A BRIGHTON taxi driver whose licence was revoked after a hit-and-run has won the right to work behind the wheel again in a landmark ruling.
The High Court ruled that Brighton and Hove City Council had been wrong to revoke Mehrdad Kaivanpor's licence after he was fined £650 for knocking a woman off her bike last year.
The decision overturned legal precedent, and now councils across England and Wales will have to prove drivers are unfit to hold a licence, rather than drivers having to prove they are “fit and proper persons” in such cases.
But cycling groups said driving is not a human right and warned that licensing the wrong people could lead to more road accidents.
Mr Kaivanpor collided with the bicycle of Robyn Gargan, a 20-year-old hairdresser, near Harrington Road in Brighton on May 2 last year.
He stopped his car but did not get out, only contacting the police an hour afterwards.
At the time, Ms Gargan said: “He must have known what happened. He knocked a 19-year-old girl off her bike yet he just drove off.
“I am not happy knowing he is still out there. Of all people, you would expect a taxi driver to stop – I could have been dead.”
She said she was “covered in bruises” and suffered headaches and back pain after the collision.
Mr Kaivanpor’s licence was revoked after his arrest.
At his trial in October of last year he received nine points on his licence and fines totalling over £900 after admitting failing to stop and was found guilty of careless driving.
At the same hearing his appeal over his licence was denied because he could not prove he was a fit and proper person to hold one.
Last Wednesday the case reached the High Court, where Lord Justice Beatson and Mr Justice Wilkie ruled that it is for Brighton and Hove City Council to demonstrate why Mr Kaivanpor should not have his licence reinstated, in a case such as this.
David Lewis-Hall, barrister for the cabbie, said: “If the council are interfering with your right to earn a living, then surely it must be right for them to justify their interference.”
“This is an important ruling as it means that taxi drivers start from a position of innocence in the eyes of the court - rather than having to prove they are 'not guilty'.
"This is an important point from a natural justice and human rights angle.”
John Streeter, Vice Chairman at Brighton & Hove Streamline Taxis, said: “We couldn’t have asked for a better result.
“Since I began in 2003, procedures have never been in place to safeguard taxi drivers, and this was wrong.”
But Becky Reynolds, head of campaigns for Brighton cycling group Bricycles, was concerned where the new law could lead.
She said: “We really need to be very strict about who we licence. Licensing the wrong people could lead to more death and injury on our roads.”
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HULL taxi drivers say people's safety is being put at risk after new licence rules were introduced by the city council.
It now costs about £600 to become a taxi driver, following the introduction of the compulsory Btech qualification and licence fees 18 months ago.
Members of the Hull Private Hire Association (HPHA) say they warned the authority that the requirements would lead to a decrease in drivers and a surge in demand.
Workers say 20,000 jobs across the city are being missed every week due to a lack of drivers.
Drivers told the Mail they cannot cope with demand, particularly on a Friday and Saturday night, and have even received threats from people who have been unable to order a taxi.
The group contacted the Mail after an 18-year-old girl was sexually assaulted when she was forced to walk home after being unable to find a taxi.
HPHA spokesman Magnus Murray said: "It is a fact that all private hire offices in Hull can no longer meet the demand of the public and provide or fulfil their obligation to provide bookings on demand, due to the shortage of private hire drivers.
"What happened to that poor girl who could not get a taxi home and was sexually assaulted really brings the situation to light.
"You shouldn't have to wait hours to get a taxi on a Saturday night. That is not the case in any other major city."
The group has written a formal letter of complaint about the "restrictive policy", to Hull City Council chief executive Darryl Stephenson.
Mr Murray, a driver for Seven 0 Six Cars, said: "The restrictive policy is now impacting on the functioning and future of private hire operators.
"The current policy is totally unnecessary; it is too expensive and too lengthy of a process and we believe the introduction of the Btech along with the above factors are contributing as a deterrent towards new applicants.
"The situation has recently worsened by Hull City Council's decision – without consultation – to require newly passed applicants to await a further prolonged period in order to present themselves before the licensing committee before they are granted a licence."
Taxi driver 'killed by own car' in Hessle accident
There are nine private hire firm offices across the city and 900 active workers.
David Smith, of Six 0 Cars, said: "If we can not cope with Halloween, how the hell are we cope with 2017?
