Court Result - Cabbie Guilty - Lost His Green Badge? LG22YFN
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- čas přidán 23. 01. 2024
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The cabbie himself struck me as a kind and decent man, calm and well spoken. We chatted amicably after court and he understood why I do this, and gave me a hug as I wished him the best. He knows it isn't personal, and that I'm trying to improve road safety.
Also I know the end bit is out of order - that's because I filmed it with the idea of having that before BBB's segment, but BBB's segment is so good that it deserves to be near the beginning. Soz, and I'm too lazy to refilm the end bit.
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Nice touch having Blackbelt barrister on the channel to go through the legal lingo.
He's a bigot.
So, the blackbelt barrister won't say this, but as an ex lawyer and current magistrate, I will. Some lawyers just want to have the perception of doing a good job and being able to charge their client a large fee by presenting these sorts of ludicrous arguments, that a first year law student would dismiss. Strict Liability is something you learn about very early in your studies and the wording of the legislation is not remotely ambiguous based on the clear evidence we saw. But the lawyer can say to their client that the magistrates got it wrong and that his arguments were correct and is an unjust result etc, and the client goes away with a large bill and thinking he got his money's worth. He'd have been better off with an unscrupulous solicitor who would have advised him to plead guilty, saving a the legal fees and prosecution costs.
As someone who has never studied law, I think this is pretty much common knowledge. They are happy to lose a case they know they will lose from the start as long as they get paid.
Maybe the lawyer got his training the same place the taxi driver did his?
Given the way drivers looking at their phones don't notice you, even when wearing a bright jacket, suggests he wasn't startled.
Mikey as always you present yourself in a very professional manner, thanks for trying to keep our roads safe.
Now we all want to know the name of the firm who dragged this case out when they did not have a leg to stand on . nice one Mikey .
Why would you use a device that could lead to a conviction in a busy london street with people watching. Shows a degree of arrogance
Saw about twenty this morning, don't have time to report them all but at least two will be receiving letters soon haha
Boredom
I hope the cab driver didn’t pay the solicitor much money, because it doesn’t appear the solicitor had done any real preparation (didn’t even know his client’s name). Although even a good lawyer would have struggled to have got the cab driver off with the evidence available. Interesting to hear Black belt barrister’s take on it.
probably promised to get him off in the hope that Mikey wouldn't attend.
Caught two more this morning myself.
Fancy seeing BBB here! Great commentary and co-operation, and a good result.
As you pointed out, there is a long, empty lane of parking spaces to the left of the taxi, and parking wasn't suspended that day. With that stop-start traffic, how many spaces would a driver 'lose' by pulling over and dealing with whatever needs to be dealt with?
I do think it's time more people refuse to travel with those who use their phones when driving. Who travels with a drink-driver nowadays? We need to give phone-driving the same stigma.
Professional driver, no sympathy.
THIS^ it really is that simple! You know the risks, not only to public safety, but to your own licence/Green badge!
If you honestly cared enough, you wouldn't risk it!
Man i walk my dog each day, I love my dog like a son, each car that passes the pavement I lock his leash just incase he suddenly bolts out into the road!
I'm very switched on and fully alert to the risks/dangers that might happen at any given moment, the thought of being in control of a car whilst browsing my phone is absolutely ALIEN to me, It could never happen, i'm a responsible adult, not a child, I care about others and I could never forgive myself if I caused an accident, or worse even, caused a death!
Leave your fucking phones alone ppl, wake up and take responsibility!
"So you can't even touch it if it's in your hand" 02:41. There's an oxymoron to end all oxymorons.
Really enjoyed hearing the in's & out's of this.
BBB was great.
THANKS Mikey, your a great guy.
We all want safe roads.
Much appreciated!
Passengers should film any cab driver who is using a handheld device whilst driving, then get out (or at the end of their journey get out) and refuse to pay (maybe donate the fare to a charity), give the driver their details, when the word got round cabbies would stop this dangerous habit.
“Over officious citizen” really, you are reporting a very dangerous action that could lead to injury or death to others, that’s not officious in any way.
