Taxi Driver Online :: View topic - DfT 'Best Practise' guidance part 2

Someone sent me a copy of an e-mail sent to certain trade reps from the CRB folks.

Good morning I am responding on behalf of Helen,

I have drafted a document which sets out the current position relating to the legislative framework for Taxi/PHV drivers and also outlining the position when the ISA/VBS scheme comes into force. I am awaiting Helens return, w/c 18th May, to approve the content and will send it to Heidi for distribution ASAP.

However to answer your particular queries in brief:

1) Did you say that for licensed taxi/private hire drivers to be part of the ISA scheme they will need to be at an enhanced status, and are licensed taxi/private hire driver at that enhanced status?

Ans:In terms of recruitment or suitability decision made by an organisation, if it is requested that an individual become part of the scheme and a Disclosure is required, the level must be Enhanced. If Standard is crossed the application will be rejected. To be part of the scheme a person has to engage in regulated activity i.e. working frequently or intensively with children or vulnerable adults in certain circumstances. In relation to taxi/phv drivers this would only occur when they are working as part of a contracted arrangement with a Local Authority,NHS trust or Care home and subsequent to the granting of the licence.

Currently there is no legislation which enables applications for taxi/private hire vehicle driver licence applications to request Enhanced disclosure.

2) Is it the view of the CRB that licensed taxi/private hire drivers will be able to have an standard CRB check, or a ISA check, or will they have to take both?

Ans: Unless there is a change in legislation which supports a blanket policy that taxi/phv drivers be classed as a specified position in the Safeguarding Vulnerable Groups Act 2006 and therefore there is a subsequent change to The Police Act Regulations then applications from taxi/phv drivers must remain at a Standard level.

This will provide any information regarding convictions, cautions, reprimands and warnings held on the Police National Computer .It will not be possible to request checks against the Children’s and/or Vulnerable Adults list where the level of Disclosure is Standard, the application form will be rejected.

I hope this is clear for you but if you require further explanation please let me know

Author:	Alex [ Tue May 05, 2009 4:21 pm ]
Post subject:	DfT 'Best Practise' guidance part 2
Taxi and private hire vehicle licensing: Best practice guidance The Department for Transport has launched a consultation on a draft revised version of the best practice guidance for taxi and private hire vehicle (PHV) licensing authorities. The department first published best practice guidance for taxi and PHV licensing authorities in October 2006. From feedback received the guidance has been a valuable source of advice both in terms of prompting local authorities to look afresh at their licensing policies and providing a resource to assist trade representatives who want to approach their local authority with suggestions for change. The department are inviting comments about the usefulness of the original guidance and proposed changes to it. The consultation ends on July 28 2009. http://www.dft.gov.uk/consultations/ope ... licensing/ Alex

Author:	Sussex [ Tue May 05, 2009 7:13 pm ]
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I note in the revised edition the DfT are having a rethink about criminal checks. Could this be because the CRB folks have advised the DfT that they have no powers to issue Enhanced CRB checks on drivers? Or at least that's what the CRB Policy Head said today at the House of Commons.

Author:	Brummie Cabbie [ Sun Jul 12, 2009 9:32 pm ]
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Sussex wrote: Could this be because the CRB folks have advised the DfT that they have no powers to issue Enhanced CRB checks on drivers? Or at least that's what the CRB Policy Head said today at the House of Commons. All licensed drivers in Brum have Enhanced CRB check; my last one was in February 2007 & that was an Enhanced CRB. So I don't know why the House of Commons statement was to the contrary.

Author:	captain cab [ Mon Jul 13, 2009 12:22 am ]
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but the crb doesnt apparently even state driving convictions ffs CC

Author:	Sussex [ Mon Jul 13, 2009 7:37 am ]
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Brummie Cabbie wrote: So I don't know why the House of Commons statement was to the contrary. The Enhanced checks are carried out by the CRB, but their senior management, backed by their legal advice, say that if a council was challenged in court, over an an issue on a check that subsequently leads to a driver not receiving a license, then that council would lose as they have no powers to request an enhanced check for 99.9% of taxi/PH drivers.

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Author:	Sussex [ Mon Jul 13, 2009 7:42 am ]
Post subject:
Someone sent me a copy of an e-mail sent to certain trade reps from the CRB folks. Good morning I am responding on behalf of Helen, I have drafted a document which sets out the current position relating to the legislative framework for Taxi/PHV drivers and also outlining the position when the ISA/VBS scheme comes into force. I am awaiting Helens return, w/c 18th May, to approve the content and will send it to Heidi for distribution ASAP. However to answer your particular queries in brief: 1) Did you say that for licensed taxi/private hire drivers to be part of the ISA scheme they will need to be at an enhanced status, and are licensed taxi/private hire driver at that enhanced status? Ans:In terms of recruitment or suitability decision made by an organisation, if it is requested that an individual become part of the scheme and a Disclosure is required, the level must be Enhanced. If Standard is crossed the application will be rejected. To be part of the scheme a person has to engage in regulated activity i.e. working frequently or intensively with children or vulnerable adults in certain circumstances. In relation to taxi/phv drivers this would only occur when they are working as part of a contracted arrangement with a Local Authority,NHS trust or Care home and subsequent to the granting of the licence. Currently there is no legislation which enables applications for taxi/private hire vehicle driver licence applications to request Enhanced disclosure. 2) Is it the view of the CRB that licensed taxi/private hire drivers will be able to have an standard CRB check, or a ISA check, or will they have to take both? Ans: Unless there is a change in legislation which supports a blanket policy that taxi/phv drivers be classed as a specified position in the Safeguarding Vulnerable Groups Act 2006 and therefore there is a subsequent change to The Police Act Regulations then applications from taxi/phv drivers must remain at a Standard level. This will provide any information regarding convictions, cautions, reprimands and warnings held on the Police National Computer .It will not be possible to request checks against the Children’s and/or Vulnerable Adults list where the level of Disclosure is Standard, the application form will be rejected. I hope this is clear for you but if you require further explanation please let me know

