The Government has today launched its response and a consolation following the Taxi Task & Finish Group.

 

Response

  1. Government will not, in the short term, undertake a full replacement of the law which regulates taxi and private hire.
  2.  No immediate national standards instead the Government will use the statutory guidance as an interim measure.
  3.  No statutory definition of “plying for hire”
  4.  No proposal to cap PHVs
  5. Government agrees with journeys should start and/or end within the area for which the driver, vehicle and operator are licensed but no concrete proposals to take it forward.

Consultation

The Government has published a draft Statutory Guidance for Licensing Authorities on taxi and private hire licensing.  The draft statutory guidance sets out proposals including the following:

 

  1. No statutory definition of “fit and proper” but the test to be applied should be:
  2. “Without any prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night?”
  3. Mandatory DBS checks for all licensed drivers
  4. A new requirement that licence holders notify the issuing authority within 48 hours of an arrest and release, charge or conviction of any motoring offence, or any offence involving dishonesty, indecency or violence.
  5. A recommendation that all councils should have a robust system for recording complaints, including analysing trends across the whole system as well as complaints against individual licensees.
  6. DBS checks for operators’ ancillary staff.

Stephen McCaffrey

Regulatory defence barrister specialising in taxi and private hire licensing law, appeals and defence.

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