New Taxi Safeguarding Laws Given Royal Assent
New taxi and private hire safeguarding legislation has been given Royal Assent. The private members bill which was proposed in June last year is now law.
The Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022 received Royal Assent on the 31st of March 2022. Licensing authorities have had to give regard to this new legislation as of 31st May 2022.
What does the new legislation cover?
The aim of this Bill is to improve the safety of passengers using taxi or PH services. According to Parliamentary Explanatory Notes, the Bill proposes two key provisions that will affect licensing authorities:
Licensing authorities in England and Wales must enter into a central database, instances where that authority has suspended, revoked, refused to grant or refused to renew a taxi or PHV driver’s licence because of certain safeguarding or road safety concerns relating to that driver. Other licensing authorities in England must then take this information into consideration when deciding whether to grant or renew a taxi or PHV driver’s licence.
Licensing authorities in England to report certain serious safeguarding or road safety concerns about a taxi or PHV driver working in its area to the licensing authority in England, Wales or Scotland that granted a licence to that driver. Licensing authorities must then have regard to any such reports received and to consider whether the relevant taxi or PHV driver should remain licensed.
What are Safeguarding and Road Safety concerns?
Under the new act, offences that need to be recorded on the central database include the following:
has committed a sexual offence.
has harassed another person.
has caused physical or psychological harm to another person.
has committed an offence that involves a risk of causing physical or psychological harm to another person (whether or not the person was charged with, prosecuted for or convicted of the offence).
has committed an offence under section 165, 168 or 170 of the Equality Act 2010 (whether or not the person was charged with, prosecuted for or convicted of the offence).
has done anything that, for the purposes of the Equality Act 2010, constitutes unlawful discrimination or victimisation against another person.
has threatened, abused or insulted another person.
poses a risk to road safety when driving.
may be unsuitable to hold a driver’s licence for other reasons relating to: the safeguarding of passengers, or, road safety.
It also clearly states that individuals don’t necessarily need to have been convicted of an offence for it to be recorded as relevant information.
attempt to commit the offence;
conspiracy to commit the offence;
aiding, abetting, counselling or procuring the commission of the offence;
incitement to commit the offence;
an offence under Part 2 of the Serious Crimes Act 2007 in relation to the offence.
Licensing authorities will be responsible for recording any relevant information about licensees that meets any of these definitions in a central database. This should prevent unsuitable drivers from simply applying for a licence in another area if they have been deemed unfit.