Taxi and Private Hire Vehicle Driver's Test - East Lindsey District ...

EAST LINDSEY DISTRICT COUNCIL REPORTCOMMITTEE:GENERAL LICENSING COMMITTEEDATE: 16 JANUARY 2013SUBJECT: TAXI AND PRIVATE HIRE VEHICLE DRIVER’S TEST –WHEELCHAIR ACCESSIBLE VEHICLESPORTFOLIO HOLDERWard(s) affected:COUNCILLOR V AYLINGALL WARDS.Brief description of report content and the decision being asked for:Summary:On 25 April 2012 the General Licensing Committee introduced a requirement forall licensed drivers of wheelchair accessible hackney carriage or private hirevehicles to have successfully passed the Driving Standards Agency’s (DSA) taxiand private hire wheelchair loading test. The requirement to come into force in2013 for all newly licensed wheelchair accessible vehicles and for existingaccessible vehicles at the time of the licence renewal.A request has now been made for an exemption to be granted to certain driversin relation to the DSA wheelchair test requirement. The requested exemptionrelates to those drivers who have successfully completed Unit 6 of the EdexcelLevel 2 NVQ in Road Passenger Transport – Unit 6 of the NVQ relates to‘providing a service to customers using a wheelchair in an accessible taxi orprivate hire vehicle’.Recommendations:That as from 16 January 2013 the following standard condition attached to thegrant of a wheelchair accessible hackney carriage or private hire vehicle licence:All licensed drivers of the vehicle (subject of this vehicle licence) must havesuccessfully passed the Driving Standards Agency’s (DSA) taxi and private hirewheelchair loading test (and presented the test certificate to the Council’sLicensing Team) before driving the vehicle. The DSA test to be undertaken at theapplicant’s own expense.be amended to read as:All licensed drivers of the vehicle (subject of this vehicle licence) must havesuccessfully passed:

• the Driving Standards Agency’s (DSA) taxi and private hire wheelchairloading test, or,• the Edexcel Level 2 NVQ Certificate in Road Passenger Transport (Taxi andPrivate Hire) and specifically achieved Unit 6 of the NVQ (namely, ‘providea service to customers using a wheelchair in an accessible taxi or privatehire vehicle).The DSA test certificate or NVQ pass certificate to be presented to the Council’sLicensing Team, before driving the vehicle (subject of this licence). The DSA testor NVQ to be undertaken at the applicant’s own expense.Reason: To ensure that those driver’s who have undertaken the Level 2 NVQ oftheir own volition are not subject to the unnecessary burden of having toundertake the DSA wheelchair test.This report has been prepared by:Mr A Twiddy Tel: 01507 613011 – e-mail: adrian.twiddy@e-lindsey.gov.ukThis report was prepared after consultation with:Not Applicable.This report is number 1 in a series of 1.This report has been signed off by: Mr Stuart Davy (Acting ChiefExecutive)The following policies form a context to this report:The Council’s policy in relation to hackney carriage and private hire licensing.This report is not a key decision included in the Forward Plan.LIST OF BACKGROUND PAPERS AS REQUIRED BY LAW(papers relied on to write the report but which are not published and do notcontain exempt information)1. Not Applicable

OTHER HELPFUL PAPERS(papers which the report author considers might be helpful – this might includepublished material)1. Taxi and Private Hire Vehicle Licensing; Best Practice Guidance issued bythe Department of Transport (DoT) in March 2010.Local Government (Access to Information Act) 1985Is the report Exempt – NOPlease contact the person who has written this report or Mr DHollingworth Tel. No. 01507 613558e-mail: duncan.hollingworth@e-lindsey.gov.uk, if you want moreinformation about this report or the background papers.1.0. INTRODUCTION1.1. As from October 2010 the Council has required all new applicants for ahackney carriage or private hire vehicle driver’s licence to successfullyundergo the Driving Standards Agency’s (DSA) standard taxi and privatehire driver’s test before a driver’s licence can be granted. The DSA testto be undertaken at the applicant’s own expense. The standard DSA testrelates to the applicant’s basic vocational driving ability and skills. TheDSA also offers an additional facility to check a driver’s ability to safelyload a wheelchair passenger into an accessible vehicle.1.2. The DSA is the Government appointed agency charged with settingdriving standards and delivering high quality driving tests to help ensuresafe driving. The DSA offers an assessment that is independent,standardised and specifically tailored to hackney carriage and privatehire licensing. Many Local Authorities have adopted this test forprospective private hire and hackney carriage drivers.2.0. BACKGROUND2.1. On 25 April 2012 the General Licensing Committee expanded its DSAtesting requirement by introducing a requirement for all licensed driversof wheelchair accessible hackney carriage or private hire vehicles to havesuccessfully passed the Driving Standards Agency’s (DSA) taxi andprivate hire wheelchair loading test. The requirement to come into forcein 2013 for all newly licensed wheelchair accessible vehicles and forexisting wheelchair accessible vehicles at the time of licence renewal.

