Court Result - Cabbie Guilty - Lost His Green Badge? LG22YFN
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- Опубліковано 28 вер 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.
Mikey as always you present yourself in a very professional manner, thanks for trying to keep our roads safe.
definitely
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.
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.
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
You didn't write that correctly.
Why would you, as a professional driver, use a device...
"So you can't even touch it if it's in your hand" 02:41. There's an oxymoron to end all oxymorons.
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.
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...
@@kennethg9277 you are irrelevant. go away now
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 !
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…
@@thetraveller869 like most people that do crimes yup
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
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.
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
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.
Great to see BBB’s explanation as why the Orville Richard Burrell v Nervous Cochlear (2000) defender was ineffective.
Interesting, the cab driver not only attempts to blame the passenger but also Mickey. Says it all really.
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.
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!
hello mikey, thank you for all your hard efforts! :) And thank you for dressing up so nicely and representing the cyclist community in style! :)
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.
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.
Excellent work yet again Mikey 👍
Excellent and thorough explanation by BBB too.
Totally avoidable very expensive life choice 😮
Slam Dunk👌👍👌
Also it's normal to pay at the end of your journey, or before, not during. This is not the end of the journey.
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 UA-cam video poster?🤔🤔🤔
There are, other idiots like you that don't think laws apply to them.
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 👍👍👍
I find it a bit uncomfortable looking and listening to you regarding a man who lost his way to earn .. that’s what I would say to Mikey .. I think it’s a man who gets pleasure from what he does !!.. he says it’s because of what happened to him and he’s doing this to make things safer .. if that’s true then if he felt that way then send the money you make from UA-cam to a charity that helps victims out the money you earn on UA-cam . That’s what annoys me about cycling mikey ..
I would think the 'contactless payment' exemption is in place for things like road toll booths?
Toll booths, drive throughs
Im a delivery driver , planners always phoning me , i have a lot of missed calls daily, they always say amswer youre phone, erm no im driving , i dont even allow hands free, its not worth it! No one is more important that they can wait a few minutes till ive pulled up.its not rocket science dont use youre phone while driving!! Simple
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 is the universe crossover we wanted! Just need an Ashley Neal cameo now.
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).
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,
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 👍
17:56 those bikes shouyldnt be there either
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).
9:20 the cab driver is guilty of theft, hopefully that comes with jail time
How does Regulation 109 (MV Const & Use Regs 1986) impact on the use of Hands Free devices and Infotainment screens?
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 😔
Unless they had a reasonable excuse (difficulty walking etc.), taking a taxi from exhibition road to bayswater is pure laziness
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.
I think the real fine will arrive in his postbox containing the invoice from the lawyer........ Great job Mikey!
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.
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 ?
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
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!
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.
@@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
One of those little square Bluetooth dongles works for payment. But: square will have logged the transaction, so the “it was a payment” defence should have been backed up with a printout of their transaction logs.
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.
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.
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! 😉
The passenger left hand on the left side of face the other hand on the right hand lap.
Great idea. Have the BB barrister on. I hope he can explain more of these if necessary.
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.
Nice to see BBB co-operating with you Mikey, well done.
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).
Anyone else prepared to admit they had to look up the meaning of "obstreperous" 🤣🤣🤣 Let me save you the time.... Obstreperous comes from ob- plus strepere, a verb meaning "to make a noise," so someone who is obstreperous can be thought of as literally making noise to rebel against something, much like a protesting crowd or an unruly child. The word has been used in English since around the beginning of the 17th century.
3:00 just one touch of a smartphone makes you a distracted driver for up to 15 minutes later, studies show
if you accidentally touch your phone, you should pull over for 15 minutes, then continue
The Bench should have proposed to TFL that the law be more clearly explained to badge holders. The law says that you cannot take a payment unless you are stationary. I doubt that many badge holders are aware of this. It is therefore incumbent on the badge-issuer to explain the law to the badge-holders.
The roads would be much safer if all taxi drivers were told that this practice is dangerous and illegal.
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.
Wow this guy can talk the far end of a fart.
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.
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.
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.
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.
Any sign of the promised the cheap eggs any time soon? it's been a while!
The world needs *more* Overly-Officious Citizens 🙂
This would have made a fantastic episode of Judge Judy!
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 UA-cam 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
Thank you CM.
Well done Mikey and a good end result
Nice work Mikey but what about a follow up prosecution case - perjury and driving without due care and attention? Seems entirely reasonable to me.
2:17 drivers need to put their smartphones in the trunk, as more than 3700 people die EVERY DAY from drivers
3700 every year.
@@MyTing775 day!!! ~1.35 million people die from drivers every year, that's 3698/day and climbing
@@bikeelectric4821 worldwide ?
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.
They don't seem to be loosing their Green Badges
🥱🥱🥱🥱😌😌🥱🥱🥱No phone means no phone 🤳🏾 shows you haven't learned your lesson.
3D number plate should be enough to prosecute him over😂
From my point of wiew so many excuses from drivers site who dosen't have balls to say: yes Im guilty
Mikey, you're the best! Great video!
I was wondering if the court case would have been much shorter if you filmed for longer and did not engage verbally with the taxi driver.
"Expect More", obviously not from that cab driver...
Surely if a payment had been taken, there would be a record of it …
But the defence didn't offer any evidence of it. Draw your own conclusion.
So for all of these cases, if the phone was in a cradle you;d be all good? I guess there could be other offences but not so incontrovertible
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
were you the lead singer from the smashing ( err they were ok not " smashing " lol ) pumpkins???? 😛🤣🤣🤣
guilty as charged ...............
Tragic 😢
“He’ll pay his fine back £100 a month, which I’m fine with”
Doesn’t matter whether you’re fine with it - you get no say in the judgment and it’s not made for you or subject to your approval.
Get off your high horse ffs
Looks like MIkey's advertising on the side of the cab at 3:33.
thank you for your service!
Great work Mikey. The fact that you are willing to spend you valuable private time doing this is very admirable. I love the term 'overly officious citizen'. From now on I will refer to people like you and I as OOCs😂
Shame on you
obstreperous? good word!
Guilty. Simple.
Should lose his taxi licence
Maybe the Taxi driver thought you were trying to car jack him.
If he was worried about that he’d be looking up from his phone
Excellent work Mikey
I wonder why people have a drive to interfere with others, it may be illegal but does it require a person to go and look for things to do to others. It makes me think that there is something odd about these vigilantes riding about looking for opportunities to create trouble for others, can they not worry about doing nothing wrong themselves.
Thx!
Phyco 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.
Handsome devil