IoL - ALL THINGS LICENSING CHAPTER 6 - DRIVER LICENSING
Chapter 6 deals with driver licensing and contains a num- ber of important additions. The ‘fit and proper’ test from the Statutory Standards is repeated, and the adoption of a higher medical standard for licensed drivers confirmed.
Driving proficiency
There is a marked change in the position from the current guidance for driving proficiency assessments, recom- mending that licensed drivers should demonstrate a higher degree of driving ability.
Safeguarding/disability awareness
The importance of safeguarding awareness as per Statu- tory Standards is reiterated and the guidance recommends that disability awareness is also considered. Whilst there is an acknowledgement that vocational training has benefits, surprisingly the guidance recom- mends against this which seems at odds with the current guidance and other measures in the guidance Statutory Standards to improve the service offered.
Intended use policies
Chapter 6 also introduces the concept of ‘intended use policies’, where hackney drivers are undertaking predomi- nantly ‘pre booked’ work in another area, going so far as to suggest that such a policy should be introduced. The ‘intended use’ of a licence would be better placed under the ‘vehicle’ section following from the Knowsley judgement.
CHAPTER 7 - PH OPERATOR LICENSING
Moving on from drivers, private hire operator licensing is considered at Chapter 7. Considering how differently operators can now ‘operate’ following advances in tech- nology since 2010, there is a welcome update to this chapter and a lot of new material. There is also a recog- nition of the role in which operators can now have in training and safeguarding awareness.
Fit and proper test - operators
There is reference to a ‘fit and proper’ test for operators, although the guidance doesn’t go so far as to suggest what that test could be as it has done for drivers, save for checking available company records.
The objective in licensing private hire operators is the 8
Elsewhere the guidance does reference compliance with health and safety and employment law as relevant con- siderations about propriety, again reflecting considerable interest in this area over the past couple of years.
It would perhaps be relevant to include an operators responsibility regarding data protection to be factored into the expectations of operators.
CHAPTER 8 - VEHICLE LICENSING
Chapter 8 deals with vehicle licensing and again there is a lot of new and useful information provided. However, there is no reference to a propriety test as mentioned in the Statutory Standards.
Vehicle licensing, as mentioned earlier is an issue of con- JUNE 2022
safety of the public, who will be using operators’ premis- es, and vehicles and drivers, arranged through them. Operators also hold a considerable amount of informa- tion about customers, and as such the operator, and any staff they employ must not use their position to take advantage of this information.
Operators have an important role in negating the poten- tial effects of ‘out of area working’ and the ‘fit and proper test’ in the guidance would be the ideal opportu- nity to set reasonable expectations of operators.
Guildford for example has adopted the following test:
“Would I be comfortable providing sensitive informa- tion such as holiday plans, movements of my family or other information to this person, and feel safe in the knowledge that such information will not be used or passed on for criminal or other unacceptable purpos- es? Would I also be confident that this person would operate a professional and reliable service, at a time it is needed, and take reasonable steps to safeguard both passengers and the ability of the local licensing authority to protect the public if required?”
If the answer to the question is an unqualified ‘yes’, then the person can be considered to be fit and proper. If there are any doubts in the minds of those who make the deci- sion, then further consideration should be given as to whether a licence should be granted to that person.
I will be submitting to the DfT that this test be used. Other propriety factors
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