2.2. This was done by attaching a condition to all wheelchair accessiblevehicle licences requiring that all drivers of that vehicle must havesuccessfully undergone the wheelchair-loading test. Prior to itsintroduction the Council did consult on this proposal on more than oneoccasion. Little response was received in relation to the consultation andnone of the responses suggested that any exemptions should beconsidered to the DSA wheelchair test requirement.2.3. This Authority seeks to promote the following objectives whenundertaking the hackney carriage and private hire licensing function:• the protection of the public;• the establishment of professional and respected hackney carriageand private hire trades;• access to an efficient and effective public transport service;• the protection of the environment;• improved disability access and awareness.3.0. SUBJECT INFORMATION AND ISSUES/FACTS AND FIGURES3.1. At present there are in the region of 55 wheelchair accessible vehicleslicensed with this Authority.3.2. A request has now been made for an exemption to be granted to certaindrivers in relation to the new DSA wheelchair test requirement. Therequest has been made by Mr Darrell Harrison of Louth. The requestedexemption relates to those drivers who have successfully completed Unit6 of the Level 2 NVQ in Road Passenger Transport. Unit 6 of the NVQrelates to ‘providing a service to customers using a wheelchair in anaccessible taxi or private hire vehicle’. Both Mr Harrison and two of hisemployees have recently passed the Level 2 NVQ, including the relevantUnit 6 wheelchair component. The Licensing Team are also aware of asmall number of other drivers in the District who have now passed theLevel 2 NVQ. All the drivers concerned undertook the NVQ training attheir own cost and volition.3.3. A summary of the assessment requirements and methodology in relationto Unit 6 of the Level 2 NVQ can be found at Appendix A of this Report.4.0. SUPPLEMENTARY FACTS4.1. Not Applicable.

5.0.COUNCILLOR COMMENTS – If no comments are received fromone or more of the Ward Members consulted state whichCouncillor(s) did not respond5.1. Not Applicable.6.0.DISCUSSION / CONSIDERATION – ISSUES / CONCLUSION –including reasons for recommendation(s)6.1. The Council has a duty to protect the public. Public safety, which includesthe safe loading of wheelchairs, as well as the maintaining of high drivingstandards, is of paramount importance. The DSA testing procedure wasintroduced by this Council in order to ensure that applicants achieve highstandards of driving, as well as ensuring that drivers of accessiblevehicles provide a safe and secure service.6.2. Officers are happy to support the request for an exemption from the DSAwheelchair test in relation to those drivers who have passed Unit 6 of theLevel 2 NVQ in Road Passenger Transport. The purpose of both the DSAtest and Unit 6 of the NVQ is to provide a mechanism by which drivers ofaccessible vehicles can demonstrate that they have the knowledge andskills to load a wheelchair in a safe and comfortable manner. It could beviewed as churlish for the Authority to insist on the DSA test when adriver has already proved in the NVQ that he holds the necessaryknowledge and skill set in order to load a wheelchair in an accessiblevehicle.7.0. PERFORMANCE MONITORINGSubject Deadline Responsible OfficerNot applicable Not applicable Not applicable8.0. RISK ASSESSMENT8.1. There is a theoretical risk of civil action against the Licensing Authority ifit is found not to have exercised due diligence in licensing matters.9.0. FINANCIAL CONSIDERATIONS/IMPLICATIONS9.1. This Report does not entail any specific costs to the Council. The costs ofthe DSA test or the NVQ are borne by the licensed driver.9.2. As with all licensing decisions it is possible that if a Licensing Authoritydecision is appealed to the Magistrates Court and the appeal is upheld,

costs may be awarded against the Council.10.0. LEGAL CONSIDERATIONS/IMPLICATIONS10.1. The Council must be satisfied that individuals are “fit and proper”persons to hold a hackney carriage or private hire vehicle driver’slicence.11.0.INCLUDE IF APPROPRIATE AND ONLY BRIEF EXPLANATION OFISSUE11.1. Environmental issues – Not Applicable.11.2. Human Resources – This review of the DSA testing requirement willnot place any new human resource implications on the Council.11.3. Section 17 – The Council has a duty to provide the public with a safeand secure taxi service within the District. Both the DSA and NVQprocedures promote public safety and high standards of driving toprotect the community.11.4. FOI/Human Rights/Data Protection – Human Rights: The LicensingAuthority must ensure that its decisions can withstand scrutiny byreference to the principle of proportionality, i.e. is the decision / actionproportionate to what it wishes to achieve, or, colloquially does the endjustify the means.11.5. Equality and Diversity – No specific implications in this regard.12.0.HOW DO THE ACTIONS/RECOMMENDATIONS CONTAINED INTHIS REPORT DELIVER OUR COMMUNITY AND CORPORATESTRATEGIES?12.1. The licensing and compliance role of the Council is important inimproving the health, safety, security and welfare of the District’sresidents, visitors and business community.APPENDIX A – Unit 6 of the Level 2 NVQ in Road Passenger Transport.