Certificate of good character 4.35
This is to be obtained if a driver has spent a considerable amount of time abroad where any misconduct would not be picked up by the DBS. This does hit a few snags: the sugges- tion is it should be for periods longer than three months, yet some countries only issue certificates for periods greater than six months. What if an applicant has been abroad a year or so back-packing and spent no more than a few days or weeks in any given country?
Should a licence be refused to someone who has no record but cannot prove it?
Officer training 5.3 and 5.4
Officers who are tasked with determining the suitability of applicants, existing licensees and whether they are fit and proper should receive appropriate training in order to ensure that as well as protecting the public, applicants and existing licensees are also treated fairly and in accordance with human rights legislation.
The best example I can provide is two candidates have been investigated for sexual assault and both found not guilty. In the first instance it was because of insufficient evidence and a key witness failed to attend court. In the second instance the alleged victim broke down in the witness box and con- fessed to making the whole thing up.
Which of the above, if either, should be granted a licence? Remember that the burden of proof is on the applicant and their suitability is considered on the balance of probabilities. Public safety is to be weighed against fairness, natural jus- tice, and proportionality.
Separation of powers 5.7 to 5.10
The general principle is that those who investigate allega- tions or complaints and those making the decisions should not be the same people. If the investigators are the officers, the decision-makers should be elected members. Decisions determined by officer panels are clearly a breach of this principle even if the investigating officers are not the same individuals as the officers making the decisions because they still work in the same department and are still in close contact with each other on a daily basis. Councillors are less likely to be influenced by previous decisions, will not have had previous dealings with the licensee and are therefore more likely to be impartial.
The fit and proper test 5.12 to 5.14
Without any prejudice, and based on the information before you, would you allow a person for whom you care, regardless
JUNE 2021
of their condition, to travel alone in a vehicle driven by this person at any time of day or night?
The answer to the above question is to be determined on the balance of probabilities but the benefit of the doubt is not given to the licensee. If it is a 50/50 split in your mind the driver should not be given a licence.
DBS check every six months 6.2.
This has proven to be rather controversial in the trade yet there is no reason for this. Drivers should be signed up to the live DBS update service and pay an annual fee. Most are. The onus is upon the local authority to check the driver's live DBS status at least every six months. That’s it, there is noth- ing to worry about!
Safeguarding and County Lines exploitation 6.5 to 6.13
Drivers should receive training or guidance on when to recognise signs of children being abused (not just sexually), neglected, trafficked, or used to traffic drugs. This is per- fectly reasonable. Most importantly, it encourages us to depart from our little bubble where we see what goes on around us and in our vehicle as essentially none of our busi- ness. On the contrary, if there is a potential problem and a driver does not take the appropriate steps and contact the relevant authorities, he or she becomes part of that problem.
Language proficiency 6.14 and 6.15
Drivers should be proficient in both written and oral English. Many are not and should therefore receive appropriate sup- port. It is a matter of public safety that drivers are able to communicate with and understand their passengers, identify their needs, and potentially diffuse any potential conflicts that may arise.
Whilst it is necessary for drivers to be able to read and understand policy and licence conditions, I am however, quite concerned about the potential for discrimination on the grounds of disability. I know of a number of drivers who communicate perfectly well with their passengers, they understand the rules but can barely read or write. Licensing policy and conditions should be available in audio format for such drivers. Are their licences otherwise to be revoked after years of providing service to their local communities without fault?
Basic DBS for vehicle proprietors and operators 7.2 and 8.2
This seems perfectly reasonable. Why not require an enhanced DBS given their responsibility for the general pub- lic in terms of data etc. Remember that Hackney Carriage proprietors are essentially de-facto operators.
7
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 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100
