Calendar An icon of a desk calendar. Cancel An icon of a circle with a diagonal line across. Caret An icon of a block arrow pointing to the right. Email An icon of a paper envelope. Facebook An icon of the Facebook "f" mark. Google An icon of the Google "G" mark. Linked In An icon of the Linked In "in" mark. Logout An icon representing logout. Profile An icon that resembles human head and shoulders. Telephone An icon of a traditional telephone receiver. Tick An icon of a tick mark. Is Public An icon of a human eye and eyelashes. Is Not Public An icon of a human eye and eyelashes with a diagonal line through it. Pause Icon A two-lined pause icon for stopping interactions. Quote Mark A opening quote mark. Quote Mark A closing quote mark. Arrow An icon of an arrow. Folder An icon of a paper folder. Breaking An icon of an exclamation mark on a circular background. Camera An icon of a digital camera. Caret An icon of a caret arrow. Clock An icon of a clock face. Close An icon of the an X shape. Close Icon An icon used to represent where to interact to collapse or dismiss a component Comment An icon of a speech bubble. Comments An icon of a speech bubble, denoting user comments. Comments An icon of a speech bubble, denoting user comments. Ellipsis An icon of 3 horizontal dots. Envelope An icon of a paper envelope. Facebook An icon of a facebook f logo. Camera An icon of a digital camera. Home An icon of a house. Instagram An icon of the Instagram logo. LinkedIn An icon of the LinkedIn logo. Magnifying Glass An icon of a magnifying glass. Search Icon A magnifying glass icon that is used to represent the function of searching. Menu An icon of 3 horizontal lines. Hamburger Menu Icon An icon used to represent a collapsed menu. Next An icon of an arrow pointing to the right. Notice An explanation mark centred inside a circle. Previous An icon of an arrow pointing to the left. Rating An icon of a star. Tag An icon of a tag. Twitter An icon of the Twitter logo. Video Camera An icon of a video camera shape. Speech Bubble Icon A icon displaying a speech bubble WhatsApp An icon of the WhatsApp logo. Information An icon of an information logo. Plus A mathematical 'plus' symbol. Duration An icon indicating Time. Success Tick An icon of a green tick. Success Tick Timeout An icon of a greyed out success tick. Loading Spinner An icon of a loading spinner. Facebook Messenger An icon of the facebook messenger app logo. Facebook An icon of a facebook f logo. Facebook Messenger An icon of the Twitter app logo. LinkedIn An icon of the LinkedIn logo. WhatsApp Messenger An icon of the Whatsapp messenger app logo. Email An icon of an mail envelope. Copy link A decentered black square over a white square.

Council ‘exceeded its remit’ in enforcing taxi route test

An Aberdeen court has ruled that the city council exceeded its remit in requiring private-hire car drivers to pass a street knowledge test
An Aberdeen court has ruled that the city council exceeded its remit in requiring private-hire car drivers to pass a street knowledge test

An Aberdeen law student has convinced the city’s sheriff court to overturn a council decision to reject his application for a private-hire car driver’s licence.

The sheriff ruled the council’s licensing committee had exceeded its powers in insisting on Sam Murray passing a street knowledge test.

Mr Murray said the outcome raised the prospect of other people taking Aberdeen City Council to court for rejecting their applications in error.

He told the court the committee’s policy was “illegal and unenforceable”, and that it had potentially cost many people an income.

The case arose after Mr Murray, who represented himself at last month’s court hearing, was turned down for a private hire licence last year.

Mr Murray, 27, had hoped to work as a private-hire driver to support himself financially while studying.

Sheriff Graeme Napier said the committee should have stuck to the provisions of a UK Parliament act from the 1980s, which states that such a test need only be taken by those applying for a taxi driver’s licence.

The Civic Government (Scotland) act 1982 sets out a two-tier regime which distinguishes between taxis and private-hire cars.

Taxis can pick up passengers who hail them on the street and at ranks, as well as taking on pre-booked fares, while private hire-cars are restricted to advanced bookings.

The act says taxi drivers must pass a street knowledge test because they have to work out routes on the spot. Private-hire drivers can bypass the requirement, however, as they have time to plan their route.

But in 1990 the committee approved a policy that spread the requirement across both types of driver in the interests of customer service.

Mr Murray met the committee late last year after being given an opportunity to explain why he should be granted a private-hire license as an exceptional case.

He said the Civic Government (Scotland) Act 1982 overrode the committee’s policy and that he should not have been required to take a test.

Mr Murray reasoned that advances in technology, namely satellite navigation, made such a test unnecessary for private-hire drivers and that he had an above average knowledge of the city roads – but the committee remained unconvinced.

Mr Murray then took his case before Sheriff Murray, who said that while the 1990 committee had not acted in a “perverse of irrational” manner when it developed the policy, it had gone beyond its remit.

Following the ruling, Mr Murray said: “Not only have I vindicated myself, I feel I can now help a lot of people who were declined a legitimate income for 25 years because of this illegal practice.”

He added: “Anyone who has applied for a private-hire licence since 1982 has been forced to sit this test.

“They’ve essentially become a taxi driver and that’s not what they applied for. You’ve had people going through expensive schooling, people having to sit this test, causing them great stress … and having to seek other employment.

“People have lost out here. They’ve lost their fees for applying or they’ve had to become a taxi driver and incur all the fees that go with that.”

An Aberdeen City Council spokesman said: “Our officers are currently considering the committee’s position in light of the sheriff’s judgment and will provide appropriate advice to members in due course.”