ALL THINGS LICENSING The Updated Best Practice Guidance (2023)
Finally, progressing to the new BPG, by way of comparison, the word training features nearly twice as many times compared to the previous version, up from 17 to 33 mentions.
The first mention of training reiterates the position of the Statutory Standards 2020, in requiring safeguarding training, albeit that this is provided in a manner which avoids unnecessary delays to gaining a licence.
In respect of disability awareness training, the BPG builds on the position in the Disabled Persons Act 2022 and sets out that: “Drivers should be trained in disability awareness and/or have their knowledge and skills assessed. Drivers should also be encouraged, through targeted and general communications, to uphold the highest standards of customer service.
The training or assessment should include but not be limited to:
• the features of an inclusive, high quality service • appropriate attitudes, behaviours and skills • assistance that can be provided to all passengers
• the protected characteristics, and related Equality Act 2010 duties
• understanding the different barriers that disabled people face when using taxis and PHVs, and how they might be identified
• the role of taxis and PHVs in enabling disabled people to be independent and the role of drivers and operators in facilitating this
• how to communicate with people with different communication needs
• how to assist people with a range of visible and less visible impairments
• supporting wheelchair users to board, alight and travel in safety and comfort whilst in their wheelchair
• the identification and role of assistance dogs
• legal obligations towards disabled passengers and the consequences of not complying with them
• an assessment of the trainee’s knowledge and skills”
Clearly the above comprehensive position and list of what training should be provided is much welcomed. Helpfully, the BPG also signposts to existing materials, the REAL disability equality training programme, which has been produced on behalf of the DfT and is relevant to the licensed trade.
66
So, we have a very clear position in the updated BPG that drivers are required to complete safeguarding and wide-ranging disability awareness training. The guidance recognises that this could be delivered by way of vocational training, however it does not have to be delivered via this route. It continues that any requirement imposed needs to be proportionate and leads us to the position that: “Vocational qualifications provide a ‘snapshot’ of learning as they are awarded based on the curriculum of the course at the time it is taken. The training required of drivers will naturally evolve over time and so a vocational qualification may need to be supplemented with further training and assessment. An example of this is the inclusion of ‘county lines’ awareness as part of safeguarding training.
“Given the need for driver knowledge and awareness to evolve and the potential need for periodic assessment, licensing authorities should not require applicants for a licence to have obtained a vocational qualification. If drivers and private hire vehicle operators wish to go beyond what is required to obtain a licence as part of their development or business model they can obviously do so, but it should not be a licensing requirement.”
The above stance, whilst moving away from the position of indicating that vocational training for drivers was a good idea, appears to indicate that driver training should occur more often than at the time of first application. Looking deeper, the DfT seems to be setting out that whilst vocational training clearly delivers a set standard of training at a point in time, there is going to be a need for drivers to receive updated training periodically during their careers.
Whilst continuous professional development in any professional role is to be welcomed, unfortunately any further content or interval for such assessment has not been set out. Therefore, it is likely to relate to emerging issues or be as a result of an enforcement issue where a particular deficiency has been identified. This again seems to undermine the intended preventative nature of the licensing regime.
In addition to safeguarding and disability awareness, the updated BPG also considers training for driver proficiency specifically. Whereas the previous version of the BPG noted that driving proficiency assessments existed, it set out that the need for such assessments must weigh up the cost/benefit of such testing. However, the updated BPG says that: Licensing
MARCH 2024 PHTM
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
