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Taxi driver in health test row
IT'S NOT FAIR': Taxi driver Tony Clayton-Chance, 69, who feels he is being discriminated against by City of York Council
IT'S NOT FAIR': Taxi driver Tony Clayton-Chance, 69, who feels he is being discriminated against by City of York Council

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?

8:54am Tuesday 18th March 2008

Print   Email this   Comment
Posted by: Galloway Out on 8:56am Tue 18 Mar 08
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?
Posted by: Angry and Frustrated, York on 9:11am Tue 18 Mar 08
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?
Posted by: No News Is Good News, York on 9:13am Tue 18 Mar 08
PC gone mad again, all it takes is for one older driver to cause a pile up, and the council will say, I told you so.
Posted by: MissConstrood, york on 9:16am Tue 18 Mar 08
...sorry but if hes adament he doesnt need one, then he cant fail so whats the problem? Im sure if I was driving other people around and therefore responsible for their lives, I would want to know for my own peace of mind that I was fit to do so!
Posted by: petethefeet, York on 9:37am Tue 18 Mar 08
The operative words here are "unless they can objectively justify not doing so". That would be dead easy to justify. The only real consideration that the licensing authority has to make is the age-breaks when they need more frequent examinations. They will have sought empirical advice from the medical profession and this has been agreed by the association of Taxi-Drivers. He's just got to get accept getting old!
Posted by: BL on 10:03am Tue 18 Mar 08
I was driven home by an older taxi driver the other week (no idea of his age, but I would guess at 60+) and even in my drunken state his driving (speed and randomly moving around on the road) frightened me! You have to re-apply for your license after a certain age and there is a thought that you should have regular driving checks. Some drivers are fine, but I know a few who shouldn't be on the road but still insist they are OK! £150 is not a cheap check though, so maybe they can come to some compromise? I do think the checks are valid though!
Posted by: avidreader, York on 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.
Posted by: my opinion, york on 11:01am Tue 18 Mar 08
I agree with avidreader I can't beleive the press have even printed that crap.




Posted by: Lt.Dobie, Bay City PD on 11:21am Tue 18 Mar 08
Pilots do it...is a cabbie any less responsible for lives of passenegers and pedestrians?

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...???
Posted by: Gardener, York on 11:48am Tue 18 Mar 08
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!
Posted by: petethefeet, York on 12:05pm Tue 18 Mar 08
Gardener wrote:
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!
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!
Posted by: ears1096, york on 12:05pm Tue 18 Mar 08
I'll think you'll find in this case that the council don't charge for the medicals. Its down to the poor doctors who set the fees.
Surely its in our own interest that all taxi drivers are fit to do the job.
Posted by: bobby dazzler, york on 12:18pm Tue 18 Mar 08
Look there is medical exams in most industrys now. I can not see why he is complaining at all when it is for his benifit. Sitting in a car all day reduces the circulation of blood hence can cause problems. The money element doesn't come into it because he doesn't pay it. Taxi drivers are bad enough when there driving in their prime, mix that with old age and you have problems. He is obviously only brining this to our attention because he is scared of the medical and that he might not be seen as fit for driving anymore.
Posted by: Peenjay, Fromere on 12:55pm Tue 18 Mar 08
What a barmy story...
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.
Posted by: Peter, york on 12:59pm Tue 18 Mar 08
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.
Posted by: Peenjay, Fromere on 1:05pm Tue 18 Mar 08
Peter wrote:
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.
Hear, Hear......!
Posted by: eggonlegs, York on 2:02pm Tue 18 Mar 08
the taxi medical consists of the following
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