It doesn't give you much hope, if your Solicitor cannot remember your name multiple times! 🙈
It’s a shame when the defence has weak representation because everyone deserves good defence under the law but also because the defendant can egotistically shift the blame onto their lawyer.
This is a very simple case to prosecute. The taxi driver has ver clearly displayed that he has his mobile phone in his hand whilst in charge of a vehicle. To make the situation even worse he has a passenger on board. With zero regard for anyone's safety. He therefore should lose his green badge as well as his driving licence. There is no defence for the driver in this case.
The solution to this is so, so simple. Don't for any reason touch any mobile device while in charge of a vehicle. It isn't rocket science. Perhaps the message will finally circulate the taxi driving community and they will stop breaking the law.
Hopefully he did loose his taxi badge and licence ... 🚕
@@Kurwajegomacfolks like you are in no position to determine whether it takes a rocket scientist to understand a given proposition or not... this is because even an orangutan seems like a rocket scientist to you.
@@kennethg9277Someone got offended...
Very thorough. Hearing all the factors of the case was helpful in understanding the outcome. Thank you for taking the time to explore the issues.
Maybe if taxi passengers did get out and refuse to pay taxi drivers would be less likely to do it. Just imagine if the driver hit a pedestrian how guilty you’d feel for not taking a stand.
Most people in a cab in London are tourists or entitled rich people, neither know the law.
@@GilesWendesthey neither know the law, nor do they care, nor does the law apply equally to them as it does to others.
@@GilesWendes Absolutely everyone knows that it’s illegal to drive whilst using a mobile device !
It is clear that this Cabby, and his lawyer too are bad LIARS, if he would have been using his phone for a "legal" action, why would he have dropped the phone when Mikey talked to him ?
You have to be really stupid if your livelyhood depends on your license to do things like this, so it's well deserved IMHO.
telling lies in court is perjory send them both to jail
Question - as the law is written, it states "to make a contactless payment." If the cabbie is receiving a contactless payment, is that a different thing?
Thanks BBB for answering
That was a very informative video and the collaboration with the Blackbelt Barrister was really useful, clearly explaining that the taxi driver had no case to answer for. You have no worries at all about the work you do Mikey as the BBB is very clear in his legal observations. Unfortunately for the taxi driver, he loses his Green Badge, but he chose to use his mobile phone whilst in charge of his vehicle and obviously not in control. If I’d been his passenger I’d have insisted he let me out of the cab, as clearly unsafe. Many thanks to both you and the BBB, Mikey 👍👍👍
Zero sympathy here. He's a taxi driver and had a passenger in his cab with him, and he _still_ decided to "phone-drive".
He basically asked to lose his green card.
Interesting, the cab driver not only attempts to blame the passenger but also Mickey. Says it all really.
#LG22YFN video - excellent commentary from the BlackBeltBarister. It is amazing how clear, detailed and precise the law is regarding the use of mobile phones. That was a superb addition to your video Mikey. I’m surprised how many people choose to ignore the law and get angry when they are caught. Great job!
Good result Mikey and the driver deserves to lose his licence with TFL. Now maybe taxi drivers may realise that you can't use your mobile phone when you are working you shouldn't use your mobile phone. I also think now that mobile phone use should be that if you get caught using your phone for any reason except for an emergency, then it is an instant ban and loss of driving licence for at least 6 months. That driver could have easily pulled over and took the fare and the same goes for anyone needs to take a phone call if you don't have handfree system in your then you pull over, turn off the engine and pull the keys from the ignition before taken the phone call.
hello mikey, thank you for all your hard efforts! :) And thank you for dressing up so nicely and representing the cyclist community in style! :)
How does Regulation 109 (MV Const & Use Regs 1986) impact on the use of Hands Free devices and Infotainment screens?
Excellent work yet again Mikey 👍
Excellent and thorough explanation by BBB too.
Totally avoidable very expensive life choice 😮
Slam Dunk👌👍👌
Why do professional drivers take the risk of losing their jobs like this? They must know what the consequences will be if they’re caught.
