Taxi Licence Refused | Objection and Review

Taxi driver licence (KIWA)

The KIWA has powers to refuse a taxi licence, but can a council actually prevent you from being granted a taxi driver licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the KIWA must be satisfied that the applicant is a ‘fit and proper person‘.

If the council refuses to issue a licence, you can object in accordance with the General Administrative Law Act (Algemene wet bestuursrecht) to the ILENT Licensing Committee. If that objection and review is unsuccessful, the driver can still make an appeal to the Administrative Court for Trade and Industry. At this stage the burden of proof is on the council to prove that the driver is not a fit and proper person. The KIWA/ILENT may also attach certain conditions on a taxi driver licence, against which it is also possible to launch an appeal.

Taxi company licence (KIWA)

The KIWA has powers to refuse a taxi company licence, but can a council actually prevent you from being granted a taxi company licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the KIWA must be satisfied that the applicant is a ‘proper entity‘.

If the council refuses to issue a licence, you can object in accordance with the General Administrative Law Act (Algemene wet bestuursrecht) to the ILENT Licensing Committee. If that objection and review is unsuccessful, the company can still make an appeal to the Administrative Court for Trade and Industry. At this stage the burden of proof is on the council to prove that the company is not a proper person. The KIWA/ILENT may also attach certain conditions on a taxi licence, against which it is also possible to launch an appeal.

Local Taxi Driver Licence (TTO)

A local council (e.g. DBI) has powers to refuse a taxi licence, but can a council actually prevent you from being granted a taxi licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the local council must be satisfied that the applicant is a ‘fit and proper person‘.

If the council refuses to issue a licence, you can object in accordance with the General Administrative Law Act (Algemene wet bestuursrecht) to the Local Licensing Committee. If that objection and review is unsuccessful, the driver can still make an appeal to the Administrative Court for Trade and Industry. At this stage the burden of proof is on the council to prove that the driver is not a fit and proper person. The local council (e.g. DBI) may also attach certain conditions on a taxi licence, against which it is also possible to launch an appeal.

Taxi Licence Revoked | Objection and Review

Taxi driver licence (KIWA)

The KIWA has powers to revoke a taxi driver licence, but can a council actually prevent you from being granted a taxi driver licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the KIWA must be satisfied that the applicant is a ‘fit and proper person‘.

If the council revokes a licence, you can object in accordance with the General Administrative Law Act (Algemene wet bestuursrecht) to the ILENT Licensing Committee. If that objection and review is unsuccessful, the driver can still make an appeal to the Administrative Court for Trade and Industry. At this stage the burden of proof is on the council to prove that the driver is not a fit and proper person. The KIWA/ILENT may also attach certain conditions on a taxi driver licence, against which it is also possible to launch an appeal.

Taxi company licence (KIWA)

The KIWA has powers to revoke a taxi company licence, but can a council actually prevent you from being granted a taxi driver licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a company, the KIWA must be satisfied that the applicant is a ‘proper entity‘.

If the council revokes a licence, you can object in accordance with the General Administrative Law Act (Algemene wet bestuursrecht) to the ILENT Licensing Committee. If that objection and review is unsuccessful, the company can still make an appeal to the Administrative Court for Trade and Industry. At this stage the burden of proof is on the council to prove that the company is not a proper entity. The KIWA/ILENT may also attach certain conditions on a taxi company licence, against which it is also possible to launch an appeal.

Local Taxi Driver Licence (TTO)

A local council (e.g. DBI) has powers to revoke a taxi licence, but can a council actually prevent you from being granted a taxi licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the local council must be satisfied that the applicant is a ‘fit and proper person‘.

If the council revokes a licence, you can object in accordance with the General Administrative Law Act (Algemene wet bestuursrecht) to the Local Licensing Committee. If that objection and review is unsuccessful, the driver can still make an appeal to the Administrative Court for Trade and Industry. At this stage the burden of proof is on the council to prove that the driver is not a fit and proper person. The local council (e.g. DBI) may also attach certain conditions on a taxi licence, against which it is also possible to launch an appeal.

Representing Taxi Drivers | accused of malpractice

Taxi Drivers accused of malpractice

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.

A comprehensive taxi licence objections and appeals service

BAS VAN LEEUWEN (LL.M., Esq.), attorney at law, 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?
• BAS VAN LEEUWEN (LL.M., Esq.), attorney at law, can represent you at disciplinary hearings.
• BAS VAN LEEUWEN (LL.M., Esq.), attorney at law, can help draft the Appeal Notice.
• BAS VAN LEEUWEN (LL.M., Esq.), attorney at law, 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.

BAS VAN LEEUWEN (LL.M., Esq.), attorney at law, 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.

Common reasons for taxi licence objections and appeals

• 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
• Dishonesty.
• 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.

Taxi driver licence appeals service revocation and refuse

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.

