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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience:  Over 5 years in practice
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I am a licenced private hire taxi driver in North Wales. I

Resolved Question:

I am a licenced private hire taxi driver in North Wales. I now have 12 points on my licence (3x4 points all for speeding) I have been driving private hire for 2 years now, covered over 150k miles during that time and never had an accident. The Magistrate has aloud me to keep my driving licence as he felt that for me to loose my licence and loose my job would not be in the best interest of my self an others around. I now have to appear in front of the Conwy council licencing comity and have been advised by the Taxi licencing department that it is more than likely they will revoke my private hire licence which will put me out of work for a minimum of 6mths before I can re-apply for a private hire licence. Is there any point in law that could prevent them from doing this as the magistrate has already ruled it would not be the best interests of all concerned. Thank you for your help.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Jo C. :

Hi. Thank you for your question. My name is XXXXX XXXXX I will try to help with this. Are they trying to revoke the licence solely due to the points?


Yes, the Conwy council do not like taxi drivers to have more than 9 points, a suspension for 9 points is common and they typically revoke licences for 12 points

Jo C. : Yes, thats bad news I'm afraid.
Jo C. : The Magistrates found that exceptional hardship would apply if you were banned which is a decision they are free to make but it doesn't bind the council I'm afraid.
Jo C. : The Councils are free to make their own decisions over road safety.
Jo C. : You are always free to appeal further.
Jo C. : But there isn't any case law that would prevent them from taking this decision. Its just a matter of appealing further and asking them to revisit their decision.
Jo C. : The issue is not though what impact this revocation would have upon you. It was at Court but not here.
Jo C. : What you need to address here is why you are not a road safety risk for the Council
Jo C. : If you have been addressing the wrong issue then that might be worth pursuing.
Jo C. : On your substantive point though, this is a decision they are free to reach and there is no case law that would mean that they cannot.
Jo C. : Whether you can persuade them that its not appropriate is another matter.
Jo C. : I'm very sorry but I can only give you truthful information.

OK Thank you for your help. I will of course appeal to their better nature and hope that my accident free tack record will show I am not a risk. It has been suggested however there could be a human rights issue because the magistrate has made a ruling, Is this an area you are familiar with, and would you no if this is likely.

Jo C. : I know human rights very well but it doesn't apply here.
Jo C. : At least, human rights always have an impact but its not a point that could be taken here.
Jo C. : The only one I can think of is the right to a private life but that is capable of derogation in the interests of road safety.
Jo C. : This is essentially what the DVLA do all the time.
Jo C. : The ruling of the Court is not such that it binds the hands of other agencies I'm afraid.

Thank you for your help

Jo C. : No problem and all the best. Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile
Jo C., Barrister
Category: Law
Satisfied Customers: 69268
Experience: Over 5 years in practice
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