ALL THINGS LICENSING
who may be concerned (or worse) they are being over-charged; allowing drivers to show they are charging fairly. In addition, private hire drivers are told to carry a statement outlining that it is against the law for them to take passengers other than those who have pre-booked, again helping to calm situations if customers try and get in the vehicle without booking.
5. If drivers work for an operator or control centre, there is further advice about making contact with the controller so they and your passenger know your situation. It ‘s a good idea to have a code word to use with the controller if you feel threatened. Controllers should have contact details for passengers and the BPG recommends operators keep a list of ‘problem’ addresses or passengers to minimise known risk.
So why aren’t fire extinguishers and first aid kits on the list?
The widespread view amongst licensing authorities about fire extinguishers and first aid kits was that these were primarily for use by others. For example if a licensed vehicle came across an accident, there would be equipment available for a professional to use. I’m aware of incidents in Guildford town centre where police officers have stopped a taxi asking to use its first aid kit. Specifically, previous DfT model byelaws required first aid kits and fire extinguishers.
Licence conditions aside, the legal requirement for a first aid kit will depend on whether a driver is employed or self-employed. If they are employed, there is a duty on the employer under the Health and Safety (First Aid) Regulations 1981 to conduct a needs assessment to ensure there is adequate provision, with particular consideration to be taken of lone workers or travelling workers.
Surprisingly, the BPG is silent on the issue of first aid kits in licensed vehicles. However the principle remains in line with any legislative requirement, that only those trained in first aid should administer it.
For fire extinguishers, under the Regulatory Reform (Fire Safety) Order 2005 every employer or business
PHTM FEBRUARY 2024
occupier is required to conduct a fire risk assessment and determine what is “suitable and sufficient” for their needs. Vehicles are included in this definition, and where an employer has five or more employees, this needs to be written down. Consequently many councils used to require fire extinguishers as they helped promote the idea of safety.
The BPG now sets out the position in the Highway Code that should a vehicle catch fire, the occupants should get out of the vehicle quickly, go to a safe place and not attempt to extinguish a fire. A fire in the engine compartment will flare if the bonnet is opened, and a handheld fire extinguisher will be useless against a fire in an electric vehicle.
Additionally, the National Fire Chief Council recommends that if a licensing authority requires a fire extinguisher to be provided in vehicles, drivers should be required to undertake suitable and sufficient training. The advice continues that if a council does not require drivers to undertake training on the safe way to tackle a vehicle fire, vehicles should not be required to carry fire extinguishers and drivers advised to get out and stay out of the vehicle and call 999.
To Conclude:
Overall, the updated BPG is intended to ensure local authorities implement measures in their policies which will equip drivers with skills to use as a precautionary principle in how to maintain personal security, manage cash and handle hate crimes. The BPG also suggests items which licensed vehicles can carry to help stay safe, although surprisingly this is a departure from the traditional requirement to carry a fire extinguisher or first aid kit.
However, there is nothing stopping drivers carrying additional items if they wish and as a motorist myself I generally carry a fire extinguisher and first aid kit for the reassurance that they are there if I need them and I am sure that many other drivers will feel the same.
So, as we begin to digest the updated BPG, there is no more important time to be ‘in the know’ about licensing issues affecting the trade and I would again encourage members of the trade to join the Institute of Licensing where the guidance is likely to be the subject of many events and publications this year.
Full details are available at:
www.instituteoflicensing.org
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