It has come to our attention, that drivers are still losing time and money over the late arrival of Licence renewals.

TfL are still informing drivers waiting for renewals (by post) that they can not work until they are in possession of replacement or renewal licenses. This is false information as we pointed out, back in September 2014, when we published a letter from Leon Daniels agreeing with our research into the Transport Act 1985.

In a more recent case, we were informed that NSL unexplainably canceled a drivers inspection date. He was unable to get a new appointment for a couple of weeks until after his plate had expired. He was informed by both NSL and TfL that he couldn't work. This information was totally false. 

Drivers should not be losing out. The Transport Act 1985 sec17(7) clearly states, that until a driver is in receipt of a renewal or notification that the old licence is revoked, then the old licence remains valid until renewal finally arrives.  According to Leon Daniels letter, this also applies to vehicle PCO plate (highlighted below) 

On 12th of May 2014, Taxi leaks published an open letter to Sir Peter Hendy. Amongst other issues, we bought his attention to the Transport Act 1985 sec 17(7), which appertained to licence renewal problems being experienced by some drivers.

Part of Sir Peters reply infered that he would have TfL's legal team look into the matter. 

5 months later, a reply came back from Leon Daniels.

After much deliberation from TfL's legal team, we received this reply below, signed by Leon Daniels and dated the 30 September 2014.

Dear Mr Thomas,

I refer to your email to Sir Peter Hendy regarding the provisions of section 17(7) of the Transport Act 1985 in relation to taxi drivers renewing their licences. Please accept my apologies for the delay in providing a reply.

As far as is possible we will issue a driver his or her new licence in advance of their old licence expiring.

However, this is dependent on the driver submitting a complete and timely application, which includes the result of the DBS check and any other information that is required, as we cannot make a licensing decision until this information is received. 

It is therefore imperative that drivers start the application process in good time to allow for all necessary checks to be completed before their licence expires.

Where we are provided with a complete application, including the results of the DBS check and any other necessary information, but have not yet made a licensing decision before the old one expires, the existing licence will remain in force until a decision is made in accordance with section 17(7). In these circumstances, a driver will not be issued with, nor require, a temporary licence pending a decision being made on their application.

Please note that contrary to the comment in your email, section 17 of the Transport Act 1985 only applies to London taxi driver and vehicle licences, not London private hire vehicle driver licences.

Kind regards

Leon Daniels | Managing Director  

Transport for London | Surface Transport | Palestra |

11th Floor - Zone R4| 197 Blackfriars Road|Southwark|SE1 8NJ

Ends:

Drivers to carry on working:

Although Leon Daniels letter contains a caveat stating the necessity of the DBS check, we would dispute this given sec 17(7) of the transport act, which is legally quite clear.

(7)Where a person holds a licence which is in force when he applies for a new licence in substitution for it, the existing licence shall continue in force until the application for the new licence, or any appeal under this section in relation to that application, is disposed of, but without prejudice to the exercise in the meantime of any power of the licensing authority to revoke the existing licence.

TfL do not make transport law, they have to abide by it. 

Should a DBS check give TfL the right to revoke a licence, the drive may appeal. His original Licence (as stated in the Transport Act), would therefore still be valid until the appeal is disposed of.

So there you have it. Don't worry if it takes weeks months or even years for TfL to send back your renewal. You are covered legally to work under the transport act and your old licence will remain valid until your renewal arrives or you are notified your licence is revoked. 

Editorial Comment: 

This issue also shows the dangers of a divided trade.

The reply from Leon Daniels was a major victory for Taxi drivers and should have been published in every trade news paper and magerzine. It should also be on every website and blog, to inform as many drivers as possible so as no one should lose a days work, let alone a few weeks. 

 

 Source : with thanks to Dave Little.