If you are licensed by Transport for London (TfL), you must declare certain things to them. Failing to do so might result in a suspension or revocation of your driver’s licence.
According to the TfL Private Hire driver’s handbook, the following must be declared:
- You should tell TfL immediately if, between medical examinations, you develop a new medical condition that may affect your ability to drive
- If you change your home address, you should tell TfL within 21 days
- If you have broken the law and have been disqualified from driving.
- If you are the subject of a mental health order or sexual offences order
- If you are on either the Adults or Children’s Barred Lists
- If you have a private hire or taxi driver’s licence with another licensing authority and that authority has suspended or revoked your licence, or refused any new application you have made
- You must tell TfL immediately if you are arrested, charged with, convicted or cautioned for any crime. This includes any fixed penalty notices or road traffic offences that result in penalty points on your driving licence
- If you own your PHV, you must tell TfL within 72 hours of any collision that affects the safety, performance, appearance or comfort of the vehicle.
As a general rule, if you are not sure whether to tell TfL, you should contact TfL for advice.
TfL decision – it pays to appeal
Transport for London (TfL or also known as the Public Carriage Office) is under a statutory duty to ensure licence holders and applicants are, and remain to be, fit and proper people. We have written about TfL’s guidance and assessments to establish whether licensees and applicants are fit and proper.
Under this statutory duty, TfL should act when a licensee’s fitness to propriety is called into question. This, in practice, means it should investigate complaints and allegations and decide if the licence should be suspended or revoked if the outcome of the investigation leads it to believe the licensee is no longer fit and proper. TfL’s approach to investigations and enforcement is set out in its enforcement policy.
A decision to suspend or revoke a licence is significant. It is therefore incumbent on TfL to properly investigate complaints and allegations so that it can reach a reasonable decision based on evidence. In our experience however, this is very often not the case. We have often found that TfL has made a decision to revoke a licence without having undertaken a proper investigation into the complaint or allegation.
Decisions by TfL to refuse, suspend or revoke licences are appealable. Through many successful appeals of TfL decisions, it is a clear that there is value in appealing a decision by TfL to refuse, suspend or revoke a licence.
TfL’s indiscriminate approach to revoking licence is often its demise too. A methodical approach to TfL appeals often means success for licence holders. This is important because TfL’s indiscriminate approach, in many cases, unfairly labels licence holders as unfit to hold a licence.
Taxi Defence Barristers understand the distress of losing your licence particularly if the process was not fair. We take the time to fully investigate allegations and complaints to clearly establish the facts and evidence. This meticulous approach often leads to success because it exposes the lack of willingness by TfL to actually investigate allegations.
Fairness is a fundamental legal principle. Licence holders have a right to be treated fairly and be given a fair trial. Often, this is not reflected in the TfL investigation process.
If you have had your TfL taxi or private hire (minicab) licence refused of revoked, speak to us today for a free case assessment.
Disclaimer: This article is for guidance purposes only. Kings View Chambers accepts no responsibility or liability whatsoever for any action taken, or not taken, in relation to this article. You should seek the appropriate legal advice having regard to your own particular circumstances.
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