PRACTICE AREA | SERVICE DETAILS
- Date 26 Apr 2020
- Attorney at Law B.A.S. van Leeuwen (LL.M., Esq.)
- Skills Corporate Fraud and Criminal Law, Corporate Investigations, Compliance and Sanctions
- Location Utrecht-City, Amsterdam
- Category Areas of Legal Practice, Labor law and social security, Taxi Industry
ABOUT THIS PRACTICE AREA | SERVICE
Taxi licence appeals are a specialised area of the law. With taxi drivers in the Netherlands and particularly in Amsterdam perhaps some of the most regulated anywhere in the world it is not unusual for issues to come up with regard to licensing.
Taxi licence appeals can be complex and in order to have the highest chance of success you need to be discussing your case with a dedicated taxi defence lawyer. The taxi licensing authorities have wide reaching authority to revoke and suspend licences. On occasion these powers can be misapplied and these issues can be successfully appealed at the District Court or the Administrative Court for Trade and Industry. Getting the correct advice and intervening at the earliest possible stage can be critical. On occasion, through careful negotiation and mediation a licensing authority may be persuaded to reinstate a taxi licence without going to the District Court or the Administrative Court for Trade and Industry. This of course would depend on the facts of the individual case.
We can help appeal your case in the following circumstances.
• Have you had a refusal to issue or grant a taxi licence (including hackney carriages, private hire vehicles and Operator’s licences)?
• Has your existing taxi licence been revoked or suspended?
• Have restrictions and prohibitions been placed on a licence?
• Have conditions been attached to a taxi licence?
• Has a licence been refused to you or are you facing revocation of a taxi licence on the grounds of ill health and disability?
• We can represent you at disciplinary hearings.
• We can help draft the Appeal Notice.
• We can apply to suspend the taxi licence revocation before the appeal is heard.
Local authorities vary in their approach to taxi licensing. Often you will have a right to appeal directly to the Licensing committee (KIWA/ILENT/DBI). There is a right of appeal to the District Court or Administrative Court for Trade and Industry if the licensing committee (KIWA/ILENT/DBI) uphold the refusal and thereafter in certain circumstances to the Administrative Jurisdiction Division of the Council of State. When and where to make an appeal is a strategic decision and that timing can be critical.
We can advise you on your position regarding the legalities or the case, discuss evidence with you and technical defences. Defend your income – let us defend your taxi licence.
• Failure to disclose a criminal or serious motoring conviction,
• Licensing Authority (KIWA/ILENT/DBI) will arguing you don’t meet the “fit and proper person” criteria to hold a licence due to demonstrating other “bad conduct”.
• Customer complaints
• Getting arrested or convicted of a criminal offence in the District Court or the Court which has led to the suspending of the licence.
• Vehicle maintenance and safety issued
• You may also find yourself facing a serious criminal charge before the Criminal Court. In such circumstances, our taxi legal service focuses on defence of both a criminal charge and the taxi licence revocation.