Taxi Driver Online

Government Amendments to The Road Safety Bill 2006

Earlier in July I wrote about various schemes that through loop holes in “The 1976 Local Government Miscellaneous Provisions Act, allow drivers and vehicles to avoid the costs and safeguards of licensing by the local authority in which they operate. The article was prompted in the main by the spread of so called, “Private Member Transport Clubs.” These clubs allowed the clubs to provide a “taxi/ Private Hire”, service using unlicensed, non- CRB checked drivers, in unlicensed vehicles, not something the trade could condone, indeed many of the trade’s driver organisations such as the T&G’s Cab Trade Section, the NTA and others have long campaigned to have this sort of exemption under Section 75(b) removed.

On Wednesday 19th July 2006 David Farmer of the Buses and Taxis Division of the Department for Transport announced plans to repeal section 75(1) (b) of the 1976 Act. This section allowed vehicles used only for carrying passengers for hire and reward for a period of not less than seven days (and their drivers and operators) to not have to be licensed.

Although this amendment only applies outside London, as the Capital comes under separate legislation, “Transport for London”, (TfL) the licensing authority for the Metropolis has already made provisions to close the same loop hole in the “Private Hire Vehicles (London) Act 1998,” using the same Road Safety Act 2006 currently going through Parliament, and these amendments are due to be considered the House in early October. One could in hindsight raise the question, why the 1998 Act was actually passed with the loop hole in, given the concerns raised at the time but I guess better late than never?

In the same announcement was another proposed amendment to the 76 Act. This amendment related to the revocation or suspension of a Taxi or Private hire drivers licence by virtue of section 77 of the 76 Act. At present a driver who has had their licence revoked or suspended by their local licensing authority can appeal and then continue working until the appeal is considered or the original reason for suspension is dealt with by the courts. This obviously could give grounds for concern over public safety and so an amendment will allow the suspension or revocation of a driver’s licence with immediate effect, where the local authority considers it is in the interests of public safety. It is expected that this new provision will only be used in a small number of cases and the majority of drivers will be able to continue working.


Eddie Lambert

article in Sept Press Cuttings Monthly