ALL THINGS LICENSING VOCATIONAL QUALIFICATIONS
The merits of requiring vocational qualifications were discussed in the draft BPG which suggested that licensing authorities should not require these, as they cannot reflect evolving training requirements, such as new accessibility duties and safeguarding awareness.
Whilst a slight majority of respondents disagreed with this approach and supported vocational qualifications, the final version of the BPG maintains that: vocational qualifications should not be required as these are considered burdensome. Driver requirements should be limited to the skills that all drivers might reasonably be expected to obtain and evidence, with the Govern- ment’s recommended training being: safeguarding and disability awareness.
TOPOGRAPHICAL ASSESSMENTS FOR PRIVATE HIRE VEHICLE DRIVERS
Turning to the issue of geographical knowledge testing for private hire drivers, the draft suggested licensing authorities may set private hire vehicle drivers a topographical test but are not required to do so.
Whilst most respondents supported some form of topographical knowledge test, others also favoured testing an applicant’s ability to plan a route or safely use satnav. However, despite this, the final version of the Guidance now suggests that: licensing authorities should not require private hire drivers to pass a topographical assessment.
VEHICLE CHECKS BY DRIVERS
The draft introduced a recommendation that drivers should complete a daily walkaround roadworthiness check of their vehicles prior to transporting members of the public. This recommendation comes from the existing legal responsibility that all drivers have to make sure their vehicle is safe, and it attracted a range of views.
The final version maintains the position that: vehicle checks should be undertaken daily by drivers as part of their duty of care, with the completion, retention and presentation of checks evidencing good due diligence; with further guidance
that licensing
authorities should: consider whether those drivers that fail to do these checks remain ‘fit and proper’.
48 WINDOW TINTS
The draft Guidance suggested that licensing authorities should not require the removal of ‘window tints’ as part of vehicle specifications, unless they could evidence that it was necessary and proportionate to do so.
Many responses agreed with this approach, indicating that factory fitted rear glazing already complies with legal specification and to require its removal is costly and disproportionate. Some responses disagreed, indicating tinted windows posed a safeguarding risk and may affect the ability of partially sighted passengers to see out of a vehicle.
The final version recommends: a minimum light transmission of 30% or more in the rear windows, as this level is considered to be in the interest of passenger confidence which ultimately benefits the trade. However, it continues that licensing authorities: may allow exemptions for executive hire vehicles if this is deemed appropriate.
VEHICLE TESTING
The draft version asked whether licensed vehicles with internal combustion engines should be the subject of testing more frequently than an annual MOT due to their increased mileage and predominate use in urban areas contributing to poor air quality.
Having considered responses, the DfT recognises that it may be overly burdensome to require vehicles to be submitted for checks specifically on emissions and has therefore: removed the recommendation on emissions testing from the final version.
However there remains considerable variation between councils on testing. Some authorities have a testing regime that reflects the increased likelihood of vehicle failures as they become older, others do not and the final version does not offer a consistent position.
VEHICLE AGE LIMITS The draft Guidance
suggested that licensing
authorities should not impose age limits for the licensing of vehicles, but instead should consider more targeted requirements to meet the policy objective on emissions, safety rating and increasing wheelchair accessible provision where required.
JANUARY 2024 PHTM
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