A VIEW FROM THE NPHTA
Stopping or waiting for approaching customers is NOT an offence.
Parking in a parking bay……really? Would that be council car parks, or are they suggesting acting as enforcement agents for private parking companies?
Picking up or dropping off a passenger on double yellow lines for example, is NOT an offence, but most traffic wardens do not understand either licensing or PCN case law and would issue a ticket, which would then be reported to licensing. The driver would receive three points for not having committed an offence.
We will be publishing a more detailed article on this topic in our November issue, but in the meantime, have a look at
https://bit.ly/34cA7nA as a taster.
Sounding the vehicle horn to announce arrival, cause distress/alarm - 3 points
For goodness sake, don’t use your “audible warning device”, (its designed purpose) to warn others that their action may result in injury… - 3 points for that one!
SHOCKING!!! Urinating or defecating in a public place - 5 points
That’s right, this policy makes the allegation that drivers rou- tinely defecate in the street in order to shock the committee into approving these schemes!
Yes, I know it could happen, but out of more than half a million licensed drivers, and in over 30 years, has it ever actually hap- pened? (It’s worth noting here that there is actually a video doing the rounds of a police officer doing this in a field, mid-chase, using his sock as toilet paper…no!!!! We will NOT post the video here!!!) but even then, it is a criminal offence and a matter for the police to prosecute; “not for serious offences”, remember?
I could go on here forever and analyse the entire list, but that is a matter for consultation and membership, not publication, so please, follow the links and make your views known.
WHAT IS THE PENALTY POINTS SCHEME?
A method of punishment without defence, which adds points to your council issued hackney carriage or private hire licence - not to be confused with a DVLA licence.
These penalty points vary in severity, number of points, even how many points would result in being referred to licensing committee.
In essence, it is merely a way to grant more powers to licensing staff, less defence for drivers, less committee hearings, saving the council time and money.
Many local authorities describe this idea as “a way to simplify OCTOBER 2020
the process for drivers, and reduce the number of committee hearings required”, which makes sense, and would be OK if the offences were reasonable, and were NOT open to subjective of- ficer opinion or misunderstanding, and could not be abused. But the fact is that in many cases the offences may not actually be offences or may even be false complaints made simply be- cause of a personal dislike.
Another explanation we have seen is: “to improve the standards of the trade,” although I am not sure how having a licence re- voked after not having done anything wrong is an improvement on anything.
WHAT IS CHANGING?
Where it was, or maybe still is, a licensing committee decision as to what action to take, this scheme allows licensing staff to punish you for complaints made against you without an ade- quate means of defence; in fact in some cases it is actually worse than that, since we even found examples of licensing au- thorities where they add between four and 12 points just for ap- pealing points at licensing committee!
Hang on: an officer gives you three points, having been reported for pipping your horn to stop someone getting run over; you appeal against the three points to committee, and could be given a further 12 points just for appealing, and lose your li- cence!!! The only offence you committed was to save the life of a child!
Failing to observe rank discipline, so a driver complains due to not liking you, bang - points are awarded. Remember, there is no committee to whom you can defend the allegation.
Contravention of any other driving/road traffic offence, whether convicted or not. Note the term “whether convicted or not”….so you collect more points even if though you may have not actu- ally committed any offence!!
As if these were not enough, check this one out:
Using a vehicle subject to a suspension order issued by an au- thorised officer or a police officer. Firstly, this assumes that the suspension is with immediate effect; secondly it does away with the right to appeal; thirdly it does not differentiate between “using” and “providing a service using.”
SPELLING IT OUT - Imagine the scenario:
1) You use your communications device (radio) to let your op- erator know you are available - 3 points
2) Your operator gives you a booking via the same device - 3 points
3) You acknowledge that same message via the same device - 3 points
4) You arrive at the destination and park slightly on the pave- ment due to being on a narrow street to allow traffic to get past you - 4 points
You have lost your licence and have not even picked up your fare yet!
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