They don’t think they’ll be caught…
I'm sure you don't Mikey, but don't listen to the haters. I love what you do, especially as they make the roads safer for me and my friends and family. So please, keep up the good work!
Great to see BBB’s explanation as why the Orville Richard Burrell v Nervous Cochlear (2000) defender was ineffective.
Nice work, Mikey. The concept per se that one lost his livelihood can merit sympathy based on isolated situation, but it’s indubitable that both the cabbie’s hands are on the phone - with a passenger no less! That’s bad. Very bad. I wonder what became of the hackney driver who tried to take away your camera, the doltish one who was ‘looking at’ a game on his phone in Hyde Park? That video takes the cake! I’m sorry about what happened to a loved one of yours because of an irresponsible driver 😔
Great to see you hook up with Black Belt Barrister and really appreciate how you keep us up to date on the cases. Be safe and be lucky 😉
Would there be a record of the exact time of the alleged payment being taken?
If there was such a payment, then yes, there would be, but it wasn't offered in evidence so I suspect it never happened. Also, as BBB says - the exemption is for making a payment, not taking one.
Didn't he say in evidence that the fare went to Bayswater? In which case, why was the passenger paying half-way through the journey? I don't believe in this payment defence at all.
I have no sympathy, the taxi driver knew that if he was caught it would probably be a ban, others now need to think about their actions. You don't need to hold your phone for any reason. If you have to, pull over safely (I put the word safely as it's also surprising how many just pull over without regard for others around them) check their phone then put it away.
Excellent job Mikey
Can’t do the time don’t do the crime 👍
Mikey, forget the idiots making our roads dangerous, I'm appalled at the filthy state of your rear wheel (17:20 onwards). Great to hear from the BBB - fascinating. Keep up the good work!
9:20 the cab driver is guilty of theft, hopefully that comes with jail time
You need to get yourself upto the rural top half of North Yorkshire as we have completely different mobile phones laws here.
Car drivers are allowed to use hand held phones whenever they like, infact the more advanced your car is with tech the more you can physically hold in your hand or place on your lap.( no age limit to this ) Presumably the difficulty in connectivity with modern vehicles makes this compulsory.
Van drivers are also allowed to use there's also at will but I believe you must also try to use your mounted dash device at the same time preferably once your above 30mph.
Lorries, Ridged or Articulated units we seem to be running a every 7th or 8th vehicle can use a hand held device but this can also be placed between ear and shoulder if there are any roundabouts or tricky junctions to manoeuvre around.
The large farm tractor and trailer use is very easy to understand its every other one.
There you go, dead simple up here Happy Driving
Ps Mickey keep up the good work
This was extremely interesting. I watched the full 25 minutes, and appreciated the Blackbelt Barrister's communication skills - he's a professional! Well done Mikey, as you said you may need to keep the camera filming a bit longer,
Thank you for all your work to help improve road safety.
Nice to see BBB co-operating with you Mikey, well done.
Perhaps people who use their phones while driving will take note, it is dangerous and illegal To use your iPhone while driving, if a car driver killed their son or daughter while on the mobile phone. They would think differently.retired lifeboatman.
Even at 0 to 1mph ?
Interesting case and excellent collaboration there.👍
Presumably you'll be slightly adjusting how you film drivers next time as it appears the defence barrister unwittingly provided a useful learning point! 😉
22:22 Thank God you are a "professional complaining witness and an overly-officious citizen". You make the world safer because of what you do. You are an example to us all, and I pray that you inspire others. It is impossible to calculate how many lives you have saved by raising awareness of the dangers of distracted-driving. Keep up the good work.
I would think the 'contactless payment' exemption is in place for things like road toll booths?
Toll booths, drive throughs
Can anyone explain why Mikey has to attend court? The evidence is on film, what does a personal appearance add? I’m assuming he is participating and not in the public gallery. Sorry if this has been asked before
Nice collaboration by two genuine CZcams "influencers" with genuine content , thank you both !
Great idea. Have the BB barrister on. I hope he can explain more of these if necessary.
