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Taxi driver in health test row
8:54am Tuesday 18th March 2008
Comments (38)A 69-YEAR-OLD private hire driver who is forced to undergo a medical every year intends taking legal action against City of York Council, claiming age discrimination.
Tony Clayton-Chance claims the authority is breaching legislation by making him take an annual medical examination, at a cost of £150, when drivers aged 45-65 only need one every five years - and under 45s do not need one at all.
Mr Clayton-Chance, from the Bishopthorpe Road area, spoke out after a council licensing committee yesterday refused to change its policy, which it said had the legitimate aim of protecting passengers' safety.
He told The Press: "I am not leaving it there. I am going to consult a solicitor with the aim of taking legal action. I am also going to contact the Government, Age Concern and my MP.
"The council has posters all over the place saying it is anti-discrimination, but this discrimination is costing me £150 a year.
"If the council was saying that Asian drivers had to have a medical every year, that would rightly be considered racial discrimination."
Mr Clayton-Chance, who said he drove children to and from school and carried out other general private hire work, produced a letter from the Department for Work and Pensions' "Extending Working Life Division" to support his case, which said: "Treating people differently because of their age will only be justifiable in exceptional circumstances.
"Therefore with regard to your own specific case, the council should now require every driver to provide medical examination regardless of age, unless they can objectively justify not doing so."
A report to councillors from head of licensing Dick Haswell said that the 2006 Employment Equality (Age) Regulations stated that requiring additional medical certification at a certain age was discrimination.
"The regulations do, however, recognise that there may be certain circumstances where such discrimination is justified if it is a proportionate means of achieving a legitimate aim."
He said all drivers, regardless of age, had to submit details of any serious illness or prescription which could affect their abilities.
He said that to justify the council's policy, it was necessary to show that older drivers were more likely to have medical conditions rendering them less safe to drive than younger ones.
He then referred to a publication by the Royal Society of Medical Press which stated that increased age was associated with less effective visual function, and slowing of cognitive processes and many responses.
He said that requiring all drivers to undergo a medical examination would create a financial burden that could be seen as unreasonable for younger drivers, and would be a higher standard than was required of bus and large lorry drivers.
He added that the York Taxi Association agreed with the council retaining its existing policy.
Have your say
Do you think the council's policy is fair?
Your Say YourYork Press
Angry and Frustrated, York says...
9:11am Tue 18 Mar 08
Galloway Out wrote:Why should he? People forget that in the "old days" retirement was at 65 with average life expectancy approx 75ish. Now people are living well into their 80s.
Of course its not discrimination, its common sense. Older peoples health can deteriorate a lot in the space of a year. Why doesnt he retire like any other normal pensioner?
The purpose of the age discrimination laws was to try and outlaw the antiquated views that you are expressing.
The logical conclusion of your comment is that all people over the age of 65 stand the chance of suddenly dying from some noxious disease which in my world can happen to old AND young alike. What next? Stop every pensioner from driving?
No News Is Good News, York says...
9:13am Tue 18 Mar 08
MissConstrood, york says...
9:16am Tue 18 Mar 08
petethefeet, York says...
9:37am Tue 18 Mar 08
BL, says...
10:03am Tue 18 Mar 08
avidreader, York says...
10:15am Tue 18 Mar 08
"If the council was saying that Asian drivers had to have a medical every year, that would rightly be considered racial discrimination."
What a ridiculous comparison. This is about his age, he's 69 for heaven's sake. It is responsible of the council to insist on this to ensure the safety of his passengers.
my opinion, york says...
11:01am Tue 18 Mar 08
Lt.Dobie, Bay City PD says...
11:21am Tue 18 Mar 08
To BL: Had a cabbie nod off whilst taking me home once...know exactly where you're coming from. HGV drivers have work-hour limits, as do pilots. Do cabbies...???
Gardener, York says...
11:48am Tue 18 Mar 08
petethefeet, York says...
12:05pm Tue 18 Mar 08
Gardener wrote:The money will go to his doctor....not the council. As for 'doing right', all he's going to achieve if he pursues this is another hole in his pocket. He simply doesn't have a legal leg to stand on. That would be the best advice he could receive!
He does right, the older taxi drivers are better drivers than the young ones. The council is just milking people for whatever money they can! If he wanted a handle for his doorside at home he'd have to wait four months, so who are they looking after? Not the older generation that's for sure. If he was under 30 and from a broken home he'd have money thrown at him to do his job!
ears1096, york says...
12:05pm Tue 18 Mar 08
Surely its in our own interest that all taxi drivers are fit to do the job.
bobby dazzler, york says...
