ALL THINGS LICENSING
However, whilst there was some discussion in the previous BPG about training, and a suggestion to consider a recognised vocational course; aside from encouraging (not requiring) drivers to complete disability awareness training, there was no definitive list of what the authority should require.
Examining knowledge assessment, the previous BPG suggests that hackney carriage drivers be required to complete a topographical assessment of the local area relevant to how easy or difficult the area is to navigate, although whilst ensuring that such a test is not an undue barrier to entering the trade.
Regarding private hire driver knowledge, the previous BPG indicated that as private hire drivers were not available for immediate hire they would have the opportunity to plan a route prior to a journey and suggested drivers could be assessed on their ability to read a map and knowledge of key places, such as main roads and railway stations.
As for language assessment, the BPG only indicated that authorities may wish to consider whether a driver would have any problems in communicating because of language difficulties and was not particularly helpful in providing a definitive standard for proficiency.
The Statutory Taxi and PHV Standards July 2020
Moving forward to the Statutory Taxi and Private Hire Vehicle Standards 2020; published in response to terrible safeguarding failures in some areas which unsurprisingly set out a definitive position that all licensing authorities should require taxi and private hire vehicle drivers to undertake safeguarding training.
Clearly much had changed in the period between these Statutory Standards and the previous BPG, with much being made of the communication abilities of drivers. Therefore, the Standards also recommended a conclusive position regarding language proficiency in that a licensing authority should test both oral and written English language skills. Written proficiency, because this could affect a driver’s ability to understand written documents, such as policies and guidance relating to the protection of children and vulnerable adults. Oral proficiency, will be relevant in identifying potential exploitation through communi-cating with passengers and their interaction with others.
Elsewhere, this BPG focused on the importance of training decision makers and potentially imposing further training on drivers who had not met the
PHTM MARCH 2024
required standards. This is an interesting position as there needed to be some failure by the driver in order to require them to complete training, whereas the rest of the BPG focuses on preventative measures to ensure past failings are not repeated. Surely comprehensive training before a licence is granted would have been a much better pre-emptive approach?
It is important to remember that this BPG has statutory status for local authorities and despite the new BPG still remains in effect.
The Taxis and Private Hire Vehicles (Disabled Persons) Act 2022
This Act is designed to ensure that all disabled people can access transport services, free from the fear of discriminatory treatment or being faced with additional charges. It provides specific rights and protections for 13.7 million disabled people across the country so that they can travel with the confidence that they will receive the assistance they require when accessing taxi and private hire vehicle services.
The Act conveys several key actions which licensing authorities themselves will need to take; as well as placing requirements upon drivers, who are required to:
• Accept the carriage of any disabled person, provide them with reasonable mobility assistance, and carry their mobility aids, all without charging any more than they would for a non-disabled passenger.
• Provide any disabled passenger who requests it with assistance to identify the vehicle, at no extra charge.
When considering these duties and any training programmes aimed at raising awareness of these duties, it is important to remember that not all disabilities are visible. Many disabled passengers show no outward sign of their condition, so drivers will need to know how to speak to the passenger about their condition and ascertain their specific needs, without causing offence.
Whereas when this Act came in the BPG in place at the time encouraged drivers to complete disability awareness training, this Act means that drivers will also know how to respond to these needs, which are likely to be more complex than historical awareness training which likely just covered wheelchair and assistance dog users.
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