Issue - meetings

To consider a confidential report by the Head of Planning and Public Protection (copy enclosed) seeking members’ review of a licence to drive hackney carriage and private hire vehicles in respect of Driver No. 15/1123/TXJDR.

RESOLVED that the hackney carriage and private hire vehicle driver’s licence issued to Driver No. 15/1123/TXJDR be revoked on the grounds of public safety with immediate effect.

A confidential report by the Head of Planning and Public Protection (previously circulated) was submitted upon –

(i)            the suitability of Driver No. 15/1123/TXJDR to hold a licence to drive hackney carriage and private hire vehicles following accrual of 20 penalty points under the Council’s penalty point scheme for presenting a licensed vehicle for test in an unsafe and dangerous condition;

(ii)          details of the defects noted following presentation of the vehicle for a Compliance/MOT test had been included within the report together with associated witness statements and documentation, and

(iii)         the Driver having been invited to attend the meeting in support of his licence review and to answer members’ questions thereon.

The Enforcement Officer introduced the report and detailed the facts of the case.  In cases where 20 or more penalty points had been accrued in a 24 month period the matter was referred to committee for review.

The Driver submitted a written response in support of his case advising that he took passenger safety seriously and would not knowingly drive passengers in a vehicle that was in a dangerous condition.  The vehicle had been in for repair immediately prior to its submission for MOT/Compliance and some of the failures had been disputed.  As far as the Driver was aware the vehicle had been in good condition except for an issue with the brakes.  He had been a taxi driver for some considerable time without previous complaint.

Members took the opportunity to question the Driver regarding the circumstances of the case including the general condition of the vehicle and its maintenance regime which led to the presentation of the vehicle in a dangerous condition and him knowingly driving an unfit vehicle.  In response to questions the Driver reiterated that he had submitted the vehicle for repair a week prior to the inspection and work had been carried out with that in mind.  There was dust both inside and outside the vehicle from the repair work which he attempted to clean in the limited time available.  He had driven directly from the garage to the testing station which was when he had noticed an issue with the brakes and did not recall being advised at the time of failure that the vehicle was unsafe to drive.  He had driven the vehicle from the testing station with a view to getting it repaired.  The Driver assured the committee that he checked the vehicle on a daily basis and it was regularly serviced every three months.

In making a final statement the Driver advised that he considered himself a good driver and was willing to take on suggestions from the committee with regard to a future vehicle maintenance regime in light of the current failings.

The committee adjourned to consider the case and it was –

RESOLVED that the hackney carriage and private hire vehicle driver’s licence issued to Driver No. 15/1123/TXJDR be revoked on the grounds of public safety with immediate effect.

The reasons for the Licensing Committee’s decision were as follows –

During deliberations members carefully considered the evidence presented and the Driver’s submissions in support of his licence review.  The committee did not consider the Driver’s version of events credible because he would have known the vehicle was in a filthy state, in addition to the dust from the repair work, because some were clearly visible and there were many other signs that it was not maintained properly.  By his own admission the Driver presented the vehicle for inspection knowing that there was an issue with the brakes and the committee felt it was clear that he did not  ...  view the full minutes text for item 6