Author:	Brummie Cabbie [ Mon Jul 13, 2009 5:05 pm ]
Post subject:
Sussex wrote: Someone sent me a copy of an e-mail sent to certain trade reps from the CRB folks. Good morning I am responding on behalf of Helen, I have drafted a document which sets out the current position relating to the legislative framework for Taxi/PHV drivers and also outlining the position when the ISA/VBS scheme comes into force. I am awaiting Helens return, w/c 18th May, to approve the content and will send it to Heidi for distribution ASAP. However to answer your particular queries in brief: 1) Did you say that for licensed taxi/private hire drivers to be part of the ISA scheme they will need to be at an enhanced status, and are licensed taxi/private hire driver at that enhanced status? Ans:In terms of recruitment or suitability decision made by an organisation, if it is requested that an individual become part of the scheme and a Disclosure is required, the level must be Enhanced. If Standard is crossed the application will be rejected. To be part of the scheme a person has to engage in regulated activity i.e. working frequently or intensively with children or vulnerable adults in certain circumstances. In relation to taxi/phv drivers this would only occur when they are working as part of a contracted arrangement with a Local Authority,NHS trust or Care home and subsequent to the granting of the licence. Currently there is no legislation which enables applications for taxi/private hire vehicle driver licence applications to request Enhanced disclosure. 2) Is it the view of the CRB that licensed taxi/private hire drivers will be able to have an standard CRB check, or a ISA check, or will they have to take both? Ans: Unless there is a change in legislation which supports a blanket policy that taxi/phv drivers be classed as a specified position in the Safeguarding Vulnerable Groups Act 2006 and therefore there is a subsequent change to The Police Act Regulations then applications from taxi/phv drivers must remain at a Standard level. This will provide any information regarding convictions, cautions, reprimands and warnings held on the Police National Computer .It will not be possible to request checks against the Children’s and/or Vulnerable Adults list where the level of Disclosure is Standard, the application form will be rejected. I hope this is clear for you but if you require further explanation please let me know All I can say is that for a number of years now Birmingham drivers have had the enhanced CRB & paid the extra £2, I think it is, for it. I have my copy of my last CRB somewhere, & I know it says Enhanced at the top of the report sheet. And, no they don't have driving convictions, because as far as I know the police don't register those on the CRB computer database.

Author:	taxiwebsites [ Thu Jul 16, 2009 9:11 pm ]
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[/quote] And, no they don't have driving convictions, because as far as I know the police don't register those on the CRB computer database.[/quote] In my opinion police does register driving convictions on the CRB database. May be I am wrong. Can someone please clarify that?

Author:	Sussex [ Fri Jul 17, 2009 12:01 am ]
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taxiwebsites wrote: In my opinion police does register driving convictions on the CRB database. May be I am wrong. Can someone please clarify that? Not fixed penalties, be they motoring or public order.

Author:	davezingo [ Fri Jul 17, 2009 10:13 am ]
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Re Taxi/ph draft document Nobody is intrested that any drivers on group one insulin dependant will lose their licence if the draft goes through with no alterations I suggest Hackney/unions branches look into this before it is to late. Of taxi drivers 2% of the workforce i.e. about 5000 are affected. RMT union Taxi London Branch 07899786433

Author:	Sussex [ Fri Jul 17, 2009 7:30 pm ]
Post subject:
davezingo wrote: Re Taxi/ph draft document Nobody is intrested that any drivers on group one insulin dependant will lose their licence if the draft goes through with no alterations I suggest Hackney/unions branches look into this before it is to late. Of taxi drivers 2% of the workforce i.e. about 5000 are affected. RMT union Taxi London Branch 07899786433 Who says no-one is interested? Just cos folks don't contribute on TDO doesn't mean the trade wont object to the proposed changes. If the RMT are now, late in the day, fighting these proposals then welcome to the club, that I'm led to believe include the GMB, NTA, NPHA, NTTG, NALEO, LPHCA, T&G.

Author:	MR T [ Thu Sep 10, 2009 9:03 pm ]
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Yesterday the 9th ..... the first meeting between the Ministry for Transport and the MOM group took place.... on the agenda was the best practice guidelines for councils.... also other items.... when the minutes have been processed I'm sure they will appear on here....

Author:	MR T [ Sun Sep 27, 2009 5:44 pm ]
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A very big birdie was telling me the other day , that it looks like the best-practice guidelines will be advising councils to implement a WAV only policy from now on, bye-bye saloon vehicles .... I wonder how long before Scotland will follow...

Author:	captain cab [ Sun Sep 27, 2009 6:56 pm ]
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MR T wrote: I wonder how long before Scotland will follow... If Dumfries and the Scots borders are the general rule of thumb, I'd say rather quickly! CC

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Author:	Brummie Cabbie [ Sun Sep 27, 2009 8:10 pm ]
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MR T wrote: A very big birdie was telling me the other day , that it looks like the best-practice guidelines will be advising councils to implement a WAV only policy from now on, bye-bye saloon vehicles .... I wonder how long before Scotland will follow... Would that be for PH as well as HC? After all PH are a transport service for the public & DO call themselves 'taxi', so why on earth should they be exempt?