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CARLISLE CABBIE’S CAMPAIGN OVER SMOKING LAWS
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A Carlisle taxi driver who was fined £200 for having a cigarette in his cab has launched a campaign against “unfair” smoking laws. Last month Mr Dal- gleish became the first person in Carlisle to be prosecuted under smoking legislation. It followed him being spotted smoking while alone in his taxi by Carlisle City Council wardens.
Mr Dalgleish was ini- tially issued with a fixed penalty notice but did not pay it, land- ing himself in court. Carlisle Magistrates imposed the maximum fine of £200, plus £75 court costs and a £15
victim surcharge. He has since spoken out against the fine, saying he was alone in his cab at the time, with the window down. He believes the no- smoking laws have now gone too far and has launched a cam- paign fighting for smokers’ rights and calling on the Govern- ment to rethink its laws. People have been posting comments of support on the wall of his Facebook group, called Support Taxi Daggy - his nickname - and he is wearing his campaign T-shirt while out in his cab.
He believes it is unfair
that people can smoke outside in public places without getting prosecuted, but he was punished for having a cigarette when there was nobody else there. His supporters are even threatening to light up at Wembley - a no-smoking stadium - in protest.
He told the Carlisle News and Star: “I just want to see some com- mon sense. I would never have smoked if I’d had someone in my cab but I was on my own with the window down.
“The law’s the law and I’m not disputing the fine. But I do think the law itself is at fault.”
NORTH DEVON DRIVER WINS BACK HIS REVOKED LICENCE
A taxi driver whose licence was revoked because he had nine penalty points has won an appeal to get his badge back. William Smith took legal action against North Devon Council after his licence was taken away by a com- mittee in October. His appeal was heard at Barnstaple Magis- trates’ Court.
Council solicitor Trevor Blatchford told the court the authority had the power to sus- pend or revoke taxi licences on various grounds, including if the driver was convict- ed of a crime.
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Mr Blatchford said the test used was whether or not you would want any close member of your family to travel in a taxi with the driver concerned. If the answer is “no”, and there are proper grounds for saying
“no”, then the licence could be taken away. He said Mr Smith was referred to the coun- cil’s licensing com- mittee because he had gained nine penalty points. They felt the convictions made Mr Smith “unworthy” of having a taxi licence. Mr Smith, from Ilfra- combe, told the court he was a self-employed driver who mainly worked in the Barnsta- ple area. He said there were no passengers in his cab during any of the offences and he had said he was “on duty” because he believed that once you were a taxi you were “always a taxi”. His barrister, Charles Murray, argued the committee had not asked enough ques- tions about the circumstances sur- rounding the con- victions.
He said taxi drivers
could legally keep a licence even if they had 11 points - and that if his client had been applying for a new licence his nine points would not have been an automatic dis- qualifier under North Devon Council rules either.
Mr Murray told the North Devon Journal: “Unless it’s a very seri- ous motoring offence it ought not to prevent him holding the licence.”
The magistrates found on the balance of probabilities it had not been proven Mr Smith was not a fit and prop- er person to hold a taxi licence. They upheld his appeal.
Mmm... common sense (and DVLA law) prevailed. Would that some of those local authorities who sus- pend drivers with only three or six points were reading this! - Ed
PHTM APRIL 2010
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