Improving safety for taxi and PHV passengers | Have Your Say Transport for London

Consultation has concluded

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Part 1 Proposals

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The table below shows:

The reference number for each of our proposals – please make sure you include the reference number when commenting on a proposal
Each of the 10 DfT’s Statutory Taxi and PHV Standards covered in our consultation
Our proposals for implementing the Standards

You can find further information on our proposals in the Part 1 Factsheet. The factsheet includes the supporting information which explains each proposal in more detail.

Reference	DfT Standard states	Our proposals
DfT 1: Licensee self-reporting	Licence holders should be required to notify the issuing authority within 48 hours of an arrest and release, charge or conviction of any sexual offence, any offence involving dishonesty or violence and any motoring offence. An arrest for any of the offences within this scope should result in a review by the issuing authority as to whether the licence holder is fit to continue to do so.	We propose to: Prescribe a licence condition that will require all taxi drivers to inform us of any arrest and release, charge or conviction of any offence within 48 hours. This prescribed condition will apply to all licensed taxi drivers with immediate effect Attach a condition to every PHV driver licence issued on or after the implementation date that the licence holder informs us of any arrest and release, charge or conviction of any offence within 48 hours. The condition will be applied to all PHV drivers over the three-year renewal cycle Amend the regulation that requires PHV operators to notify us of convictions within 14 days to state 48 hours and extend the requirement to include “arrest and release, charge, caution or conviction” Please note that our proposals for taxi and PHV drivers are different because of differences in taxi and PHV legislation.
DfT 2: Complaints against licensees	Ways to make complaints to the authority should be displayed in all licensed vehicles. Licensing authorities must ensure that drivers are aware of a requirement to display information on how to complain and take appropriate sanctions against those that do not comply with this requirement.	We propose to: Require all taxis and PHVs to display signage that will include information on how to make a complaint to TfL alongside other statutory and important safety information Prescribe a condition that will require every taxi driver to ensure that the taxi they are driving is displaying the signage. This prescribed condition will apply to all licensed taxi drivers with immediate effect Attach a condition to every PHV driver licence issued on or after the implementation date that the PHV they are driving is displaying the signage Please note that our proposals for taxi and PHV drivers are different because of differences in taxi and PHV legislation.
DfT 3: Overseas convictions	Licensing authorities should seek or require applicants to provide where possible criminal records information or a ‘Certificate of Good Character’ from overseas in this circumstance to properly assess risk and support the decision-making process. It is the character of the applicant as an adult that is of particular interest, therefore an extended period outside the UK before the age of 18 may be less relevant.	We propose to change our current Certificate of Good Conduct (CoGC) requirements and require from applicants for a taxi driver, PHV operator and PHV driver licence a CoGC to cover any periods outside the UK since the applicant was 18. When renewing, taxi drivers and PHV drivers will have to declare any further extended periods when they have lived overseas for three or more continuous months since they were 18, and then obtain a CoGC accordingly. An ‘extended period’ will be three or more continuous months.
DfT 4: Driver DBS checks	All individuals applying for or renewing a taxi or PHV driver’s licence should be subject to an enhanced DBS check and a check of the children and adult Barred lists. All licensed drivers should also be required to evidence continuous registration with the DBS update service to enable the licensing authority to routinely check for new information every six months. Drivers that do not subscribe to the Update Service should still be subject to a check every six months.	We propose to amend our existing DBS requirements and: To introduce an application requirement that requires all applicants for a taxi driver’s or PHV driver’s licence, both new and renewal, to provide evidence of registration with the DBS Update service To introduce a licence condition that once licensed, all taxi drivers and PHV drivers maintain continuous registration with the DBS Update service That once taxi drivers and PHV drivers have registered with the Update service, we will undertake six monthly checks with the DBS
DfT 5: Safeguarding training and English language skills	All licensing authorities should require taxi and PHV drivers to undertake safeguarding training. A lack of language proficiency could impact on a driver’s ability to understand written documents, such as policies and guidance, relating to the protection of children and vulnerable adults and applying this to identify and act on signs of exploitation. Oral proficiency will be of relevance in the identification of potential exploitation through communicating with passengers and their interaction with others. A licensing authority’s test of a driver’s proficiency should cover both oral and written English language skills to achieve the objectives above.	