seemed to have washed their hands of it all, no one seems to give a feck, a white wash, walk over by the Council, drivers who paid into the associtaion are reluctant to renew their subs

but parden me, wasn't it an idea from one member of the management of the York Taxi assocciation who gave the Council the ideas in the first place, re one colour and city logos, who the feck wants the city council logo on your door to which it looks a bit like a swaskia

some oddball drivers are thinking of taking action an takin it to court, but i think there is more chance of forming a hen racing team, but the problem is there is no documentation as yet, only a timeline letter, so nothing can be done as yet cos it aint in writing,

Once again Pete you have got it wrong, firstly York Taxi association have not washed their hands of it,they took legal advice, and went back to the membership to ask for donations to fund the legal costs and as usual got no backing,secondly it was not a member of YTA management who suggested the changes it was the licensing manager at York Council, however one member of the management team did not have a problem with the suggestion, as he thought the drivers had created the problem themselves by using 15 year old sierra's and Nissan primeras, as for the membership fees, £5 a year is quite a sum to pay and I can see why some people are reluctant to spend this princely sum. I hear no one is talking to the Secretary as they are all blaming him for "doing the deal" how naive of theses so called business men. It is the usual sad tale I'm afraid, they seem to have shot the messenger, I think if it goes a lot of people will miss all the good work that YTA has done in the past and could possibly do in the future.

what i wrote, it started " what i hear" maybe you remember the old military signal that was sent out in the heat of battle using "runners" then passing it on to another runner and so on till it got to HQ
start msge .....
send re enforcements .... end msge

when the signal got to the other end it was thought to have been "send three and fourpence"
[lol]

Two those spring to mind, "send reinforcements were going to advance"
which arrived as "send three and fourpence were going to a dance"and
" send a bus Rommell captured" which came back as " send a truss camel ruptured"