OK – so from the information that I have been getting, numerous minor offences have now been removed from DBS checks. So if you had a CRB check three years ago and are now coming up for a DBS check, and you had 27 minor offences many years ago, your DBS sheet may now well be clear. Furthermore, from information received from mem- bers, if you had been investigated for a serious offence – for instance, a sexual offence against a minor – and not convicted, which would have shown up on your DBS check for the rest of your life, the DBS now writes to that person asking to give them reason why this should not appear on your record check. For example, one particular member was able to show that no prose- cution had ever taken place; that he had the support of his local authority; and in effect he was innocent (remember: Human Rights Act, innocent until proven guilty). Because of this response, when the per- son got his DBS check, there was no mention of this arrest or investigation – a situation which the local authority understood and accepted. So if you like, the Human Rights Act now applies to you – yes, you, a taxi driver – and things should be relatively easy from now on. Howev- er, are local authorities still following suit? I have a couple of sheets in front of me - the first one reads: “When submitting an application for a licence to drive a hackney carriage or private hire vehicle, you must declare any offence for which you are currently being investigated or prosecuted, any conviction, caution or warning you have been given, including fixed penalty notices, penalty notices, anti-social behaviour orders and injunctions. As the Rehabili- tation of Offenders Act 1974 does not apply to hackney carriage and private hire drivers, convictions are never spent.” Then we have a “Statement of Policy and Guideline” from a well-known city council:- “When submitting an application for a licence to drive a hackney carriage or private hire vehicle, applicants are required to declare all previous convictions they may have. Individuals are also required to declare all formal/simple cautions, any matters of restora- tive justice and all endorsable fixed penalties they have received and to provide details of all criminal matters of which they are currently the subject of criminal investigation or prosecution.” Now here’s a corker:- “The Rehabilitation of Offenders (Exception) Order 2002 requires an applicant for a taxi or private hire driver licence
to disclose ALL convictions, spent or otherwise, for the purpose of establishing is an applicant (sic) is a “fit and proper” person to hold a licence. Failure to disclose previous convictions, spent or otherwise, may make the applicant liable to be prosecuted for attempting to obtain a driving licence by deception.” Similar paragraphs may well be found on the vast majority of local authorities’ driver renewal application forms. I do have to agree that the Rehabilitation of Offenders Act does not apply; however, the Human Rights Act does. To all licensing officers and trade colleagues who are reading this, please consider how long you have held a licence, and the fact that the last time it was renewed you were declared fit and proper to hold such a licence. Obviously this whole premise does not apply to new driver applicants, as they do not have a track record by way of previous applications and CRB/DBS checks. So if you committed an offence - like Mr T - of nicking a bicycle when you were 11 years old, 35 years ago, why do you still need to declare this? It is just the same as saying, Yes, I am a criminal. As far as I am concerned, continued demands for full disclosure for drivers who have had previous licences is against both the Human Rights Act and the decision in Mr T. What are the alternatives? Not tricky really... quite easy really. If the wording on the application form was to say: “You must supply details of any convictions since your last renewal”, that would be adequate and comply with the Human Rights Act. Now don’t get me wrong: councils must ensure that they get the word- ing right so as not to confuse drivers. For instance, a quote from the application form for annual renewal from south Wales states: “You must supply details of any previous convictions since your last renew- al.” Mmmm... Does that mean I have to declare everything up to the date of my last renewal, and nothing that might have happened since? A bit confusing, isn’t it? Please, please, please can we have some changes, can we have some clarity, and we make sure that drivers’ rights are protected. Thanks for this short but specific rant... watch this space. You never know what’s going to come up by next month.
But until then, sayonara.
Fleet cover from Swinton Taxi Division
We go the extra mile to get you cheaper insurance
Mick, Lyndy and Paul head up our dedicated fleet team, and they can get you a great price on your fleet cover… but they don’t stop there. They’ve got over 50 years experience of working with taxi fleets between them and they know what they’re talking about. Don’t arrange your fleet cover until you’ve spoken to them.
The Swinton Fleet Team can arrange: • Public liability cover
• A great quote by searching a panel of insurers
• Flexible payments • Tailored cover
Yasser Mansha, Albatross Cars, Derby “ Being with Swinton
Taxi Division has allowed us to cut our costs and invest this money back into our business. We’ve saved thousands!
For fleet queries only call today on or go online to
www.swintontaxi.co.uk For single vehicle queries call 0800 409 6498
AUGUST 2013 PHTM 0800 531 6125
Swinton Taxi Division is a division of Swinton Group Limited, registered in England number 756681, which is connected for the purposes of the Insurance Companies Regulations 1994 to MMA Insurance plc and Gateway Insurance Company Limited. Registered office: Swinton House, 6 Great Marlborough Street, Manchester M1 5SW. Calls may be recorded. Authorised and regulated by the Financial Services Authority.
PAGE 9
“
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80 |
Page 81 |
Page 82
