Applying for a taxi or Private Hire Vehicle licence now comes with increased background checks, with local authorities being tasked with recording revocations on a national level.
In light of reports of some taxi and Private Hire Vehicle (“PHV”) drivers instigating incidents of sexual harassment, inadequate driving, and abuse, a new legal requirement has been brought in for local authorities. Now, whenever a taxi or PHV driver has their licence revoked for misconduct, the local authority must record this on a national database. This database is then checked for history of revocation by local authorities upon receipt of applications to apply for or renew a taxi or PHV licence.
The Department for Transport’s purpose in introducing this measure is to block those who abuse their position as a driver from accessing a licence, and from skirting scrutiny by moving and applying into another area. Transport Secretary Mark Harper has expressed the importance of ensuring passenger safety, with a particular focus on women and young girls. He also stated that introducing more rigorous checks will protect those who are “…hard-working, law-abiding drivers”.
The national database is not a new system for this measure. Hosted by the National Anti-Fraud Network, the National Register of Taxi License Revocations and Refusals (“NR3”) has been in place for several years for local authorities to use voluntarily. However, at the time mandatory use was implemented, only 74% of councils had been doing so.
From implementation, the Department for Transport will be monitoring the use of NR3 and may take legal action against local authorities that fail to complete the relevant checks.
Licensing authorities have already reported benefits of the system, seeing applicants with revoked licences being rejected where they have failed to disclose the revocation when applying in a new area.
The measure is mandatory from 27 April 2023 and brings the Taxis and Private Hire Vehicles (Safety and Road Safety) Act 2022 into full force.
If you are a member or employee of a local authority and need advice on your licensing obligations, please get in touch with the Birketts’ Regulatory and Corporate Defence Team.
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at May 2023.