ENDATIONS: GOVERNMENT RESPONSE
PHTM: The Statutory Guidance covers in great detail the necessity for this training; we fully support any efforts to extend such programmes.
TFG Recommendation 26 SG
All individuals involved in the licensing decision making process (officials and councillors) must undertake appropriate training. The content of the training must form part of national minimum standards. PHTM: The trouble is that Government intends this requirement to be included in national minimum standards, ensuring a time lag.
TFG Recommendation 27 SG
Government must review the assessment process of passenger carrying vehicle (PCV) licensed drivers and/or consider the appropriate licensing boundary between taxis/PHVs and public service vehicles (PSVs). The Government response says: “In the longer term, it will be important to consider as part of the Future of Mobility Grand Challenge what changing technologies and ways of working might mean for the differing regulatory frameworks applied to road transport in the UK, including whether the number of seats in a vehicle remains an appropriate way of deciding how to regulate.” PHTM: This is one loophole that definitely needs closing. What needs discussing is not whether a PHV operator uses a (potentially dodgy) PCV driver on its circuit, but rather why/how PCV drivers are not DBS checked as are our drivers.
TFG Recommendation 28 SG
Licensing authorities must require that all drivers are able to communicate in English orally and in writing to a standard that is required to fulfil their duties, including in an emergency and other challenging situations. PHTM: This recommendation is further strengthened within the draft SG, in particular the reference to the need to “… provide a legibly written receipt on request”. However, it clearly does NOT mean that drivers, as part of their written English assessment, will have to compose an essay about a snowstorm… (Are you listening, TfL?) PHTM is in total agreement with the Government on this point; the understanding of spoken English is crucial, but the extent of written English to be tested should be reasonable.
TFG Recommendation 29 SG
All licensing authorities should use their existing powers to require that taxi and PHV drivers undergo disability awareness and equality training. This should ultimately be mandated as part of national minimum standards. PHTM: This specific disability training has been advocated for some five years now; it is regularly mentioned in Parliament, and the current Parliamentary Under Secretary of State for Transport, Nusrat Ghani, is particularly keen to ensure that such training becomes more widespread under existing powers. We totally agree: the most repeated complaint received by licensing authorities from disabled passengers (apart from access refusal, which can be dealt with severely) is the lack of training on the part of the driver – usually in districts where there is no such training in place.
MARCH 2019
POINTS FOR CONSULTATION UNDER THE DRAFT STATUTORY GUIDANCE
To reiterate, this is where you need to get your pen and/or keyboard out and respond to the Government yourself. Again, may we stress here that such consultation is NOT in respect of the Government’s response to the TFG in its entirety;
the points under
consultation fall within the Statutory Guidance for “...[local authorities] and
...persons who appear
to
represent those whose livelihood is affected...”
• Recommendation 16: the urgency to press ahead with the consultation on the draft Statutory Guidance itself. Closing date 22 April 2019.
• Recommendation 17: the mandating of CCTV in all licensed taxis/PHVs. Detailed information within the draft Statutory Guidance document.
• Recommendation 20: all drivers must be subject to enhanced DBS and barred list checks.
• Recommendation 21: Government must issue guidance on convictions to be grounds for refusal or revocation.
• Recommendation 22: Review of Common Law Police Disclosure Provisions to ensure as much relevant information is disclosed and licensing authorities are informed of any relevant incidents.
• Recommendation 23: Mandatory use by all local authorities of the National Anti-Fraud Network (‘NR3’) register of drivers with refusal or revocation, with a view to universal access via a national licensing database.
• Recommendation 25: All drivers to undertake safeguarding/CSAE awareness training.
• Recommendation 26: Council officials and councillors must undertake appropriate industry training; the content must form part of national minimum standards.
• Recommendation 27: Review of the use of passenger carrying vehicle (PCV) licensed drivers on private hire operator circuits.
• Recommendation 28: All drivers to be able to communicate in English orally and in writing to a standard that is required to fulfil their duties.
• Recommendation 29: All taxi/PHV drivers to undergo disability awareness and equality training.
In conclusion, bear in mind that you’ve read all about it in PHTM; we’ve given you THE FACTS, NOT THE FICTION; and as always, we strongly request that you give us your feedback on any aspect of this Government response to the Task and Finish report – or any other trade developments – so that we may advise the powers that be of the views of our industry. Send your responses to
info@phtm.co.uk
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