12:18pm Tue 18 Mar 08
Peenjay, Fromere says...
12:55pm Tue 18 Mar 08
If the Council was stupid enough to allow this person alisence to be a cabbie....heavons above ...by some convaluted argument they could face litigation, in the event of an accident.
Where's the problem?....surely whatever is charged for the "medical" would surely a claimable expense....and HE would know that HE or his health wa the cause for any accident.
I knoe bemused would get into me if ZI continued......so I stop my rant while I'm ahead.
Peter, york says...
12:59pm Tue 18 Mar 08
Peenjay, Fromere says...
1:05pm Tue 18 Mar 08
Peter wrote:Hear, Hear......!
It would be age discrimination if they refused him a licence because of his age which they are not, it's perfectly reasonable to request a medical to prove he is still fit to taxi when at an age where health deterioration can happen a lot quicker.
eggonlegs, York says...
2:02pm Tue 18 Mar 08
blood pressure check, pee litmus test for diabetes, weight and height measurement, reflex test, read the sight board, i reckon the cost to me this year will be £195 for about 20 minutes work, whole lot of money, all done by the nurse, all the Doctor does is put the listening scope on your chest, asks you if you feel ok then signs the form
every doctor seems to have a different price, but you can only go to your own doctor
petethefeet, York says...
2:06pm Tue 18 Mar 08
exYorkist, USA says...
2:07pm Tue 18 Mar 08
avidreader wrote:I agree; he needs to stop moaning and take his physical. We make airline pilots take frequent physicals after a certain age; they are responsible for the lives of their passengers. Why should a taxi driver be any different? He needs to SHUT UP.
"If the council was saying that Asian drivers had to have a medical every year, that would rightly be considered racial discrimination."What a ridiculous comparison. This is about his age, he's 69 for heaven's sake. It is responsible of the council to insist on this to ensure the safety of his passengers.
wiseowl, york says...
2:39pm Tue 18 Mar 08
eggonlegs, York says...
3:04pm Tue 18 Mar 08
petethefeet, York says...
3:11pm Tue 18 Mar 08
wiseowl wrote:Wiseowl doesn't seem to be able to separate sentiment from law? The Age discrimination legislation, which came into force on 1st Dec 2006, does allow discrimination on the basis of age if it can be "objectively justified". The legislation also allows companies to retire people at the current state pension age, currently 65 but rising to 68 by 2046.
The point here is discrimination. Like it or not there is a law against discrimination because of age. All taxi drivers are required to inform the council of any medical condition that might effect their driving. This applies irrespective of age. The proviso put on Mr Chance is there not because of any medical condition but because of his age. It is not the job of the council to decide on who should have a driving licence that is the job of the DVlA. If the DVLA decide to grant a licence and Mr Chance along with all other taxi drivers complies with the condition of notifying the council of any medical condition then any further action by the council because of his age is pure discrimination
D Armstrong, York says...
3:13pm Tue 18 Mar 08
If the council was saying that Asian drivers had to have a medical every year, that would rightly be considered racial discrimination."What a load of tosh, why bring in racism, just pay the money and get your health checked. Maybe they could make him appear a bit less grumpy at the same time.
rodeo 1970, york says...
5:18pm Tue 18 Mar 08
Galloway Out, says...
5:29pm Tue 18 Mar 08
Angry and Frustrated wrote:Its a fact that more old people suffer poor eyesight, hearing, their reaactions get slower. Thats the problem with this country. I notice he played the race card as well. And for your information, the last time I checked, the retirement age was still 65, with a view to it going up to 68.
Galloway Out wrote: Of course its not discrimination, its common sense. Older peoples health can deteriorate a lot in the space of a year. Why doesnt he retire like any other normal pensioner?Why should he? People forget that in the "old days" retirement was at 65 with average life expectancy approx 75ish. Now people are living well into their 80s. The purpose of the age discrimination laws was to try and outlaw the antiquated views that you are expressing. The logical conclusion of your comment is that all people over the age of 65 stand the chance of suddenly dying from some noxious disease which in my world can happen to old AND young alike. What next? Stop every pensioner from driving?
scooter, york says...
6:48pm Tue 18 Mar 08
Peter, york says...
7:11pm Tue 18 Mar 08
happy trucker, east yorkshire says...
7:12pm Tue 18 Mar 08
No News Is Good News, York says...
8:23pm Tue 18 Mar 08
Mike C, york says...
9:13pm Tue 18 Mar 08
TooRad, york says...
9:25pm Tue 18 Mar 08
As it happens I recognise this driver, and I've seen him driving aggressively and being abusive.
