bloodnock wrote:
Regardless of what Holyrood issues by way of Guidance to our LA's the fact remains that the D4 medical for Group 2 drivers has nothing to do with anyone other than DVLA's HGV and PCV licensing.
But Holyrood and the LA's should make it Crystal clear that they are not completing a D4 Medical form and that all they want is that a Taxi or PH driver is of a similar level of fitness ...but they are confusing the GP's in what they actually want, I reckon it should be deferred until all GP's fully understand whats required of them and that they receive full Holyrood and or LA instructions to that affect.
Certainly agree that Holyrood should provide more clarity on these matters, and no doubt there are, er, teething problems with the change of policy.
But looking at your LA's website, the issues you seem to be questioning seem to be those raised in a court case and that the LA is now attempting to address? Presumably you've read this from last year, when it was proposed to implement a more concrete policy:
Scottish Borders Council wrote:
3.6 The working group acknowledged that the current process whereby only
those applicants who declared a medical condition which is likely to affect
their ability to drive are requested to provide evidence from their own GP
had worked well and should continue where possible. However there had
been occasions where applicants GP’s were unwilling to provide written
confirmation to a Group 2 standard and in those situations it was felt that
applicants should be able to discuss with the Council’s Licensing Team
alternative options whereby they will be able to undergo the required Group
2 Medical Assessment. For the avoidance of doubt it was the view of the
working group that the costs of obtaining a medical assessment to a Group
2 Standard should be met by the applicant in all instances.
3.7 In addition and subsequent to the setting up of a working group this
authority’s decision to suspend a taxi driver’s licence pending medical
evidence from his doctor that he had been assessed to a Group 2 standard
was challenged by way of appeal to the Sheriff at Selkirk Court. The basis
of the applicant’s appeal was that there was no legal requirement for a taxi
driver to complete a Group 2 medical and that this authority had no formal
policy to that effect. Following a hearing which took place at Selkirk Sheriff
Court on 9 June 2017, the Sheriff issued a judgement whereby he found
that this authority had not acted unreasonably in requesting that the
applicant provide a medical report that he meets a Group 2 medical
standard and that Section 13(4) of the Civic Government (Scotland) Act
1982 gave this authority the power to seek such a report. However, in his
judgement the sheriff commented that in his opinion it was unfortunate that
this authority do not have a published policy on the medical standards
required. The Sheriff’s comments reinforce the need for such a policy
http://scottishborders.moderngov.co.uk/ ... -2017a.pdfAll seems fairly straightforward, although what looks OK on paper isn't necessarily the same in practice.
That's an interesting comment about the fees for the examinations though - I thought it was always the LA that were required to pick up the tab for medicals. On the other hand, even if they did the fees would probably be recovered indirectly via an increase in licence fees.
Anyway, s. 13(4) of the Act 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 Scottish Development Department Circular 25/1986 explains s. 13(4):
SDD Circular 25/1986 wrote:
Medical Examination
2.28 Subsection (4) provides that a licensing authority may at any time require an applicant for, or a holder of, a taxi or private hire car driver's licence to submit to a medical inspection. The inspection is to be carried out by a medical practitioner nominated by the authority, although there is nothing to stop the authority from nominating the driver's own doctor or specialist. The costs of any such medical examination will be at the expense of the licensing authority (although they may recover the costs of this from all applicants and licence holders by including such costs in the fees to be charged under section 12). It is not expected that such examinations would be automatic - bearing in mind that applicants will already be holders of ordinary driving licences - and it is anticipated that they will be required by authorities only where there are specific grounds for concern about the medical fitness of the applicant or the driver - on age, accident or health record.
http://www.gov.scot/Publications/2012/04/2261/2Could be wrong, but don't think there's been any change in the law in this regard.