Taxi Driver Online

Minibuses can be driven by convicted criminals, claims taxi driver

A TAXI driver in Middlesbrough is campaigning for tougher checks on minibus drivers – claiming that people with criminal convictions are being allowed to drive them. Under the current system, all drivers of both Hackney and private hire cabs have to undergo rigorous criminal records checks before they are granted licences by the council. But minibus drivers – known as “passenger carrying vehicles” drivers – do not have to go through the same checks unless they are driving groups classed as vulnerable.

Taxi driver Rasub Afsal, who drives in Middlesbrough, has been campaigning for the law to be changed to ensure minibus drivers go through the same checks as taxi drivers. He said people were at risk because of a loophole in the law – and said he knew “many” drivers who were convicted at court who made the switch to driving minibuses to avoid the criminal checks.

Mr Afsal, a self-employed taxi driver, said: “This loophole is not good. It is putting the public at risk and something needs to be done about it.” Middlesbrough MP Andy McDonald was asked to get involved by Mr Afsal and wrote a letter to the Department for Transport highlighting his concerns. He has pledged to write again to the new under secretary for transport.

He said: “Whilst Mr Rasub Afsal has raised an important issue, his concerns were not shared by the then transport minister, Norman Baker. “The minister ruled out any immediate prospect of a change in the regulations on the grounds that there was very little risk to the public. Amongst other things, all drivers do have to be CRB checked when driving vulnerable groups where the risk is obvious.

“I have met with Mr Afsal and said in my letter to Norman Baker that I can see the attraction of having a consistent set of regulations that apply to all drivers of Hackney Carriages, Private Hire Vehicle or Passenger Carrying Vehicles. The Minister was of a different view to that of Mr Afsal.

“The Minister said that whilst he wasn’t saying that there wasn’t any risk at all, he felt the risk was low and that the current regime was adequate. He has moved onto another Ministry and in those circumstances it would be useful to see if his successor agrees. I will make that enquiry.”

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IDFIMH

Why does he say that it is a loophole? The lower risk is obvious to me in that taxi drivers regulaly carry lone females where as a minibus or coach would very rarely carry just one lone female. When we did limos that carried 8 passengers we would insist that the last drop off on any job was at least 2 passengers unless it was totally unavoidable.

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Grandad,

Surely it depends what the conviction was for?

On top of the issue of lone passengers i guess minibus drivers are not likely to be handling cash?

No it doesn,t.

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Grandad,

Well I think it does.

Conviction for dangerous driving might be an issue worth considering.

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IDFIMH

There are no checks made by anyone in any authority regarding minibus drivers. If you have your PCV drivers license and drivers CPC then you are free to drive. Insurance may be an issue but that is all.

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Grandad,

But I think that's what the chap in the article is moaning about.

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IDFIMH

I know it is. The fact remains that it does not matter what the conviction is for, if you have the correct drivers license and drivers CPC, you can drive a bus or a minibus.

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Grandad,

However, "relevant" convictions need to be reported to the Area Traffic Commissioner by either the driver or his employer for consideration. The TC can then call the driver to a Public Inquiry where disciplinary action against the vocational licence can be taken.

This can involve suspension of the licence for a while (things like mobile phone use/speeding/careless or dangerous driving/dishonesty/drivers hours) or in more serious cases the licence can be revoked (sex offences, violence etc).

What this guy is probably talking about is the Community Transport sector which we have discussed at length on here, where there are NO checks made (unless the CT operator chooses to do so) and NO requirement for a PCV licence, so those drivers fall completely outside the Traffic Commissioners' scope for disciplinary action!

It IS possible for a convicted sex offender to drive a school bus, providing it is a regular service bus!