Taxi Driver Online

With all the fuss in the press recently about this list, and the revelations that even if youve been cautioned you cant work with kids.

How many of us carry kids without parents? (not forgetting anyone under age 16 is classed as a kid).
Do we now have to think seriously about doing these sort of jobs at all?

It only needs one accusation true of untrue and its the end of your driving.
Even if it wasnt proven your off the road now.

Sorry, apparenly it's 18yo not 16!
So an 18yo lad can be put on the list for looking at a 16yo girls image, but he can have sex with her and marry her but not take photo's!

The worlds gone mad!

I imagine we all do, but then we all have at least one enhanced CRB check every three years.

That said, it's another bloody good reason to have CCTV in the motor.

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IDFIMH

Re: Enhanced checks.

I understand that LA's cannot insist on enhanced checks for a standard Hackney Carriage or Private Hire badge. If you carry out Schools contracts on behalf of the Education Authority, they will require the enhanced check. When this LA first introduced CRB checks, they decided on enhanced checks, which have since been downgraded to a standard check, for a drivers badge. I understand that a ruling was may a few yearsago that an enhanced check could not be made without good cause.

Hmmmmmmmm.

The acts say that anyone who comes into regular contact with vulnerable people should have an enhanced CRB check. Vulnerable people are not just children, but old dears and special needs folks.

So if your manor doesn't have any customers that are young, old or with special needs, then you should be just fine.

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IDFIMH

my La (Bolton MBC) require enhanced checks on all ph and hack applications

Hmmmmmmmmmmmmmm.... all you want to Sussex, the fact remains.

Why don't we ask our resident lower deck lawyer?

The fact remains that your manor isn't acting as it should.

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IDFIMH

In your opinion..

Which is wrong...

Every other manor bar yours insists on enhanced CRB checks.

Now are 342 councils wrong, or is Lincoln wrong? You decide.

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IDFIMH

342 if you like

Well I don't like, but there you are.

Talking of iffy rules, where do you think your manor got the 'must be at least 21 years old to drive a taxi/PH' rule from?

Do your manor have a lawyer attached to their licensing team? Cos if they do then they should really start reading some more legal books methinks.


Carmarthen:- 1st October 2001

A 19 year old driver applied for a Hackney Carriage Drivers Licence earlier this year but because of her age the matter was referred to the Council's Licensing Committee. The Council had a condition of licence (a policy) that it would only licence drivers aged at least 21 and who have been driving for at least 2 years. The Council further conteneded that the age of the Appellant meant that they could not be satisfied that she was a "fit & proper person" to hold a licence. The Appellant argued that neither the Act of 1847 or 1976 required an applicant to be aged at least 21 and in fact the wording of the Acts made it clear that so long as an applicant had held a full drivers licence for at least 12 months then a licence should be issued, provided of course that she was otherwise fit and proper. The Appellant in this case was medically fit, conviction free and had held a full licence for 2 years and 7 months. The Appellant further argued that the condition of licence relied on by the council was unenforceable as there is no provision in the Act of 1847 or 1976 to attach conditions of Licence upon a Hackney Carriage Driver. Hackney Carriage Drivers must be regulated by way of "Bye-Laws" in accordance with s68 Town Police Clauses Act 1847. HELD: The Appeal was allowed and the Council was ordered to pay the Appellant's costs. Solicitor for the Appellant Keith Jeffreys, Kearns & Co Swansea - Solicitor for the Council Robert Edgecombe, Carmarthenshire County Council Legal Serices.

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IDFIMH

This is an interesting thread for me.

I have just applied for a judicial review about this very matter, Herefordshire County Councils requirement for an enhanced crb check for all hackney carriage drivers and not just those that carry passengers covered by Part V section 115 of the Police Act 1997.

This is a quote from an email sent to me from the crb unit..

"Under the Rehabilitation of Offenders Act 1974 those applying for Taxi Driver Licences are eligible for a Standard Disclosure. To be eligible for an Enhanced Disclosure the position must also be included in Part V section 115 of the Police Act 1997.

The legal defininition of a vulnerable person is given in Statutory Instrument 2002 no 446

By demanding all hackney carriage drivers to undergo an enhanced crb check the council is operating illegally, the action being misuse of discretionary powers.

Unless the council can demonstrate that they beleive you will be carry on a regular basis (ie more often than in the normal course of duty as a hackney carriage driver) and be in sole charge of a child or vulnerable adult then they are acting illegally and in breach aof Article 8 of the Human Rights Act.

But we shall have to wait and see if I am granted leave to appeal and the outcome of the hearing, but the law is very clear on the issue so i would expect a success.

Kevin

That's the paragraph from the email, anything after is my coments. Must check my grammer in future before submiting

This might also be worth reading,

I was going to paste the link but it seems that the disclosure unit has taken it off line, fortunately i saved the document. It's taken from the Registration Matters 12 newsletter published by the then Disclosure Unit


Eligibility of taxi drivers for higher-level Disclosures

As part of the process of receiving a hackney or private hire licence, taxi drivers now need to come via the CRB to obtain a Disclosure.

A number have asked which level of check they should obtain. All taxi drivers will be entitled to a Standard Disclosure. If those countersigning Disclosure applications feel that drivers are likely to be regularly in sole charge of passengers below the age of 18 or vulnerable adults, an Enhanced Disclosure will be available. It will also be possible, but not compulsory, for Countersignatories to request a Protection of Children Act (PoCA)/List 99 check.

Eligibility to receive either Standard or Enhanced Disclosures is determined by the Exceptions Order to the Rehabilitation of Offenders Act1974. The Exceptions Order was most recently amended on 1 March 2002, when a number of clarifications were made and new professions added, including both hackney cab drivers (black cabs) and private hire drivers (mini cabs).

A taxi driver may be eligible for a higher level Disclosure for one of two reasons:
in relation to the grant, renewal or cancellation of a taxi licence
in relation to an application to be employed as a taxi driver.

An Enhanced Disclosure will be available only if the Registered Body believes that the taxi driver in question is likely to be regularly in sole charge of people aged under 18 or vulnerable adults.

Registered Bodies may feel that it is likely that local taxi firms will be engaged by schools on contracts to transport children to and from school.

If you need any further clarification, call the information line on 0870 90 90 811.


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If a council wants to enhance chack all their hackney carriage drivers and p hire dirvers then they must demonstrate a reason for believing that all dirvers will be regularly in sole charge of people under 18 or vulnerable adults.

Now I know that Hereford has a major problem with underage drinkers and clubbers but I would have thought the best way of dealing with that is to deal with the pubs and clubs who admit people underage and not the taxi drivers who need to take them home or is it a matter again of the council being bullies and picking on peole who do not have powerful representations.

Kevin