Posted by: petethefeet, York on 2:06pm Tue 18 Mar 08
I had a medical for scuba diving about 9 years ago and I paid something in the region of £30 -£35. Seemed about the same as eggonlegs details above. The test was done by my GP and I was very happy with the process. Perhaps the blog should be about (some) "fleecing GP's"
Posted by: exYorkist, USA on 2:07pm Tue 18 Mar 08
avidreader wrote:
"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.
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.
Posted by: wiseowl, york on 2:39pm Tue 18 Mar 08
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
Posted by: eggonlegs, York on 3:04pm Tue 18 Mar 08
the Council do have a bit more to say in driving licences, and it seems over and above the DVLA, they say whether you can drive a taxi or not and can stop you working, i refer to the type 2 insulin, the one you have to inject re diabetes, the DVLA on its website says its ok to drive, but the Council can stop a taxi driver who has this complaint/illness, their reason, the person is a drug user, not fit to drive
Posted by: petethefeet, York on 3:11pm Tue 18 Mar 08
wiseowl wrote:
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
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.
Posted by: D Armstrong, York on 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.
Posted by: rodeo 1970, york on 5:18pm Tue 18 Mar 08
I myself am a taxi driver and have been for 21 years, I personally cant see a problem with the medical, however I can see a problem with the £150 fee for it, despite what people think taxi drivers DO NOT make a fortune, we do make a lot on paper but once you take off all your overheads you are barely left with a decent wage, fuel, radio rent, road tax, insurance, vehicle servicing, licencing fees, national insurance, income tax, etc etc, I could go on and on but I wont. I dont think his argument should be with the council, it should be with the national health service as like myself this guy will have been paying his stamps all his working life and now still has to pay a fortune to carry on working. With regards to the comment earlier about this guy retiring, if he's like me he wont be able to afford to retire, the cost of living goes up but not the incomings unfortunately as most self employed people will confirm. I'm sure there will be people who dont agree but in my opinion these will be people who wouldnt struggle to pay £150 for a medical the phrase 'money goes to money' comes to mind.
Posted by: Galloway Out on 5:29pm Tue 18 Mar 08
Angry and Frustrated wrote:
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?
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.
Posted by: scooter, york on 6:48pm Tue 18 Mar 08
its about time they drive like idiots any way they think the road is just for them
Posted by: Peter, york on 7:11pm Tue 18 Mar 08
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
Posted by: happy trucker, east yorkshire on 7:12pm Tue 18 Mar 08
why is he complaining when hgv/psv drivers have a medical every 5 years upto 65 then one every year
Posted by: No News Is Good News, York on 8:23pm Tue 18 Mar 08
It amazes me the number of people who comment on here about Bus and Taxi Drivers thinking they own the road, then theres the anti Cycling lobby, who claim bike riders pay no attention to the laws of the road, if that was the case we would have story after story about Taxi and Bus collide, or Cyclist kills Taxi driver in hit and run, but how many people have seen two out of three of these vehicles hitting each other in York?.
Posted by: Mike C, york on 9:13pm Tue 18 Mar 08
I'm 61, and wouldn't object to an annual exam if I were driving professionally; yes it's discrimination, but it's justified and hence lawful. "Discrimination" is one of those words that people misuse as automatically pejorative, like "judgemental" and "critical", whereas I think there should if anything be more judgement and criticism and less "it's up to the individual" and "who are you to criticise me". So, let's be discriminatory where there's good reason.
Posted by: TooRad, york on 9:25pm Tue 18 Mar 08
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?
Posted by: petethefeet, York on 11:33pm Tue 18 Mar 08
'stubborn' and 'old', the words often seem to mean the same thing. In recent years, my old Dad, now in his eighties has had a couple of heart attacks. After these episodes, he's informed by the hospital of the mandatory 30-day 'no driving' ban. Despite our threats to 'clamp' his vehicle, we know he flouted these rules. He claims the rules are "all wrong!". If this were a young person he would be castigated to kingdom-come. But, when they are old, we're supposed to understand such idiosyncracies?
Posted by: chinesejohn, York on 3:49am Wed 19 Mar 08
TooRad wrote:
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?
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

for one minute i fnd i dont believe you.
why am i wasting my bandwith with you
Posted by: flez, york on 4:03am Wed 19 Mar 08
TooRad wrote:
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?
Sorry cant agree with you on this, he used to drive my wife every morning, 'drives like a slow old fart' was her comment.

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.
Posted by: chinesejohn, York on 4:19am Wed 19 Mar 08
Peter wrote:
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
Peter
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
Posted by: chinesejohn, York on 4:33am Wed 19 Mar 08
just to add to the last posting,
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
Posted by: TooRad, york on 7:52am Wed 19 Mar 08
chinesejohn said
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?
Posted by: petethefeet, York on 9:41am Wed 19 Mar 08
If I had to drive people across York every day then I'm pretty sure there would be occassions when I would 'lose it'. Let's not condemn him on an alleged single-incident. As stated, the Age discrimination legislation does allow discimination if it can be objectively justified. All medical studies will show increased risk as one gets older. Somebody has to draw the line somewhere and that is for the licensing authority to do. The council's licensing officers will share information and intelligence around the country and will therefore have a preety solid story to tell if it ever came to court, which it won't, because his solicitor will gently advise him about who pays costs when he loses.
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