I witnessed him weaving to cut off a cyclist, deliberately cutting into the curb causing the cyclist fall off onto the pavement.
When I challenged him as a witness he said he would sue the cyclist for the damage done to his taxi.
Perhaps he's a stubborn old man who can't see when he's wrong?
petethefeet, York says...
11:33pm Tue 18 Mar 08
chinesejohn, York says...
3:49am Wed 19 Mar 08
TooRad wrote:you need to very careful what you put/write on an Internet site, you are leaving yourself wide open, its Libel what your spouting, if this is untrue
He doesn't have a case at all. By the same token, under 18s can claim age-discrimination because they're not allowed to buy cigarettes and alcohol. It's not arbitrary, these systems are put into place for a reason.
As it happens I recognise this driver, and I've seen him driving aggressively and being abusive.
I witnessed him weaving to cut off a cyclist, deliberately cutting into the curb causing the cyclist fall off onto the pavement.
When I challenged him as a witness he said he would sue the cyclist for the damage done to his taxi.
Perhaps he's a stubborn old man who can't see when he's wrong?
for one minute i fnd i dont believe you.
why am i wasting my bandwith with you
flez, york says...
4:03am Wed 19 Mar 08
TooRad wrote:Sorry cant agree with you on this, he used to drive my wife every morning, 'drives like a slow old fart' was her comment.
He doesn't have a case at all. By the same token, under 18s can claim age-discrimination because they're not allowed to buy cigarettes and alcohol. It's not arbitrary, these systems are put into place for a reason.
As it happens I recognise this driver, and I've seen him driving aggressively and being abusive.
I witnessed him weaving to cut off a cyclist, deliberately cutting into the curb causing the cyclist fall off onto the pavement.
When I challenged him as a witness he said he would sue the cyclist for the damage done to his taxi.
Perhaps he's a stubborn old man who can't see when he's wrong?
I also know him personally and through work, and I agree with the wife lol, he's no speed freak or cycle hunter, and I'd trust him to drive any member of my family.
I do think the 1 year medical is a good idea by the council, its essential to weed out the ones who are past it, shame the fit ones have to pay too, but lifes not fair in any thing is it.
I'd give you the stubborn bit though.....
maybe the councils policy on newer vehicles should be the main target, whats the carbon footprint of making drivers get new vehicles?
Its not like new diesel are more efficient than even a 20 year old one, they all do 40-50 mpg, modern diesels are not more efficient unless you believe the marketing hype.
chinesejohn, York says...
4:19am Wed 19 Mar 08
Peter wrote:Peter
I would have thought he could claim the cost of the medical aginst his tax therefore the true cost will be less than the £150 he's quoting
he's not complaining about the cost
why not younger drivers medicaly tested, lets face it not all old people are ill or get ill, young people also get ill, myself not far off his age am fit as a fiddle, maybe because i have good family genes from a disease free family, you dont get many of those nowadays to the pound
lets go to say i could be fitter or as fitter than some of those 30+ year old taxi drivers who have sagging beer bellies and live on Mcdonalds and kebabs
because your old as in my case doesnt mean you slow down, my mind is very active and reflexes very sharp even at my age
albiet i'll admit my hearing is not as good as it should be but thats life,but you'll all go down that road at sometime, all of you on this board should remember it will come to you at sometime, some more than others, but there are aids, hearing and glasses
not every old guy is old and doddery
certainly not this guy, maybe thats why i have a wife years and years younger than me and every one think its my daughter
regards
chinesejohn, York says...
4:33am Wed 19 Mar 08
aheeem
i also smoke like a trooper, drink like its going out of fashion,wine, whisky, anything, eat bacon, salt on food, and most things that are supposed to be bad for you, but not Mcdonalds or kebabab stuff, thats real killer stuff.
am i doing something wrong??? or right??
and i aint got nothing wrong with me, i know that from my last medical
the Doctor said on my last medical your in fine fettle, keep it up, as i walked out,and lit up a fag
TooRad, york says...
7:52am Wed 19 Mar 08
you need to very careful what you put/write on an Internet site, you are leaving yourself wide open, its Libel what your spouting, if this is untrue
Its not libel, because its true. Nobody is leaving themselves wide open at all. I was careful not to mention the make and colour of his car, taxi number and reg number.
What would be the point of lying?
petethefeet, York says...
9:41am Wed 19 Mar 08
IT'S NOT FAIR': Taxi driver Tony Clayton-Chance, 69, who feels he is being discriminated against by City of York Council
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Galloway Out, says...
8:56am Tue 18 Mar 08