skippy41 wrote:
If the council require a medical, would they have to change the 1982 act , because there is no mention of it in the act
Well the 1982 Act *does* specifically mention medicals for drivers - s. 13(4) says:
Civic Government (Scotland) Act 1982 wrote:
A licensing authority may, at any time, for the purposes of satisfying themselves that he is physically fit to drive a taxi or, as the case may be, private hire car, require an applicant for or holder of a taxi driver’s licence or private hire car driver’s licence to submit to medical examination, at their expense, by a medical practitioner nominated by them.
https://www.legislation.gov.uk/ukpga/1982/45/section/13The Act doesn't specify any particular standard of medical, but recall that the Scottish Government's best practice guidance says:
Scottish Government's Best Practice Guidance wrote:
Medical Fitness
8.8. It is common for Scottish licensing authorities to apply the 'Group 2' medical standards (applied by DVLA to the licensing of lorry and bus drivers) to applicants for taxi and private hire car drivers' licences.
http://www.gov.scot/Publications/2012/04/3534/10While it wouldn't be unreasonable to challenge any LA on the grounds that Group 2 standards aren't mentioned in the Act and are unnecessarily stringent, in view of the Scottish Government's guidance and the widespread adoption of the standard it would seem pretty unlikely that such a challenge would be successful.
(Having said that, if an *individual* failed to meet the required Group 2 standard then they could perhaps challenge their LA on the basis that the licensing committee was fettering its discretion by blanket and indiscriminate adoption of the standard (if the driver's case was borderline, perhaps) but I doubt if there would be much scope in trying to strike down the policy as a whole.)