DIABETIC TAXI DRIVERS
Rather ironically perhaps, as Call Sign makes it’s first trip outside
the UK to Paris, I heard about two items that made me sit up and wonder whether we are
heading towards Europe at an irreversible rate of knots while disregarding any worrying
signs that could possibly change our lives for the worse.
The first item concerns the possible ruling on taxi drivers driving no more
than 48 hours a week. Whether Neil Kinnock’s resignation along with the other
Ministers will have any effect is not known at present. But it is in connection with the
second ‘ruling’ re licensed taxi drivers and Diabetes that I want to talk about
here.
The January issue of Call Sign contained a press release from the Public
Carriage Office about diabetic taxi drivers and gave conditions under which diabetic
drivers may or may not carry on driving their cabs and earn their living. In conjunction
with the taxi trade press, I published it exactly as it was sent with no comment added on.
I wasn’t too happy about what I was reading at the time but refrained from commenting
as I wasn’t sure if I understood what the release was inferring and I didn’t
know anybody that the release actually applied to. I do now…
I was approached by the wife of an ex-Dial-a-Cab driver who explained why her
husband, a licensed taxi driver for over thirty years, has now been thrown onto the
scrap-heap seemingly by the very people who are supposed to be looking after the interests
of the licensed taxi trade - the PCO.
Her husband has been a diabetic for five years and has been very successfully
controlling the effects by taking daily tablets. As our bodies age, we have to change the
way we do things. Diabetics are no different. In April 1998, this driver - instead of
taking several amounts of pills each day - now needed one Insulin injection per day. He
dutifully reported this change to the PCO only to be told to bring his badge and bill to
Scotland Yard. He did so and hasn’t seen either since. He had lost his livelihood.
Is It the Law?
If you look at your DVLA driving licence, you will find that it licenses
you up to the age of 65. If, however, you are a diabetic and can show the Swansea-based
authority that your Diabetes is controlled and that in the opinion of a qualified
medical person you are safe to drive a vehicle (under 3.5
tonnes), then you will be given a driving licence that must be renewed every three years.
That sounds fair enough to me.
Few of you will know of Hugh Tully. He is a serving police officer with full
driving abilities but whose job involved mainly driving vans for the Metropolitan Police
Force. He has been confirmed as diabetic for 11 years but has never faced any problems
with those in charge of his department or with his driving ability.
Then five years ago, Hugh Tully suddenly found that a blanket ban had been
put into place and suddenly he was no longer allowed to drive for the MP. In 1997, armed
with medical letters and evidence from qualified specialists proving that his Diabetes was
under control and posing no danger, Mr Tully was once again allowed to drive police vans.
One year later, and according to his own words having "…asked the right, albeit
awkward questions," Hugh Tully was fully restored to all driving duties with the MP.
So as a diabetic police officer, Hugh Tully can now drive at full throttle
down Park Lane but a diabetic taxi driver cannot drive down there at normal speed with
a passenger. I emphasise the phrase ‘with a passenger’, because a 3
year DVLA driving licence allows him to drive his taxi down Park Lane as a private vehicle
with his wife in the back. Neither does his insurance company have any problem - only the
PCO do.
The same blanket ban that stopped Hugh Tully from carrying out his profession
as a police driver was also in force within the Fire Brigade and the Royal Mail. All three
blanket bans have now been dropped and every case is now rightly treated on it’s own
merits.
Judging by the above, there is obviously no law that prevents a diabetic from
carrying out his or her living as a driver - provided qualified medical opinion says that
it is okay for that person to do so.
Euro Directive
It seems that the PCO have taken note of a Euro-Directive (91/439EEC) that
was passed by the European Council of Ministers for Transport in 1991. This Directive
introduced the principle of ‘harmonisation’ and mutual recognition of driving
licenses. It also includes a section on "minimum standards of physical and mental
fitness for driving a motor vehicle."
However, one point that the PCO may not realise is that the European
Commission have stipulated that national legislation should be applied to professional
drivers such as those driving taxis. The Commission say that it is left to the discretion
of the British authorities to impose any of the EC stricter driving regulations such as in
the case of Diabetes - which would apply in the case of this taxi driver. However, one
wonders exactly what we should gauge from anything the Euro-commissioners ever say or do
following last month’s mass resignation.
And the PCO say…?
The PCO sent a standard letter out to several drivers which said that
Insulin dependent Diabetics would be treated on their individual merits "subject to
satisfactory annual consultants certificates." Almost certainly, the drivers referred
to would have no problem with that and it would bring the PCO into line with other
licensing authorities. But they are now claiming that the letter was sent out by mistake
and that the drivers still cannot drive their cabs and earn a living.
Last month, at least one of the drivers went to Scotland Yard to launch an
appeal together with a solicitor and barrister. On March 16th he was told by
the PCO that they had taken note of his representation but decided that his appeal had
failed.
The irony of the whole matter is that had he gone onto Insulin five months
earlier - before the beginning of 1998 - his licence would not have been taken in the
first place. I am not - and never have been - a PCO ‘knocker’. I believe that it
is they and the Knowledge that have made us what we are - the best in the world. But in
this case, their decision stinks.
If you know of anyone else in a similar position, let Call Sign know and I
will pass on the relevant information.
Call Sign would be happy to provide any space for Roy Ellis to reply.
