An application for a Certificate of Good Conduct (VOG) from a man who wanted to perform taxi work has been rejected. In the five years before his application, the man committed several offenses and committed a crime. He appealed the decision but was unsuccessful.
It is not possible to work as a taxi driver without a VOG, because no driver card is issued without a VOG. The man made his application in 180, but could therefore not count on a promise. He decided to appeal, but this was dismissed as unfounded. The man is said to have been convicted too many times and too recently for several criminal offenses.
He was convicted four times for exceeding the speed limit. Twice he received a community service order of fifteen hours, once a community service of twenty hours and a driving ban of seven weeks and for the last time a fine of 120 euros. In addition, the man was given a community service of 04 hours for assault and damage to goods and he has not yet been irrevocably sentenced to community service. of 180 hours for public violence.
Risk to society The minister based his assessment of the application on the applicable policy rules. This stipulates that if the applicant is listed in the Judicial Documentation System (JDS), an objective and a subjective criterion will be used to determine whether the issue of a VOG is justified. With regard to the objective criterion, the minister examines whether the facts included in the JDS form an obstacle to the proper performance of the activity for which the VOG has been applied for. If the objective criterion is met, it is then examined for the subjective criterion whether the circumstances mean that a VOG must nevertheless be issued.
The minister has ruled that the conditions have been met. the objective criterion. In addition, according to the minister, the assessment against the subjective criterion does not give the man a VOG despite the convictions. In light of the retrospective period, the period that has elapsed since the last contact with the judiciary is considered too short to be able to conclude that the risk to society has decreased sufficiently. The number of criminal offenses is also important here. Moreover, the man’s crimes have not all been taken lightly. According to the minister, the importance of limiting risks to society outweighs the interest that the man has in obtaining a driver’s card.
Fall into old patterns without VOG However, the man himself believes that the court has made an incorrect weighing of interests. He pointed to the fact that he was acquitted on appeal of the open violence he allegedly committed. In his view, decisive importance should have been attached to this, and to the fact that he has not committed any new offenses for years. He also indicated that he would like to become independent and earn his own money as a taxi driver. He has already passed the theory test and the driver’s diploma before that. Because of the VOG’s refusal, he fears that he will have to continue to use benefits and that he will fall into old patterns because he has no work. According to him, society does not benefit from this. However, submitting these arguments was of no avail. The VOG is not issued.
‘Importance of quality mark for the self-employed even greater due to driver shortage’ Community service demanded against taxi driver who ran a red light and kicked cyclist Cab Brendan lost everything due to wrong police check 2022