Taxi Driver Online

14 Jan 2008

Cabbie fined under smoking laws

A BLACKPOOL taxi driver has had to pay more than £500 after failing to
put a No Smoking sticker in his cab.

Michael Boaler was fined £250 with £250 costs after being prosecuted by
Blackpool's licensing team.
He was also ordered to pay a £15 surcharge for the victims of crime after
failing to display the stickers which cost £1.

The conviction means Boaler now has to go before the town's public
protection sub committee and could face losing his licence or being
suspended.

Officials say the example should send out a strong message to the resort's
cabbies they must abide by new no smoking laws.

Boaler, 44, of Hodder Road, Fleetwood, was found to have breached
smoking ban laws by failing to display one of the small logos during a cab
crackdown in August – one month after new legislation was brought in.

Police and licensing officials, checking over his hackney carriage as part of
an operation to move private hire vehicles out of street taxi ranks, gave
Boaler a fixed penalty notice of £150 for the breach.

But when he failed to pay the fine the council decided to take legal action.
He pleaded guilty at Blackpool magistrates court.

Vicki Cartmell, prosecuting solicitor for the council, said: "Blackpool is
taking a robust stance on this issue. Drivers have to realise that if they
don't display the sign they are breaking the law.

"Some drivers mistakenly think it is the owner's responsibility to put up
the signs but the person who is behind the wheel will receive a fixed
penalty if there is no sign.

"They cannot claim ignorance. This issue has been widely publicised and
all taxi owners received a letter reminding them of their obligations in a
letter April."

Boaler is the third resort taxi driver to have been taken to task under the
new smoking ban legislation.

Two drivers caught smoking in their cabs, both on two occasions, received
fixed penalty notices and went before the public protection committee
where they were given official written warnings about their behaviour.

Source: Blackpool Gazette

There is no-one that has a lower opinion of smoking than me. It kills, nuff said.

But fining someone £500 and threatening to take his livelihood away is taking the p***, and taking it big-time.

_________________
IDFIMH

He should have been aware of the law and his duties under that law. If he chose to ignore the law then it is his own fault.

_________________
Grandad,

I agree, but someone who smokes shouldn't be deemed not to be 'fit and proper' just for smoking.

_________________
IDFIMH

Petty and absolutely ridiculous. A warning should have been sufficient even though he should have been aware of the new laws. If he failed to install stickers after that then by all means take him to court, if they feel that way inclined.

To threaten a man's livelihood over a sticker is preposterous.

I suppose its another case of Councils know best.

Get them out of Taxi licensing altogether.

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.

HIS WARNING WAS THE INITIAL £150 FINE - THAT WOULD PROBABLY HAVE BEEN IT ALL OVER?

STILL THINK A BIT HARSH IF THEY TAKE HIS LIVING AWAY THOUGH

_________________
ALS

Just read the story again and the lad didn't even get caught smoking.

Just didn't have a sticker in his window.

WTF didn't the LO just give them to him, and stopped him working until he put them on.

Would have taken 2 minutes and everyone would have been happy.

Methinks Blackpool Council are on a par with Blackpool itself. A sh**house.

_________________
IDFIMH

When did they put up the fines i thought it was only £50 reduced to £30 if paid within a certain time and thats if your cought smoking

I was under the impression that a warning or caution was the alternative course of action to a fine or fixed penalty. That was my reasoning.

Before the initial penalty of £150 was issued he wasn't given any warning or caution but I suppose revenue takes priority over giving a person the opportunity to rectify their mistake.

Regards

JD

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

So you can drive any old piece of crap as a hack in Blackpool.
So long as it has a no smoking sticker on it

_________________

http://wingsoverscotland.com/ http://www.newsnetscotland.com/

I'm not sure if the health warning relates to smoking or riding in the cab?

Regards

JD

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

The lad in question had two no-smoking stickers in the back of his cab... but was prosecuted because he did not have a sticker in the front... they carry a passenger in the front in a TX one .

As a side issue for JD I believe that the Blackpool hackney trade are about to embark on a judicial review with Blackpool licensing... when you find the reasons why the mind will boggle....

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!

Well when they apply no doubt it will come to our atttention. Perhaps we could tell them the likely result befoe they went to court?

Regards

JD

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

A fool and his m****

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Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!