ning them today - a virtually identical copy passed across my desk from a coun- cil just this week.
Let me give you an example: “Item (E) - Indecency Offences. As hackney carriage and private hire vehicle drivers often carry unaccompanied passengers, appli- cants with convictions for indecent exposure, indecent assault, importuning or any of the more serious sexual offences should be refused until they can show a substantial period (at least three to five years) free of such offences. More than one conviction of this kind could preclude consideration for at least five years. In either case, if the licence is granted, a strict warning as to future conduct should be issued.”
Similar three- to five-year periods are also given for violence, dishonesty, drug convictions etc.
Over the years we have begged the Home Office to update Annex D, especially when CRB checking came in and the Rehabilitation of Offenders Act 1974 no longer applied to taxi drivers. Yes, we have had a number of occasions where licences have been granted to drivers with a record of serious sexual offences, because the local authority concerned believed that the Rehabilitation of Offend- ers Act still applied.
Even now we have problems with some local authorities who say, “Ah - exemption from rehabilitation means that we are able to look at the complete record of this gentleman or lady from day one, and we can then make a decision.” But in the back of Councillors’ minds there still lies the question: Because a piece of legis- lation was passed, and the Statutory Instrument is on the record excluding taxi/PHV drivers, how can we ever say that a person with a conviction who wants to be a taxi driver will never be rehabilitated?” There is a difference. And remember: ISA is just round the corner, and the question still remains: what category will taxi/PHV drivers come under? Many believe that all taxi drivers should be ISA registered; those we have spoken to in the Government and at the ISA believe that not to be the case.
So effectively if you are a rapist with a school contract, the ISA barring scheme will ensure that you lose that contract. However, rapists in the same licensing area who do not have school contracts presumably can carry on as if nothing had hap- pened. Well, as I’m writing this article, the Public Carriage Office has done an about-face: they have revoked the gentleman’s private hire licence; they have forbidden him from doing the Knowledge, and they announced that they are going to have a look at the whole situation. Their press release follows.
There are many out here who hope that their new Annex D will be seriously more robust than the old one.
Before I sign off this month, last month’s rant about unlicensed high-mileage drivers has led to a lovely Letter to the Editor which can be found on page 64. I guarantee it will make you smile.
Until next time, sayonara. Transport for London
Transport for London (TfL) today announced plans to tighten the guide- lines for licensing taxi and private hire drivers in the Capital. In future, taxi and private hire licences will not be granted to applicants who have been convicted for serious or violent offences, unless there are exceptional mit- igating circumstances.
This clarification comes as a result of recent public interest in the case of an individual with a conviction for manslaughter who was licensed as a private hire driver and accepted on to the Knowledge of London pro- gramme. As a result of concerns raised about this case, TfL’s Public Carriage Office (PCO) ordered a full review of the licensing decision. That review is now complete and has concluded that insufficient weight was given to the applicant’s criminal history when a decision to grant them a private hire licence was made. As a result, the individual’s private hire licence is being revoked, and they will not continue to study the Knowl- edge.
Jeroen Weimar, the Chief Operating Officer for TfL Surface Transport, said:
“We understand why this case caused concern and I would like to reiter- ate that safety is always our top priority. Taxi and private hire drivers are in a position of trust, and it’s our job to ensure they deserve that trust.
“This was a difficult case, but following a thorough review, we believe that insufficient weight was given to the applicant’s criminal history when the decision to grant them a private hire licence was made. We have therefore revoked this individual’s licence and they will no longer be allowed to study the Knowledge.
“The PCO has robust processes in place to determine whether or not indi- viduals are fit to become licensed taxi or private hire drivers, and in the overwhelming majority of cases I am confident the right decision is made. However, we have tightened our guidelines with regards to applicants’ criminal histories as we seek to prevent such cases in the future.”
The PCO is also carrying out a wider review of the licensing guidelines, and will use a panel of experts to advise on difficult cases in future. The panel will include experts in the fields of criminal justice as well as senior representatives from the PCO.
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PAGE 13
PN-274 24 September 2009
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