Impressive run down by BBB - lots of real information, as opposed to other video commentators who say a lot but don't say anything. I was weighed down by BBB's information trying to take it in and put it into context. This was fun (anything educational where I learn something is fun).
BBB is very thorough. But that's his job!
This is the universe crossover we wanted! Just need an Ashley Neal cameo now.
Honest questions… my understanding is using a ‘hands free’ is legal? Surely whether you’re receiving or making a call you take a hand off the wheel and will look at your phone if you don’t have/use voice activation. Your eyes are surely off the road and legally you are not in complete control of your vehicle. If it’s legal, how is this different?
If you take a drink or perhaps are eating, maybe a sandwich, is this also illegal?
It should be a clear cut 'no phone use' but people will whinge about having to change destination on their navigation app etc. I assume that's the reason for allowing use while the phone is held securley in a cradle. Of course, pressing other buttons on the dash is a distraction. Twice someone has driven into the back of my car as they were changing radio stations/music track on their car stereo. I suppose a balance must be struck.
Well done Mikey, totally support what you do. One thing you have gained from this experience is some of the ridiculous defences people/lawyers come up with which can help you with your approach in gathering evidence, such as the “you spoke to him which made him drive off”, 😂 great work Mikey
Intersting distinction between making and taking a payment, but maybe for good reason. Taking a payment will require far more interaction with a phone than making a payment.
It's an exemption geared up so that drive through restraunts can still operate. Nicely narrowed down by clearly omitting accepting payments - no wriggle room there.
I still wonder how many people will choose to ignore the word 'contactless' though and think online shopping is fine as long as you pay at the end of the session. Of course, there are other measures - vehcile must be stationary etc. but some people always look for the excuses and ways around laws, rather than just not touching their phone while in control of a vehicle (which is the simplest thing ever).
Fascinating video. Did you intend that your friend's segment would be after your commentary? ("Let's now hear from..."). The edit might be slightly wrong (not that it matters too much).
Yes, I planned to do it that way, but then BBB's segment was so good it had to go first, and I was too lazy to refilm my bit. Sorry!
CyclingMikey: Your best work yet 😂😂 and more to come I hope! I for one am glad that you got the result as I was hit by a Hit & Run Taxi driver who then ran the RED light too! You keep on going 👍😉
You was hit by a black taxi driver or a mini cab driver?
Excellent catch, Mikey, and a great summary of the legal position by BBB.
Odd that the brief would attempt to introduce _mens rea_ into a strict liability offence. My guess is this was just a case of a "throw everything at the wall you can think of and hope something sticks" defence tactic.
On a side note, the two motorcycles parked on the footpath at 17:52 stood a very good chance of getting a ticket unless there's different regs for yellow lines in Royal Parks. Yellow lines cover the *entire* road - including pavements and verges - right up to the property boundary on each side of the road (and sometimes beyond).
Great insight to the actual Law side of things from the BlackBelt Barrister. Sometimes you think things are just black&white/cut&dry - when they just aren't.
Pretty girl looked a bit lost following her phone map lol. Nice cross channel collaboration with Black Belt Barrister, keep up the good work Mikey !
I am a taxi driver and I take contactless payments but only when the journey has ended my taxi is stationary, indicator on and hand brake on.
In my mind he had lots of silly excuses. Well done Mikey in filming this one.
I'm reminded of the excuses offered when the breathalyser first came into use over 50 years ago.
17:56 those bikes shouyldnt be there either
I don't understand the defence at all. Is it not illegal to fabricate a story in court? I'm sick to death of Mikey's victims totally lying in front of a judge to attempt to get off (it was an emergency, I was taking contactless payment). Could the passenger have been called up as a witness in this case? Are there no consequences of lying?
No consequences for lying, even in public office, or if one is a copper.
Wow this guy can talk the far end of a fart.
I mean this is the nicest way, I assumed that you were in your early 30s, so I was shocked to see you talking to camera.
I’m surprised he didn’t have a go at the guy in the grey decorators van eating, no hands on the steering wheel while he was moving.
