Agenda item
REVIEW OF A LICENCE TO DRIVE HACKNEY CARRIAGE AND PRIVATE HIRE VEHICLES - DRIVER NO. 15/1123/TXJDR
- Meeting of Licensing Committee, Wednesday, 9 March 2016 9.30 am (Item 6.)
- View the background to item 6.
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.
Decision:
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.
Minutes:
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 understand his responsibilities as
a licensed driver and the need to maintain his vehicle to an acceptable
standard. Serious concerns were
expressed that the Driver had failed to maintain the vehicle to a safe standard
and had knowingly driven the vehicle with dangerous defects following the MOT
failure and had placed the public at risk.
Consequently the committee considered that the Driver was not a fit and
proper person to drive hackney carriage and private hire vehicles and it was
resolved that his licence be revoked with immediate effect in the interests of
public safety.
The committee’s decision
and reasons therefore were conveyed to the Driver and he was advised of his
right of appeal against the decision to the Magistrates Court within twenty one
days.
Supporting documents:
- Restricted enclosure View the reasons why document 6./1 is restricted
- Restricted enclosure View the reasons why document 6./2 is restricted