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| Fewer checks on cabbies http://www.taxi-driver.co.uk/phpBB2/viewtopic.php?f=2&t=17039 |
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| Author: | captain cab [ Mon Jun 27, 2011 9:42 am ] |
| Post subject: | Fewer checks on cabbies |
Fewer checks on cabbies FEWER checks will soon be made on prospective taxi and private hire drivers in Lincolnshire. The existing policy requires all applicants for a licence to undertake a Criminal Record Bureau (CRB) check to enhanced standard which details criminal convictions and lists people barred from working with children and vulnerable adults. In March this year the CRB told councils that enhanced checks could only legally be required for drivers who transport children and vulnerable adults as part of a contract to or from schools or hospitals. Aside from reducing the level of screening available to councils, some applicants may have to pay for two separate CRB checks, one standard and one enhanced. North Kesteven District Council's licensing panel is to amend its taxi licensing policy accordingly when it meets next Wednesday to comply with the Government instructions. source: http://www.thisislincolnshire.co.uk/ |
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| Author: | captain cab [ Mon Jun 27, 2011 11:49 am ] |
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Taxi Drivers : Standard or Enhanced? Let’s first set out the basics and the legislative framework. The Rehabilitation of Offenders Act 1974 (ROA), (Exceptions) Order 1975 lists the types of occupations, professions and positions for which you are legally entitled to request a Standard CRB check. Taxi Drivers’ Licences are included in this list and are therefore clearly entitled to a Standard level of check. The question we often get asked is “Can I request an Enhanced CRB check on a Taxi Driver?” To answer this question you must consider other legislation, in particular the Police Act 1997 (Criminal Records) Regulations and the Safeguarding Vulnerable Groups (SVG) Act 2006. The Police Act 1997 sets out a list of employments and positions which are entitled to an Enhanced CRB check. As it currently stands, the issuing of a licence in respect of either a Taxi Driver or Private Hire Vehicle driver is not listed. This means that it would be illegal to request an Enhanced CRB check for the sole purpose of issuing a licence to a Taxi or Private Hire Vehicle (PHV) driver. Taxi and PHV drivers are not a specified position in the SVG Act 2006, however in certain circumstances some drivers will be carrying out regulated activity but only when they transport children or vulnerable adults to or from a regulated activity AND it is organised by the providers of the regulated activity or an organisation working on their behalf, e.g. a Local Authority school contract or NHS contract. It is not regulated activity if a child/vulnerable adult hires a taxi in the street or by telephone privately. For more information please see the Department for Transport’s “Taxi and PHV Licensing Best Practice Guidance of March 2010”. http://www.homeoffice.gov.uk/publicatio ... ?view=Html |
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| Author: | cabbyman [ Mon Jun 27, 2011 12:08 pm ] |
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Although I'm aware that the law appears to have been in place for a little while, am I alone in thinking this is a step backwards? |
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| Author: | jimbo [ Mon Jun 27, 2011 3:04 pm ] |
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A STANDARD CRB check:- "will provide information regarding CONVICTIONS, CAUTIONS, REPRIMANDS and WARNINGS held on the PNC. (police national computers)" Is there really any more a council needs to (re) badge a driver? |
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| Author: | Sussex [ Mon Jun 27, 2011 6:32 pm ] |
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cabbyman wrote: Although I'm aware that the law appears to have been in place for a little while, am I alone in thinking this is a step backwards?
It is a massive step backwards, but in all fairness the CRB folks are merely confirming the law as it was written. What we need is a change of law to make it mandatory for licensed taxi/PH drivers, and proper guidance from gov as to exactly what is, or who is, 'fit and proper'. |
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| Author: | Sussex [ Mon Jun 27, 2011 6:34 pm ] |
| Post subject: | |
jimbo wrote: Is there really any more a council needs to (re) badge a driver?
In the vast majority of cases no. However if an alleged rapist, who has been interviewed a number of times by the police, then maybe councils should see that info to allow them to make an informed judgement as to the fitness of an applicant. |
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| Author: | Nidge [ Mon Jun 27, 2011 6:47 pm ] |
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jimbo wrote: A STANDARD CRB check:- "will provide information regarding
CONVICTIONS, CAUTIONS, REPRIMANDS and WARNINGS held on the PNC. (police national computers)" Is there really any more a council needs to (re) badge a driver? So why cant we just get a PNC check done at the local Police Station for £11 and done within 4 days? |
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| Author: | jimbo [ Mon Jun 27, 2011 7:53 pm ] |
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Sussex wrote: jimbo wrote: Is there really any more a council needs to (re) badge a driver? In the vast majority of cases no. However if an alleged rapist, who has been interviewed a number of times by the police, then maybe councils should see that info to allow them to make an informed judgement as to the fitness of an applicant. So a decision on a drivers fitness should be made on unfounded allegations? I thought that a cornerstone of British Justice was innocent until PROVEN guilty. Does anyone out there really think that a person who has been accused of a crime such as sexual assault, but not charged, should subsequently be considered not "fit and proper" to drive a taxi? Ever been accused of something you did not do? I have. |
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| Author: | Stationtone [ Mon Jun 27, 2011 7:55 pm ] |
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Quote: What we need is a change of law to make it mandatory for licensed taxi/PH drivers, and proper guidance from gov as to exactly what is, or who is, 'fit and proper'.
Agree %100 , clear and accurate guidance is needed |
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| Author: | jimbo [ Mon Jun 27, 2011 8:06 pm ] |
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Stationtone wrote: Quote: What we need is a change of law to make it mandatory for licensed taxi/PH drivers, and proper guidance from gov as to exactly what is, or who is, 'fit and proper'. Agree %100 , clear and accurate guidance is needed Define "clear and accurate" to a 100% absolute. |
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| Author: | Sussex [ Mon Jun 27, 2011 10:28 pm ] |
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jimbo wrote: Define "clear and accurate" to a 100% absolute.
A start would be the minimum amount of time since a specific conviction until anyone can apply for a license. |
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| Author: | jimbo [ Tue Jun 28, 2011 8:17 am ] |
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Sussex wrote: jimbo wrote: Define "clear and accurate" to a 100% absolute. A start would be the minimum amount of time since a specific conviction until anyone can apply for a license. The real problem lies with those who have not been apprehended for their misdeeds. A set of guidelines already exists as to minimum times, doesn't it? |
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| Author: | Sussex [ Tue Jun 28, 2011 5:30 pm ] |
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jimbo wrote: A set of guidelines already exists as to minimum times, doesn't it?
Indeed, but how many councils adhere to them? |
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