In germany are the rules totally clear. If your engine is on, you are not allowed to take the mobile phone in your hand. Just put the phone in your hands, meaning you are using it. The fine is 100€ plus 30€ for administration. 1 point for you driving license, 8 points and you are loosing your license.
I can’t understand, why professional drivers take that risk to lose their license.
If a contactless payment was being taken then there would be date/time stamp. The drivers lawyer could have prodcued that and compared that with Mickeys clip date stamp/time if nothing more than to weaken the case.
All black cab taxi journeys I can recall in last few years, the driver collects money at destination. If this is such an issue, then put payment consoles in back of cab to avoid any confusion?
"If this is such an issue, then put payment consoles in back of cab to avoid any confusion?" It is a requirement of tfl that taxis have this facility. If he was taking a payment, then he would have stopped the meter; not very likely!
Nice irrelevance.
6:45 ‘making a contactless payment’ is not the same as ‘receiving a contactless payment’. And his phone or bank / card records would show date & time of the transaction.
I think the real fine will arrive in his postbox containing the invoice from the lawyer........ Great job Mikey!
Mr Nick Freeman is a good solicitor and has got a blackbelt as well.
Unless they had a reasonable excuse (difficulty walking etc.), taking a taxi from exhibition road to bayswater is pure laziness
thank you for your service!
Even moving the phone illuminates the screen on mine; such as when going over a pothole. Excusable to say the car had an interaction with the road as the causative factor?
If the phone's not in your hand, it doesn't matter whether a bump lights the screen up. If it IS in your hand, ...why?
There have been times I have wondered are you being a little harsh on people using their phones whilst stopped. However it was clear from this footage that the driver was not in proper control of his vehicle, to argue that the reason he edged forward when surprised by Mikey just demonstrates that.
Mikey, you're the best! Great video!
I'm not a driver, but what gets me is that so few drivers actually get fined for mobile phone use. This guy is hardly moving, but many other drivers are seen using a mobile phone while moving significantly faster in traffic and even while driving on motorways but they don't get pulled up for it.
I'm sure using a glib phrase such as"whatsapp gap" in your videos could be used in the future to throw shade on yourself as a credible witness.
wow! taking payments on your phone is possible. My husband had a business and the card machine broke but the app they used allowed them to take payment on the phone.
I am in no way saying the cabbie was correct, he was on his phone and it looked like he was scrolling though. but well done and keep going.
The passenger left hand on the left side of face the other hand on the right hand lap.
Interesting, Australia just uses the catch-all "toucch" you can't be touching your phone at all while driving. saves you needing all these use case examples.
Nice one mikey , simply connect to hands free , switch on silent so no auditable prompt of a text or WhatsApp or email Just leave the phone alone The latest trick I’m seeing is drivers watching tv films CZcams on there phones jammed in a crevice on the dash or in the steering wheel and even on the radio unit it’s self. So not holding the phone but watching it. Fucksake
Well done Mikey and a good end result
the collab we didn't know we needed :D
but we don't deserve!
The collab we didn't need or want*
Big up BBB
3D number plate should be enough to prosecute him over😂
Also it's normal to pay at the end of your journey, or before, not during. This is not the end of the journey.
7:37
Were that a contactless payment terminal & not a mobile phone, that defence MIGHT have worked. However, as it was a phone, the only way that MIGHT have worked would have been a timed transfer from the customer’s account to the cabby’s account, and the customer exiting a little later; but ideally that should have been done legally stopped at the side of the road, not in the traffic queue.
Edit; after watching the full video & Mikey’s like:-
Seem BBB covered my thoughts, maybe I should retrain as a barrister as opposed to being a trucker… hehehe (not hapnin, aint sharp enough).
It’ll be interesting to see how TFL viewed this as the driver had 2 x 3point offences already, albeit 1 expired.
I would suspect that the solicitor representing the driver was either a) close friend or family, b) a last minute change or representation on the day of the case, or c) an absolute chancer. The representations made by them were, imho, potentially attempts to mislead the court if they had seen the evidence.
All that said, the likelihood is that TFL have revoked the Hackney Carriage Licence and the driver is no longer able to ply for hire. Therefore the case needed defending robustly.
