INSTITUTE OF LICENSING: Update on taxi ‘out-of-area’ working, DBS checks and other changes

Image: John Garforth, IoL

In a further update on licensing matters affecting drivers and operators, John Garforth JP, Vice Chairman of the Institute of Licensing, and a Council Licensing Manager discusses current topical issues of interest to the trade.

DBS Certificates

The fiasco of manual DBS certificates and a flawed update service continues. DBS tell me that it will be late 2023 before the glitch that has caused the issuing of several hundred manual certificates will be fixed. I have been pressing for the update service payments to be switched to direct debits rather than taking from the card. This is promised to be investigated but not until after the manual certificates issue is dealt with. Drivers should be mindful of cards expiring and look out for an email from DBS asking them to update their card. Failure to do so will result in the requirement for a brand new DBS certificate causing possibly impacting on licences.

Equality Act changes

You should be aware of changes that have come into force on the 28 June. These changes go further than the existing law which just cover wheelchair users.

Changes for drivers are as follows:

• Accept the carriage of any disabled person, provide them with reasonable mobility assistance, and carry their mobility aids, all without charging them any more than they would for a non-disabled passenger; and

• Provide any disabled passenger who requests it with assistance to identify the vehicle, at no extra charge.

Changes for operators are as follows:

• Accept bookings for or on behalf of any disabled person, if they have a suitable vehicle available.

• Failure to comply with the above will be an offence in law. Drivers who consider themselves medically or physically unfit to perform the mobility assistance duties should contact the licensing office to discuss exemptions. Councils, by law, have to publish a list of all wheelchair accessible vehicles.

DfT Consultation on Best Practice Guidance

Hopefully, by now, you will have responded to the consultation on best practice guidance which has now closed or at least contributed to one.

The 99 page document, which was very comprehensive, will be a welcome addition to a growing suite of Government guidance but doesn’t come without controversy. Proposals not to have livery on private hire vehicles and remove age limits on licensed vehicles has dismayed many licensing officers. Public safety, which is the golden thread of licensing, plays a key part in determining licensing policy. Hopefully, enough respondents to the consultation will convince the Department that this is not best practice. In the end it will only be guidance so won’t to be adopted but it will cause many discussions between trade reps and Licensing Officer and Councillors. Watch this space!

Out of Area Working

The media continue to report on confused passengers who wonder why vehicles from other parts of the country are collecting them. Questions being posed to local councils include:

• Is my daughter safe in that vehicle?

• Do those vehicles meet the same safety standards that my Council has?

• How do I know the driver doesn’t have convictions sexual or violent offences?

Frustrations amongst licensing officers are growing and the Government seem resistant to change. New powers must be considered by the Government!

By way of example, Greater Manchester is looking to secure, via Greater Manchester’s Devolution Trailblazer bid, a commitment from Government to devise an appropriate regulatory approach that will legally require that all private hire journeys within the Greater Manchester boundary must be undertaken by a driver and vehicle which are both licensed by one of the ten Greater Manchester local authorities. The effect would be to ensure that private hire operators with a licence to operate in one or more of the ten Greater Manchester local authorities will be required to serve any intra Greater Manchester journey request with a locally licensed driver and locally licensed vehicle.

Clean Air Zones

The Bradford clean air zone has been confirmed to launch on 26 September 2022. Applications for exemptions are now open.

Greater Manchester is due to submit the outcome of their review, having paused implementation, to Government on 1 July. Proposals are to create a investment led non- charging clean air zone.

Other schemes around the country continue to be developed and consulted upon.

To conclude

Active engagement of both the trade and Councils in consultations, reviews and lobbying has never been as important. The Department for Transport have finally got the message to work more closely with the trade and regulators alike and they are increasing their exposure for engagement opportunities. Never, in my eighteen years of licensing management, have I seen the trade and Councils on the same page on so many issues. Let’s continue this and use this new momentum for change to be heard at the doors of Government who are keener to listen. When their doors are closed let’s knock louder until we are heard.