We have considered the safeguarding training and English language standards together and will be delivering them as part of a comprehensive package of taxi driver and PHV driver assessments. We’ve already introduced online safeguarding awareness training for all taxi and PHV drivers. PHV drivers For PHV drivers we have already introduced a safety, equality and regulatory understanding assessment and an English language requirement. Taxi drivers We propose to introduce a mandatory safety, equality and regulatory understanding assessment for all new and renewing taxi drivers. We will continue to monitor the speaking and listening skills taxi drivers demonstrate when completing the Knowledge to ensure that London taxi drivers’ English skills meet the objectives in the Standards. If there is sufficient evidence to suggest that the Knowledge of London does not demonstrate taxi drivers’ English speaking and listening skills, we propose to introduce a separate speaking and listening test similar to that undertaken by applicants for PHV driver licences. We are interested in your views on whether taxi drivers’ speaking and listening skills meet the objectives in the DfT’s Standards or whether further assessment is necessary. The safety, equality and regulatory understanding assessment will be used to determine new and renewing taxi drivers’ reading and writing skills.
DfT 6: Vehicle owner DBS checks	Licensing authorities should require a basic disclosure from the DBS [for taxi vehicle and PHV licence applicants] and that a check is undertaken annually. Licensing authorities should consider whether an applicant or licence holder with a conviction for offences provided in the annex to this document (Annex – Assessment of previous convictions), other than those relating to driving, meet the ‘fit and proper’ threshold. An authority which undertakes the biannual DBS checks recommended for its drivers should not require those seeking to license a vehicle to provide a basic DBS check. Overseas checks to be considered where applicable.	At this time we do not propose to introduce any additional requirements for either taxi or PHV owners. The proposal to undertake DBS checks and overseas checks on vehicle owners were not included in the DfT’s 2019 consultation on the draft Statutory Standards. Stakeholders have not therefore had the opportunity to comment on this in the final version of the Standards Given the unique nature of the London taxi and PHV market, we would like to understand your views as to the effectiveness of requiring London taxi and PHV owners, both renewals and new applicants, to provide: a basic DBS certificate and that a check is undertaken annually and a Certificate of Good Conduct to cover any periods of three or more continuous months spent outside the UK since the applicant was 18.
DfT 7: PHV operator DBS checks	Licensing authorities should require a basic disclosure from the DBS [for PHV operator licence applicants] and that a check is undertaken annually. Licensing authorities should consider whether an applicant or licence holder with a conviction for offences provided in the annex to this document (Annex – Assessment of previous convictions), other than those relating to driving, meet the ‘fit and proper’ threshold.	We propose: To introduce a new licence condition that will require all existing licensed PHV operators to provide a basic DBS check each year within 28 days of the anniversary of the licence issue date To require all new applicants for a PHV operator’s licence to provide a basic DBS certificate annually That all basic DBS checks are obtained through our service provider
DfT 8: PHV Operator booking and dispatch staff	Licensing authorities should, as a condition of granting an operator licence, require a register of all staff that will take bookings or dispatch vehicles. Operators should be required to evidence that they have had sight of a Basic DBS check on all individuals listed on their register of booking and dispatch staff When individuals start taking bookings and dispatching vehicles for an operator they should be required, as part of their employment contract, to advise the operator of any convictions while they are employed in this role. Licensing authorities should also require operators or applicants for a licence to provide their policy on employing ex-offenders in roles that would be on the register as above.	We propose: To prescribe a new licence condition that all PHV operators must keep a register of booking and dispatch staff That the information that must be included in the register will include name, date of birth, and reference number and date of DBS check To require all new and renewing applicants for a PHV operator licence to provide their policy on employing ex-offenders with their application
DfT 9: PHV operator booking records	Licensing authorities should as a minimum require PHV operators to record the following information for each booking: the name of the passenger; the time of the request; the pick-up point; the destination; the name of the driver; the driver’s licence number; the vehicle registration number of the vehicle; the name of any individual that responded to the booking request; the name of any individual that dispatched the vehicle.	PHV operators are already required to record most of this information when accepting a booking. We propose to amend the existing PHV operator booking record requirement to: Include the name of any individual that responded to the booking request and the name of any individual that dispatched the vehicle Specify that the booking records must record the driver’s PHV licence number Specify that the booking records must record the vehicle registration mark (VRM) of the vehicle
DfT 10: Changing licensing policies and requirements	Any changes in licensing requirements should be followed by a review of the licences already issued.	We are proposing: Wherever possible, we propose to apply any new licensing policies immediately, but the differences in taxi and PHV legislation may require different approaches to taxi and PHV licensees That where appropriate, when there are changes in licensing requirements, we will review the licences already issued In order to re-assess licensees’ fitness if there are changes in licensing requirements, we are proposing that for taxi drivers and PHV drivers we retain the DBS certificates where information is recorded so we are aware of any criminal history that it disclosed.