London taxi fleet proprietor faces court action after driver with revoked licence caught working
A London taxi driver and fleet proprietor faces court action after driver with revoked licence caught working.
During the pandemic, some cabbies experienced problems getting medicals from their GPs required as part of either a licensing renewal application or when they reached an age that necessitates a medical mid licence.
According to the Licensed Taxi Drivers’ Association (LTDA), Transport for London (TfL) did take a ‘pragmatic approach’ to dealing with issues over the pandemic and allowed extensions to existing medicals, trying to help drivers where they could. However, there were some drivers who either through ignoring letters, calls, or emails or having failed to keep their address up to date on TfL’s system, did end up having their licence revoked for not having an up to date medical.
One such driver was stopped by on-street compliance as part of a badge and bill check and when it was found that his licence had been revoked, his badge, bill and identifiers were seized and the cab was returned to the rental garage.
The cab in question is run by an LTDA member who rents some cabs, alongside driving one for a living. The cabbie was said to be ‘stunned’ to be told that he may be prosecuted for the offence of ‘making a cab available to an unlicensed driver’ and also ‘permitting a cab to be used without insurance’ (as the driver was unlicensed the cab policy was invalidated). He was said to be ‘even more shocked’ to receive a call two months later reminding him to be in court in two days’ time over the matter.
A LTDA spokesperson went on to say in the TAXI Newspaper: “Our member did precisely what every other proprietor does when someone rents a cab. He checked the expiry date on the driver's badge and bill and held the original cab licence as required. He examined his DVLA driving licence and did an online DVLA licence check for points etc. and even had the driver sign a contract before giving him the keys to the cab. As he said to our solicitor “what more can I do, how am I supposed to know his licence was later revoked?”
“The real failing here is that TfL did not attend the driver’s house to take possession of his badge and bill, as they are supposed to do after a licence is revoked. If that had been done, they could have identified the proprietor and told him what had happened. Having failed to do so, why are they so keen on prosecuting such an obviously flawed case, against someone who has done nothing wrong? We have also recently learned that there are other similar prosecutions being run against other fleets.
“Trying to figure out why TfL would go after fleets in this manner leaves us wondering whether they see this as a way to justify bringing back the online licence checker, which they were made to take down by the then Mayor, Boris Johnson, following complaints from the LTDA?"
“Our in-house lawyers are well underway researching case law and have assigned a specialist licensing barrister to defend our member. We will keep the trade updated.”
