ROYAL ASSENT: New Taxi Safeguarding Guidance begins

The Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022 (the act) received Royal Assent on 31 March 2022. Guidance has now been issued to licensing authorities across England which they must have regard to.

The 2 main aspects of the act include:

1. From 31 May 2022, if any licensing authority in England has information about a taxi or PHV driver licensed by another authority that is relevant to safeguarding or road safety concerns in its area, it must share that information with the authority that issued that driver’s licence.

Any licensing authority provided with such information by another authority must consider whether to suspend or revoke the driver’s licence and inform the authority that shared the information of its decision.

2. The act will require licensing authorities in England to input, into a central database, instances where the authority has refused, suspended, chosen not to renew or revoked a taxi or PHV driver’s licence based wholly or in part on information relating to the driver concerning safeguarding or road safety.

Before a licensing authority in England decides whether to grant or renew a driver licence, it must search the database for any entry relating to the applicant.

If there is a relevant entry, the authority must contact the recording authority to request the relevant information. The decision-making licensing authority must then have regard to the information provided when making their decision.

What counts as safeguarding and road safety concerns?

The act constitutes a safeguarding and road safety concern as information that indicates the person:

• committed a sexual offence (regardless of whether the person was charged with, prosecuted for or convicted of the offence)

• harassed another person

• caused physical or psychological harm to another person (regardless of whether the person was charged with, prosecuted for or convicted of the offence)

• committed an offence that involves a risk of causing physical or psychological harm to another person

• committed an offence under section 165, 168 or 170 of the Equality Act 2010 (regardless of whether the person was charged with, prosecuted for or convicted of the offence)

• did anything that constitutes unlawful discrimination or victimisation against another person for the purposes of the Equality Act 2010

• threatened, abused or insulted another person

• poses a risk to road safety while driving

• may be unsuitable to hold a taxi or PHV driver’s licence for other reasons related to the safeguarding of passengers or road safety.

Interestingly, even an attempt to or conspiracy to commit the above offences also constitutes a valid safeguarding or road safety concern.