Agenda item

Consideration of Fit and Proper - 1902844TAXI

Minutes:

The Lead Officer, Licensing introduced the report to the Sub-Committee. He explained that they were being asked to determine whether a driver remains fit and proper to hold a combined Hackney Carriage/Private Hire Drivers licence.

 

He outlined the key points from the report.

 

Councillor Steve Hedges asked for confirmation that it is an illegal act to drive without an MOT.

 

The Lead Officer, Licensing replied that if a vehicle does not have an MOT it can only be driven to a scheduled MOT appointment in order for it to then pass the subsequent test.

 

The driver confirmed that the content of the report presented was correct and said that he was willing to accept any punishment that the Sub-Committee might impose on him.

 

The Chairman asked if he could explain the nature of the 110 mile journey referenced in the report.

 

The driver replied that this was for his own personal purpose.

 

The Team Leader, Legal Services asked the driver if he could explain why following the service on 11th May 2022 he did not seek to replace all four tyres having been informed that they only showed 2mm of tread (the legal limit for tyre tread is 1.6mm). She added that when the tyres were finally replaced on the 7th September 2022 a total of 2,701 miles had been travelled on these old tyres.

 

The driver replied that he had not fully checked the paperwork following the service. He said that he was not working as a taxi driver at this time and was only driving the vehicle for personal use.

 

He explained that he was then on holiday for a period of time and on his return was when the vehicle failed the MOT and repairs were then carried out.

 

The Chairman said that even if he was not carrying fare paying passengers at the time the vehicle was a potential danger to the public due to its condition.

 

The driver apologised and said that he had no intention to harm anyone. He added that there were ongoing family issues at this time.

 

The Lead Officer, Licensing commented that daily / weekly checks of the vehicle could have prevented it from becoming in such poor condition.

 

The driver apologised once again. He added that he recognised that it had been the wrong thing to do in lying to the Licensing team with regard to the 110 mile journey.

 

The Team Leader, Legal Services asked the driver if he could tell the Sub-Committee why he should remain considered as fit and proper to hold his licence.

 

The driver replied that these events had taught him a big lesson and that this would never happen again.

 

The Chairman asked the driver if he felt he had given the Sub-Committee as much information as he could regarding his case.

 

The driver replied that he had.

 

Decision and Reasons

 

Members have had to consider whether or not the licensee is a fit and proper person to continue to hold his combined Hackney Carriage/Private Hire Driver’s licence in the light of failures to comply with the conditions of his Private Hire Vehicle Licence relating to insurance and MOT certificates. In doing so Members took account of the Local Government (Miscellaneous Provisions) Act 1976, Human Rights Act 1998, case law and the Council Policy.

 

Members heard from the licensee in oral representations who took full responsibility for what had happened and was there to take whatever punishment Members wanted to give him. He accepted on questioning that he had lied to the Lead Licensing Officer regarding the 110 miles driven after his vehicle failed its MOT. The Licensee explained that once his vehicle failed his MOT, he took it back and got the job done to get it fixed. The Licensee explained that he had no intention to harm anyone and he had some family and personal issues at the time.

 

Members noted that compliance with the conditions relating to MOT and insurance certificates is vital so that the Council can be assured that the safety of the public when travelling in a BANES licensed vehicle is not compromised. Indeed, compliance with all licence conditions is of the utmost importance. In this case there are administrative failures related to licensing conditions as well as serious safety issues related to the licensed vehicle.

 

Members noted that the Licensee had held his combined Hackney Carriage/Private Hire Driver’s licence for 22 months and there had been no complaints from members of the public.

 

Whilst Members acknowledged that the Licensee may have had personal and family issues during the relevant period, this is no excuse for neglecting the upkeep and essential repairs of his vehicle in order to ensure the safety of the traveling public, and in this case the Licensee had:

 

(1)  Failed to comply with the conditions of his BANES licence related to insurance and MOT certificates;

 

(2)  Driven 2701 miles since all 4 tyres showed a tread of 2mm (the legal limit is 1.6mm) in May 2022 and had not had the tyres replaced until after his vehicle failed its MOT in September 2022;

 

(3)  When presented for MOT in September 2022 his vehicle had one tyre with ply or cords exposed and another with a cut in excess of the requirements deep enough to reach the ply or cords

 

(4)  Drove his car 110 miles with 1 dangerous defect (do not drive until repaired) and 4 major defects following, his failed MOT; and

 

(5)  Lied to Licensing regarding the 110 miles driven without a valid MOT.

 

With those reasons in mind, on balance, Members find that the licensee no longer fit and proper to continue to hold the combined Hackney Carriage/Private Hire Driver’s Licence. Accordingly, they revoke his licence on notice.

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