...UNITE VIEWPOINT
that term - evidence), councils are falling like nine pins and having to now reverse this ridiculous condition!
If you have this onerous condition in your area then you need to challenge it legally. Just one proprietor needs to appeal to the Magistrates’ Court against the decision to refuse to license, or refuse to renew, a vehicle with manufacturer’s tinted windows in the back. The local trade should crowd fund a legal slush fund BEFORE the appeal to ensure that the test tase proprietor has enough money to cover legal expenses (con- sult a good specialist solicitor for fees). You should also join a union or association NOW (Before you need help – as we’re like the ‘AA’ – you can’t call us out or try to join after you’ve broken down or require assistance) Either the National Private Hire and Taxi Association or Unite are a good choice! The collective representation abilities of our groups cannot be overstated.
You should make a Freedom of Information (FOI ) request regarding any/how many inci- dents there have been relating to tinted windows (copy my FOI above if you so wish). Also ask them to supply you with ‘...a copy of your cost analysis’ and/or your assessment of the financial impact of this policy to the local trade i.e. the removal of windows from licensed vehicles. For the avoidance of any doubt, we would like to see the assessment documents which were supplied at the time to, and consid- ered by, the Committee in making their decision?...’ This is what the council’s Licensing Committee should have considered when deciding whether to implement the condition.
Remember the DfT’s words: ‘
...it is to urge local licensing authorities to look carefully at the costs – financial or otherwise – imposed by each of their licensing policies…’
You’d also like, ‘...any documented evidence used by the Council to support the assertion that tinted windows in some way lower the safety in the passenger carriage of licensed vehicles...’
Here’s my question for the meddlers: If there’s no ambient light then it’s impossible to see into a vehicle at night, even in the absence of any tint on the windows – as it is DARK! Therefore, how does the absence of tinted windows in the back assist here??? Answers on a postage stamp, councils please.
In terms of onerous nature and arbitrary stupid- ity, this licensing condition is in the UK Top Ten!
But there is light! You see, local authorities now need to be careful as the trade nationally is now waking up to their options to chal- lenge decisions. But sadly, it’s not the officer’s own money that they’re playing with; remember the old adage,
‘heads they win,
tails you lose’. If they win then the appellant OCTOBER 2019
57
will pay i.e. you; if they lose then the local authority will sometimes pay from the “Taxi Licensing Regime” budget - meaning that you, the trade, will pay.
It is high time that council officers were made and held completely accountable for their actions... Now you know why I call them inex- perienced meddlers!!!
I’ll finish this month by reminding local authorities of the official line from the DfT: ‘... Licensing requirements which are unduly stringent will tend unreasonably to restrict the supply of taxi and PHV services, by putting up the cost of operation or other- wise restricting entry to the trade. Local licensing authorities should recognise that
too restrictive an approach can work against the public interest – and can, indeed, have safety implications...’. QED.
Please by all means email me if what I say strikes a chord with you, if want to take issue or if you have something you would like me to cover in future articles...
Drive carefully.
This article has been supplied by: Sean Ridley Secretary Unite the Union South East Region (Cab Section)
Sean.Ridley@unitetheunion.org
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96
