TAXI LAW EXPLAINED DRAFT STATUTORY GUIDANCE
As the focus of this article is looking at the regulatory landscape, it would be remiss if I did not consider the draft statutory guid- ance.
It seems a lifetime ago when the Depart- ment for Transport (DfT) consulted on draft statutory guidance for the licensed taxi and private hire trade. The DfT has not yet published the final version of the pro- posed statutory guidance but has at every opportunity indicated that it is still fully committed to doing so. Most recently, the Parliamentary Under-Secretary at Depart- ment for Transport, Rachel Maclean, said:
“The Government will continue to engage with the sector on our plans for reforming the regulation of taxis and private hire vehicles, including options to introduce new legislation. The Department is sup- porting licensing authorities to make use of their extensive existing powers through statutory taxi and private hire vehicle stan- dards, which will be issued shortly. The Department will consult on updated best practice guidance on other matters later this year.”
Whilst it has actually taken a long time – not “shortly” - to get to a point where this statutory guidance will be issued, it is com- ing and will impact on the licensed taxi and private hire trade. I want to therefore dedi- cate some time to relook at the draft statutory guidance to act as a reminder of what is to come and how this will shape the future of the sector.
• Licensing policies The draft statutory guidance will compel licensing authorities to have “cohesive policy documents”. In areas where there are existing and comprehensive licensing policies, the DfT has made it clear that it expects these to be reviewed in light of the statutory guidance and for licensing authorities to implement changes. There- fore either way, the licensed trade should expect policy changes in light of the forthcoming statutory guidance. As a minimum, the department has stated that policies should include comprehensive sections on convictions, a ‘fit and proper’ person test, licence conditions and vehi- cle standards.
• Fit and proper test The department has formalised an approach by defining fit and proper in the statutory guidance:
JUNE 2020
requirements/content and so mandatory training courses will be developed locally.
Without any prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night?
• Disclosure and Barring Service Barred list The biggest changes the licensed trade can expect are to criminal records and other background checks.
At present, all taxi and private hire drivers and applicants for a drivers licence are subject to an enhanced Disclosure and Barring service (DBS) check. However, not every taxi and private hire driver and applicant for a drivers licence is checked against the barred list. The statutory guidance will make this a mandatory requirement for individuals applying for or renewing taxi and private hire driver licences.
• Criminal record checks for PHV operators and staff Private hire operators should also expect more rigorous checks. The draft statutory guidance has recommended basic dis- closure checks for licensed operators as a minimum standard (including overseas convictions checks). Additionally, the statutory guidance has suggested that licensing authorities should request that, as a condition of granting an operator licence, a register of all staff that will take bookings or dispatch vehicles is kept and the operator should be required to provide evidence that they have had sight of a Basic DBS check on all individuals listed.
• Mandatory training The trade should expect the imposition of mandatory safeguarding and equality awareness training. The Government has been consistently indicating the impor- tance of safeguarding and equality awareness training for the licensed trade. There is no indication from the Govern- ment that it will set the training
• Mandatory CCTV The draft statutory guidance has upheld the merits of licensing authorities impos- ing mandatory CCTV requirements by way of licence conditions. The jury is still out on this proposal since the Camera Surveillance Commissioner recently argued that a more proportionate approach should be adopted rather than blanket policies. Having said that, there is no doubt that more licensing authorities will seek to impose CCTV requirements on licence holders.
• Cross border enforcement Licensees should expect to see more col- laborative approaches to enforcement powers. At the moment licensing authori- ties cannot formally enforce against drivers who are not licensed by them. I expect more formal agreements to be adopted that will sub-delegate enforce- ment to other councils, for example in places where cross-border hiring is a par- ticular problem.
CONCLUDING REMARKS
Taxi Defence Barristers has been working with the trade for many years which has given us a unique perspective and under- standing of the wider issued facing the licensed taxi and private hire trade.
We are living in unprecedented times and the impact of the pandemic will bring per- manent change to our behaviour. There is no doubt that it has been a hugely chal- lenging time for the trade and this will continue to be the case for some time to come.
The regulatory landscape will change for many drivers with the potential publication of the statutory guidance and there will certainly be many local policy changes as licensing authorities grapple with the impli- cations of this pandemic.
However, there is opportunity here for the licensed trade to capitalise and innovate as the country is emerging from the effects of the pandemic.
As always, Taxi Defence Barristers is here to support the trade.
Please contact us if you have any further queries or for a free, no obligation assess- ment of your case or legal issue.
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