"I had a student ring up for a taxi on Saturday night and we had to tell her there was a two-and-a-half hour wait. She was from Manchester and told us how ridiculous that was and that would never happen there."
Gary Wilkinson, a driver for 35 Taxis, said: "Drivers are simply not coming through. It is too expensive for unemployed people.
"People are saying all the time that there aren't enough jobs in Hull, but we are always wanting to take people on."
The association says concern about the issue has brought companies together.
Chris Davison, of Hull Cars, said: "Everyone knows there is intense rivalry between all the taxi companies here, but this has really united us.
"We want to do our best for the City of Culture, and the way things are looking at the moment, this won't be possible."
Hull City Council confirmed it has received the complaint from HPHA. A council spokeswoman said: "I can confirm a letter has been received. Any letters of concern received by Hull City Council will be submitted via our corporate complaints process and will be progressed as appropriate in line with our policy."
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SOUTHEND
Girl trapped in taxi after falling 20p short of her fare
Young woman says she was left distraught after claiming she was locked in a cab because she was 20p short of her fare.
Roxanne Walker, 23, of Crescent Road, Leigh has caught a taxi to her work at RBS in Southend for the last six years.
The cabbies know her as a long-standing customer but when she fell 20p short of her £10 fare on Tuesday morning, she says the driver locked the door refusing to let her out.
After five minutes he unlocked the door but she claims he then chased her down the road near the RBS building off the A127, causing her to fall over.
A man who witnessed the incident came to her aid.
Ms Walker said: “We got stuck in traffic and I was 20p short.
“I know all the drivers and I said to him to pick me up the following day and I would pay it to him then but he just locked the doors of the cab.
“He said he wouldn’t let me out until I paid the right fare. I threatened to call police but my phone wasn’t working. We were at the Tesco roundabout and he just drove round it and said he would take me to the cash point but I didn’t have my card.
“I was crying my eyes out and panicking but he wouldn’t let me go. I asked him to “please let me go”. Then he opened the door but as I got out he ran after me and I fell. I was screaming. A man saw it all and came to help me.”
The good Samaritan helped the terrified woman into the RBS building and a call was made to police.
Miss Walker added: “I’ve had counselling for panic attacks in the past and this hasn’t helped. I feel like I can’t trust cab drivers now.”
A police spokeswoman said: “Police are investigating a dispute over a taxi fare, which was reported to have happened in Thanet Grange, Westcliff, at 8.30am on November 3.
“Anyone with information is asked to call police on 101.”
http://www.echo-news.co.uk/news/13933638.Girl_trapped_in_taxi_after_falling_20p_short_of_her_fare/?ref=rss
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TORONTO - The tickets handed to UberX drivers may be fake, but the message Beck Taxi is trying to deliver isn’t.
Kristine Hubbard, operations manager of Beck Taxi Ltd., used the Uber app to signal UberX cars to Lombard St. Wednesday, and when the drivers arrived, she issued each an oversized yellow mock ticket with a $500 fine for “operating a taxi without a city licence.”
“Were they told they don’t need commercial insurance by Uber or is it they know they’re breaking the law and willing to take the risk?” Hubbard said.
“We also ... show how easy it is for these bylaws to be enforced.”
None of the drivers had commercial insurance, but they said Uber told them it had won its fight with the city and there wouldn’t be any new guidelines until January and it’s fine to operate as usual until then.
Hubbard told them that’s not the case considering a “regulatory framework” to accommodate Uber in the city’s taxi and limousine bylaws won’t come back to council until spring 2016.
In a letter to city council dated Monday, Tracey Cook, executive director of municipal licensing and standards, says UberX was given until Oct. 19 to cease operation.
To date, 102 UberX drivers have been slapped with 204 charges.
“The city will undertake the relevant enforcement actions as deemed appropriate,” licensing department spokesman Tammy Robbinson said Monday.
Uber Canada said it communicates regularly with its riders and drivers about unfolding municipal ridesharing policies.
“It’s unfortunate that Ms. Hubbard has chosen to spend her time intimidating hardworking UberX partners,” spokesman Susie Heath said. “Our focus remains on continuing our productive conversation with Tracey Cook and (the licensing department) regarding the recent bylaw changes and how we can work within a regulated environment.”
http://www.torontosun.com/2015/11/04/uberx-drivers-handed-mock-tickets-by-beck-taxi
Nice.
ReplyDeleteAll the best,
Cabhoo Minicabs