If your application to become a taxi driver has been refused at the outset, or if your licence was subsequently suspended or revoked by your Local Authority, we understand this can be upsetting and stressful to deal with.
However, this doesn’t have to be the end of it. Many of these decisions can be appealed and we can help you through this daunting process.
Here is what you need to know about the possible reasons for your licence being refused, suspended, or revoked, and crucial information as to what you can do about it.
The ‘fit and proper’ person test
What is a ‘fit and proper’ person? This is the test used by the Local Authority to determine whether any applicant should be granted a licence. Once granted this test still applies, and the Local Authority can suspend or revoke your licence if information has been provided to them that makes them question your ability to satisfy this test.
Unfortunately, there is no legal definition for what the test is and how it is applied. The council need to make a judgment on this and they can use any information given to them to make their judgement. Examples of information they look at are:
- Record of any driving offences
- Record of criminal convictions or police cautions
- Medical fitness to drive
- Any reports made about your behaviour towards road users and passengers
- Failures to comply with any licensing conditions set
If your licence is refused, suspended or revoked you are entitled to be notified as to the reasons for this within 14 days.
What to do next?
It is important that you understand the deadlines you have in these situations. Once you have received the notice from the Local Authority you have 21 days to file your appeal to your local Magistrates Court, so it is advised you get legal assistance as soon as possible to avoid missing this deadline.
A solicitor will be able to help you with the following:
- Look at your particular circumstances and advise you as to your prospects of success
- Advise you with regards to the best options available to you in order to advance the strongest arguments for appeal on your behalf
- Draft and submit the appeal for you
- Assist you in gathering any evidence that will support your case
- Prepare and guide you through the next steps in detail to ensure you feel confident and assured every step of the way
- Represent you at the appeal hearing itself
It is important to note that a court fee of £62 is payable alongside your appeal. This is in addition to any solicitors fees you have been quoted.
Can you continue to drive in the meantime?
As long as your appeal is filed on time, you would usually be allowed to carry on working as a taxi driver while waiting for a date to be set for your hearing.
However, if in doubt, we strongly advise that you seek legal assistance as soon as possible as the specific details of your case may be different and it is important to be certain in order to avoid getting into further complications.
The appeal hearing
Initial hearing
There will usually be an initial hearing where the issues in the appeal can be discussed between the parties, and depending on how much evidence there is to present, the court can estimate how long the case is likely to last. This will help the court find a suitable date for the appeal hearing to be heard. There may be some deadlines set at this hearing that both parties but comply with.
Final hearing
The council will present their arguments and any evidence in support of their decision. They can then be asked questions about their evidence and how they reached their decision. You will then be given the opportunity to give evidence yourself (as well as any witnesses you might have in your case) and you can then also be questioned about the evidence you provide.
The decision
Based on the evidence heard from both sides, the magistrates will use their judgment to decide whether they believe you are a ‘fit and proper’ person to hold a licence. They will then either uphold, overturn or modify the council’s decision.
Should you not be successful, you may be able to appeal to the Crown Court, however you will need to be further advised about this.
If you find yourself in any of these situations, please contact us today for a quote.
Our solicitors can provide you with expert advice and representation for these matters at any stage of the process.
Mavalynne Lewis is a highly experienced and successful criminal defence solicitor based in our Oxford office .
She has developed specialism in this particular field in Oxford and the Thames Valley.
Contact us at https://lewisnedas.co.uk/ using our enquiries page and or call on 020 7387 2032.