STATUTORY TAXI AND PRIVATE CHANGE IS COMING YOU HAVE BEEN WARNED
As soon as the new statutory standards were released by the DfT last year, we ran an article in PHTM, although we didn’t go into great detail - we merely announced it and offered a personal view.
Since the standards were announced, most local authorities have launched or are launching consultations, taking the standards into consideration. They are reviewing their own existing individual conditions and policies and examining how they already satisfy the standards, or any amend- ments they need to make locally in order to comply.
The timing could not have been worse for our industry, right in the middle of the Covid pandemic, and its devastating impact on our industry together with the intro- duction of CAZs in various locations across the country.
This month, NPHTA board member, Steven Toy, provides an in-depth look at the changes in clear understandable terms.
It makes for interesting reading. STATUTORY TAXI AND PRIVATE HIRE VEHICLE STANDARDS
These was first published by the Department for Transport last July as can be found in the following link.
https://www.gov.uk/government/publications/statutory- taxi-and-private-hire-vehicle-standards
As councils undertake the process of revising their licensing policies and conditions, they are basically required to do so with regard to the above. I shall summarise the main points:
Consideration of the Standards 2.8 and 2.9 Complaints 4.29 to 4.31
Whilst the document can be used in court against licensing authorities it is not an actual statement of law. It is a balance between being mere guidance which could be completely disregarded on the one hand and rigid legislation which could undermine the powers of local authorities to determine their own policies. Localism is thus retained to some degree although councils need to be mindful of the fact that it could be cited in any legal challenge to their practice.
Duration of licences 3.6 and 3.7
Driver licences are normally for three years and operator’s licences for 5 years, but these can be issued for a shorter
6
Complaints received about a licensed driver may establish a pattern even if no action is to be taken in respect of individ- ual instances. If such a pattern is established following a number of complaints, local authorities can decide on the appropriate remedy or action.
Passengers should be made aware of the complaints procedure in order to facilitate this process. However, in my view, it is better to invite comments than complaints in order to engender a more positive image of the trade in the eyes of the public and also in order to raise public confidence.
JUNE 2021
duration for various reasons although not on a probationary basis. Councils should not refuse to issue licences of shorter duration if requested by the licensee. I can think of a number of councils that should take note of this. Such a request is enough of a reason without further justification or consideration as this in itself creates another layer of bureaucracy.
Consultation at local level 3.12
When local authorities review their licensing policies, they are required to consult the trade and all other interested parties. This is also mentioned in the Regulators’ Code.
3.13 goes further by requiring local authorities to consult with their neighbours in case proposed policy changes are likely to have a wider impact outside of the licensing area. I wonder if this is intended to be a further erosion of localism.
Sharing licensing information with other licensing authorities 4.20
Applicants are required to disclose if they have ever been licensed by another authority and more importantly, if they have ever had a licence suspended or revoked.
National register of taxi and PHV driver licence refusals and revocations 4.21
The NR3 Register is for local authorities to share information about applicants with all other local authorities around the whole country. This is to prevent someone having their licence revoked by one authority only to obtain another licence elsewhere.
However, 4.24 states that each case should be determined on its own merits. For example, a driver could be refused a licence for failing a knowledge test which may not be a requirement in another area.
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