Decision deadline exceeded

If the public body fails to take a decision by the legal deadline, you can send them a so-called notice of default. This will give them a grace period of two (2) weeks to reach the decision. If they still fail to do so, you can appeal to the administrative court immediately. You are not obliged to hire an Attorney for the objection or appeals procedure.

Objections

You must submit a notice of objection to the public body agency that took the decision in question by no later than six (6) weeks after you received the decision or after the decision was published. The public body must take a decision within six (6) weeks after the day on which the submission period for the letter of objection has elapsed. If an advisory committee is being formed, the decision period is twelve (12) weeks. Both periods may be extended by six (6) weeks.

Penalty when deciding late

If the public body fails to take a decision by the prescribed deadline, you are entitled to a penalty payment. You can use the (Dutch-language) Penalty payment for late decisions form to obtain this payment. The Tax and Customs Administration has an own Penalty form in the event of an overdue decision (in Dutch).

How MR. VAN LEEUWEN (LL.M., ESQ) can help:

Taxi Driver Licence Revoked | Objection and Review

The KIWA has powers to revoke a taxi driver licence, but can a council actually prevent you from being granted a taxi driver licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the KIWA must be satisfied that the applicant is a ‘fit and proper person‘.

Taxi Company Licence Revoked | Objection

The KIWA has powers to revoke a taxi company licence, but can a council actually prevent you from being granted a taxi driver licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a company, the KIWA must be satisfied that the applicant is a ‘proper entity‘

TTO Licence Revoked | Objection and Review

A local council (e.g. DBI) has powers to revoke a taxi licence, but can a council actually prevent you from being granted a taxi licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the local council must be satisfied that the applicant is a ‘fit and proper person‘.

Taxi Driver Licence Refused | Objection and Review

The KIWA has powers to refuse a taxi licence, but can a council actually prevent you from being granted a taxi driver licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the KIWA must be satisfied that the applicant is a ‘fit and proper person‘.

Taxi Company Licence Refused | Objection

The KIWA has powers to refuse a taxi company licence, but can a council actually prevent you from being granted a taxi company licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the KIWA must be satisfied that the applicant is a ‘proper entity‘.

TTO Licence Refused | Objection and Review

A local council (e.g. DBI) has powers to refuse a taxi licence, but can a council actually prevent you from being granted a taxi licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the local council must be satisfied that the applicant is a ‘fit and proper person‘.

Administrative procedural law (objections and appeal)

If you disagree with a decision of a public body, you can often lodge an objection, for example if your licence application has been rejected or if someone else obtains a licence which is harmful to your interests. If you disagree with the decision in response to your objection, you can appeal to the courts in most cases. In most cases, you can also lodge an appeal against the court’s decision with the Administrative Jurisdiction Division of the Council of State, the Central Appeals Tribunal or the Trade and Industry Appeals Tribunal

The notice of objection and corresponding procedure

Notices of objection can be submitted by the interested parties, i.e. persons or organisations with a direct interest in a decision made by the Administrative body. If an interested party disagrees with a decision of the Administrative body, or if the Administrative body fails to make a decision within the applicable deadline, an interested party can submit a notice of objection to the decision or the failure to make a decision. A notice of objection must be submitted (in Dutch) in writing to the Administrative body within six (6) weeks after the date on which the decision is announced.

Appeal and the appeal procedure

An interested party can appeal against a decision on a notice of objection by filing an appeal with the Administrative Court within six (6) weeks after the date on which the decision on the objection is announced. The Administrative Court will then take the notification of appeal into consideration. If this notification of appeal does not comply with specific formalities, it could be declared inadmissible. In most cases, however, the notification of appeal will continue to be processed.

Appeal against a decision of an Administrative Court’s decision

In most cases, you can also lodge an appeal against the court’s decision with:

  • The Central Appeals Tribunal
  • The Trade and Industry Appeals Tribunal
  • The Administrative Jurisdiction Division of the Council of State

Enforcement:

Enforcement is focussed on promoting compliance with legal rules or to prevent (further) breaches of these rules. If someone does not fulfil the administrative law regulations then the public body can use various enforcement tools. An interested party can also submit an application for enforcement to the public body. The public body can decide following this application to proceed with enforcement. There are several enforcement tools for this which a public body, such as the Board of Mayor and Aldermen, can use; an order for administrative coercion, order subject to a penalty and administrative penalty.

Administrative Coercion

Before one proceeds with the actual implementation of administrative coercion, the offender, subject to the exception of very urgent cases, must be informed of the decision about the breach and of the period in which the offender must personally remedy the breach.

Administrative Penalty

An order for administrative coercion is not always the obvious choice, as is the case in regularly reoccurring or continuing breaches. In these cases it is often more effective to give the offender a period of time in which to cease the breach or to prevent the repeat of the breach. If the offender does not do so he or she will have to pay a penalty.

Administrative Fine

Contrary to the remedial sanctions of an order for administrative coercion and an order subject to a penalty, the administrative penalty is a punishing sanction.