A Kilwinning cabbie who accumulated nine penalty points on his licence after speeding twice on the same night and falling asleep at the wheel has had his taxi licence renewal application refused by North Ayrshire Licensing Committee.
A letter, signed by by Ayrshire Division Chief Superintendent Raymond Higgins, revealed that DVLA documentation, prepared in relation to the application, showed that John Swindle (45) had accumulated nine points in different offences.
His taxi vehicle was detected on June 4, 2023 at 2.25am by the average speed cameras on the A77 heading southbound at Monkton to Sandyford near to the A719 travelling at 86 mph in a 70mph zone.
Then just 13 minutes later he was detected by average speed cameras on the A77 heading north to the A719 at Sandyford travelling at 81 mph in a 70mph zone.
On May 2, 2023, at 4am, Mr Swindle was given an endorsable fixed penalty issued for careless driving and inconsiderate driving on the A71 Corsehill Mount Roundabout in Dreghorn.
Committee chair Eleanor Collier said: “It’s very obvious why you are here as you are a taxi driver with nine points on your licence and that gives the committee concern. Speeding is one thing but having careless driving as well within a short space of time is actually quite damning.”
Mr Swindle said: “I had a really unlucky year last year with regards to gaining points on my licence. The night I got the speeding points I just let my speed climb and hadn’t noticed I was actually speeding and I got two speeding tickets through the door on the same night, I thought ‘for God’s sake’.
“In terms of the careless driving, I had fallen asleep and crashed the car and am lucky to still be here, I didn’t intend getting any penalty points for it.”
Committee member Christina Larsen said: “I find it concerning that to think 86mph is not much over the speed limit when it is 70 mph and also that you didn’t think you would get any points for falling asleep behind the wheel.
“We have to take into consideration as a committee that you are driving a weapon and it’s just a case of what harm you can do to yourself, it is the harm you can do to other people on the roads. It could impact so many people’s lives because of your careless driving and because of your speeding.
“The one in which you fell asleep at the wheel, you said you were lucky to be alive but you were also lucky that no one else was hurt in that incident. We have to consider if you are a risk to the public taking any fares.”
Mr Swindle said: “I have seen a few things driving taxis and have been a lot more careful with my last three points on the licence because if I do anything else I will lose my licence. I am feart I will lose my right to drive a taxi.
“I don’t know what I will do if I am not driving a taxi, it’s what I have been doing for the past 15 years.
Cllr Donald L Reid said: “I am very concerned about this.
“As a taxi driver we expect very high standards and to be honest for a taxi driver to be driving at 86 mph and 81 mph shows a disregard for public safety, your own safety, but above all for the safety of potential passengers in your car.”
But the taxi driver said: “I don’t think that 81 mph and 86 mph is that much in a 70 limit. I didn’t mean to speed, it is easy to accidentally drift up without noticing.
“I have been very careful with my last three points on my licence as if I do anything else I am going to lose my licence.”
A motion by cllr Larsen and seconded by cllr John Bell to refuse the renewal of the application was passed by five votes to two after defeating a motion by cllr Ronnie Stalker to grant the licence.
Cllr Collier told Mr Swindle: “We are not going to renew your licence. We don’t believe you are a fit and proper person to drive with nine points and apart from that you didn’t really appreciate why speed limits are there.
“You can re-apply and will get a letter telling you about that in due course.”
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