Taxi drivers win judicial review



A HIGH court judge overturned Newport Council’s decision to impose age limits on Hackney Carriages in the city, meaning a consultation on new taxi regulations must start from scratch.

Mr Justice Beatson set aside the decision at the High Court, sitting in Cardiff after ruling the council failed to deal with responses given by the Newport Hackney Carriage Drivers Association during consultation.

The judicial review was called by the association’s chairman Lionel Morris. It centred on the council’s decision in July that from October, hackney carriages in the city can be no older the 12 years old.

It also stated that all applications for taxi licences must be made within five years of the vehicle first being registered with the DVLA. The decision was said to be based on the safety of the travelling public and the environment.

Mr Justice Beatson said there was a failure in the process to deal with the hackney drivers response.

While not using it in his decision, Mr Justice Beatson had “tentative views” on an allegation of a breach of the code of conduct.

Mr Morris’ representative Pushpinder Saini QC said Councillor David Fouweather- who rubber-stamped proposals- failed to declare an interest, as his brother, taxi driver Wayne Fouweather, was involved in consultations as a representative of the trade.

Mr Justice Beatson said the council didn’t set out to mislead the court by not declaring this, but it must pay an indemnity to Mr Morris based on costs incurred, a breach of the duty of care and candour.

The total Newport Council must pay hasn't been calculated, but Mr Morris estimated costs were "well into five figures".

The council must now go back to the drawing board to decide on new taxi regulations.

After the case, Lionel Morris blasted the council for refusing to enter into discussions with the Hackney Carriage Drivers Association. He said: “We wanted to sit around the table and sort it out. But the council refused and it had to come to court, where it has now cost the taxpayer a lot of money.”

Taxi driver Tariq Tufail of Maindee said: “It’s a relief, the decision would have put my vehicle off the road and me out of a job.”

Haseeb Malik of Somerton said: “We want to work with the council to sort it out. Hopefully now they’ll listen to us.”

Imran Badat of Corporation Road said the decision “secures our livelihoods”.

A Newport City Council spokeswoman said it was disappointed with the decision and the issue will be reconsidered as quickly as possible, with proposals amended to take into consideration the judge's comments.

But, the spokeswoman stressed that regular maintenance checks aren't enough to ensure older taxis are safe and roadworthy on a daily basis.

She said: "Such an age limit policy is already common in authorities across England and and Wales including Cardiff and Swansea."

Idiots, the black cab is built for a specific purpose. The maintenace check is very very strict.