Could be a bluetooth terminal that's operated by the phone - that's what he showed in court.
You can actually make contactless payments to iPhone. Some of my local taxi drivers do that. However they are fully parked when they do it! 😁👍
@@CyclingMikey, however, that is also a device capable of transmitting &/or receiving data… so the driving aspect still prevents the defense
Indeed, but he wouldn't be holding that terminal as it's in the back of the cab at the partition for the customer to present his card to. @@paulcollyer801
@@CyclingMikey, indeed, but therein is the issue, hand held mobile device connecting & transmitting data to another device…. An admission of guilt under the Old regs no less.
Law is such a lovely thing, as even when apparently clearly written, it isn’t lol
It's good that he is poorly policing this. Over here in the Netherlands we only made mobile phone use while cycling illegal a few years back and I regularly see other cyclists on their phone. The point of the law is that road users should have their eyes on the road and so focused to avoid a collision. But something that is really clear here is that both the taxi driver AND the cyclist are distracted from their respective responsibilities. The driver is focussed on the phone and the cyclist is focused on what each driver he passes is doing. It may not be illegal to use a helmet mounted camera, but it is still clear that the cyclist is distracted. Keep up the good work, but just like any other road user, concentrate on the road conditions.
Knowledge is power.
Wealth and power are power. Knowledge is only significantly useful if you are already powerful.
Videos are very powerful evidence. I don't understand why this case was not wrapped up in 20 mins. Taxi driver should rethink if a career change is needed. If I was a passenger, then I would have said something to the driver about phone use, and I may have got out if it continued.
What is the matter with these people? You're not allowed to use a mobile phone whilst driving. simple and straight forward. Risking your livelihood? Madness, surely.
This would have made a fantastic episode of Judge Judy!
Why aren't there any comments disagreeing with the conviction or the filming by the cyclist ?
Could it be they have all been deleted or hidden by the CZcams video poster?🤔🤔🤔
There are, other idiots like you that don't think laws apply to them.
They could just do away with contactless payments altogether except in shops or the Post Office, as that way there would be no reason for anyone to use the phone behind the wheel to begin with.
Let's face it, we got by just fine without garbage like that and most of the time it comes with more problems than solutions anyway (being used as an excuse is one of them).
Ban everyone.....no more traffic, no pollution 😂
Wales Govt want 10% less drivers , so 20mph (blanket speed limit ) will get many people off the road when prosecuted .
A tell tail that the taxi drive is not paying attension is that large gap infront of the offenders taxi,normal driving you keep the distance alot closer to the vehicle in front.
A Black-belt/Mikey mash-up..very informative.
Glad you enjoyed it
The world needs *more* Overly-Officious Citizens 🙂
They don't seem to be loosing their Green Badges
if your phone is in the holder (for example Quadlock mount) in your car, motorcycle or bicycle. It's on Google maps (or any alternative app), and you sit in traffic, and click to zoom out/zoom in (because automatic zoom made you to not see the next turn), is this also an offense?
I reckon that's OK - phone is mounted, and you have limited interaction with it.
No, because it's not hand-held, which is one of the strict criteria for the offence. You can do as you please if the phone is mounted and be clear of a mobile phone offence. You may be guilty of other offences such as careless driving or not in proper control, but those are more subjective to prosecute.
I am looking forward to @BlackBeltBarrister and @ashley_neal providing some education on Regulation 109 and the impact on Hands free devices.@@dedistaulapanodki6293
Is this the case for cyclists too? I mean can they cycle and use their phone?
Good work Mikey! I really cannot believe this case took 3 HOURS to conclude for crying out loud! It should have been over and done in 10 minutes maximum - what a soft nation we are! 😱
It is wrong to be on your phone whilst driving, and too many accidents have happened due to it. But to walk up peer in people’s car? That passenger could be disabled and not have an alternative? It’s not for you to question them at the end of the day. If this was travelling at speed I’d get it, but inching along in traffic? I just think this is more about your ego and a bit of a power trip than it is about road safety
The reason you think this way, is because you yourself are disabled. Mentally.