Agenda item

LICENSED HACKNEY CARRIAGE DRIVER REVIEW OF LICENCE STATUS - J TRENIK

The Director for Place will submit a report on a licensed hackney carriage driver review of licence status.

Minutes:

The committee –

 

(a)

considered the report of the Director of Place;

 

(b)

heard from Mr Trenik; 

 

(c)

 

heard from Mr Trenik’s representative, Mr Wildman and had sight of documents provided to support his hearing;

 

(d)

heard details of Mr Trenik’s driving offences and failed vehicle inspections;

 

(e)

heard from the licensing officer regarding several amendments to the report;

 

(f)

having taken into account that –

 

 

?

three of Mr Trenik’s penalty points had recently expired;

 

 

?

Mr Trenik stated that he did not receive notification of the court hearing and was therefore unable to represent himself;

 

 

?

Mr Trenik had not received a conviction since October 2009, although he did receive a fixed penalty notice for contravention of a traffic light signal in October 2011;

 

 

?

Mr Trenik stated that he was not carrying passengers when he committed any of the offences;

 

 

?

Mr Trenik stated he would suffer hardship if he was unable to continue as a taxi driver;

 

 (g)

was concerned that –

 

 

?

Mr Trenik accrued a current total of 11 penalty points since January 2009 which were awarded in respect of two speeding offences, using a handheld phone whilst driving and contravention of a traffic signal;

 

 

?

none of these offences were reported to the licensing department in the correct manner resulting in a breach of the terms and conditions of his licence on each occasion;

 

 

?

in addition, his vehicle had failed an inspection on six occasions in the last 14 months; some of these inspections revealed very serious defects in his vehicle;

 

 

?

Mr Trenik admitted that he had driven in a vehicle which he believed could be defective;

 

 

?

Mr Trenik completed a form for renewal but failed to declare any of his convictions.

 

The Hackney Carriage and Private Hire Drivers’ Licensing Policy stated that motoring offences and contravention of licensing conditions were relevant offences for considering the suitability of a person to retain a licence.  In addition the Plymouth City Council Act 1975 19(1)(b) enabled the Council to suspend, revoke or refuse to renew the licence of a diver of a hackney carriage or private hire vehicle for any other reasonable cause.

 

Members considered that as you were a licensed hackney carriage driver he should have regard to the rules of the road at all times. It was not known why the magistrates did not consider disqualification when his original points tally reached 14. However, Plymouth City Council was charged with protecting the safety of the public. They considered that his convictions, fixed penalty points, failed vehicle inspections and attitude towards the condition of his licence indicated an alarming lack of consideration for the safety of his passengers and the general public.

 

The committee agreed it would be a proportionate decision to suspend Mr Trenik’s licence for 21 days and also require him to re-sit his driving test; this must be completed within six months. Failure to provide the licensing department with a newly passed driving certificate by 22 August 2012 will result in him having to appear before this committee and all sanctions against his licence will be considered at that time.

 

In addition, as the Taxi Licensing Committee does have the discretion to direct a driver appearing before it to complete further training or re-training, should the driver’s suitability to retain a licence be called into question, Members direct that he is required to obtain the level 2 VRQ in Transporting Passengers by Taxi and Private Hire or equivalent within the next 12 months and attend at the licensing department when this has been attained.  Should this qualification not be completed by February 2013, Mr Trenik will be brought back before the committee and all sanctions against his licence will be considered.

 

(Councillor Delbridge left the room for this item only).

 

The committee raised concerns regarding the standard of both private hire and hackney carriage vehicles.

 

The committee agreed to instruct officers to take the necessary action to ensure that all vehicles both private hire and hackney carriage are to the required standard and if the standard is not reached, the appropriate action is taken.

Supporting documents: