Driver Renewal Chaos
In January 2014, Taxi Leaks received news that many drivers were being refused the right to earn a living, after transport commissioner Sir Peter Hendy took it upon himself to revoke the traditional issue of temporary licenses and due to the CRB/DBS responsibility change, an enormous backlog of over 30,000 TPH renewals had built up.
In May 2014, I wrote to Sir Peter Hendy and asked him politely to reconsider, copying in my MP and a selection of Assembly Members who had shown interest in TfLs running of Taxis and Private Hire.
I received a negative reply from Leon Daniels on behalf of Peter Hendy, stating TfL's reason for scrapping temporary licenses being that some minicab drivers had received convictions for supplying class A drugs, whilst awaiting renewals in the past.
In June 2014 I wrote again, this time pointing out that in the Transport Act 1985 sec 17(7), it clearly states that if a driver has submitted a licence renewal before the old licence has expired, then the old licence remains valid until the new licence is received.
Another three months passed before Leon Daniels replied again, this time accepting the relevance of the Transport Act 17(7).
Unfortunately, the reply came with the caveat that section 17(7) only applies if a positive DBS check has been received by TfL. Otherwise, the driver would (in their opinion) be unlicensed and unable to work.
My own personal opinion differs to Leon's. As the act clearly states your old licence is valid until you receive a renewal or notification that your licence has been revoked, TfL are a licensing authority and as such they are not law makers.
To clear this issue up once and for all, I asked the branch secretary of the RMT to seek legal opinion on the caveat contained in Leon Daniels' letter.
I have now been informed by the RMT Legal Dept, that TfL will have an argument that an application is incomplete if all aspects of the renewal have not been received (including DBS).
A driver would therefore be unlicensed and uninsured if he/she continued to work under these circumstances.
When asked, the same advice was recently given out by the LTDA on its Twitter feed.
TFL state that allowing people to work without a current DBS check places the public at risk, yet their processes are so slow that the DBS is four months old when the licence is issued!
So by trying to avoid one imagined risk, they have created another.
No meaningful risk assessment could conclude that drivers of established previous good character (some over many decades) place the public at any significant risk.
We contrast this with the acceptance by TfL without question so called 'certificates of good conduct' from some of the most corrupt and dysfunctional governments on earth when issuing licences to PH.
This discriminatory treatment against citizens of impeccable character is outrageous and scandalous.
So by trying to avoid one imagined risk, they have created another.
No meaningful risk assessment could conclude that drivers of established previous good character (some over many decades) place the public at any significant risk.
We contrast this with the acceptance by TfL without question so called 'certificates of good conduct' from some of the most corrupt and dysfunctional governments on earth when issuing licences to PH.
This discriminatory treatment against citizens of impeccable character is outrageous and scandalous.
The RMT has written to the Home Office on behalf of the Taxi trade, demanding urgent action to bring this mess to a conclusion.
RMT general secretary Mick Cash said of TfL:
"This chaotic mismanagement is threatening the ability of members to make a living."
He went on to say:
"This intolerable situation cannot be allowed to continue and requires urgent action as set out in the RMT's letter to the Home Office."
The RMT will also be insisting that the DBS hire more staff and responsibility for administering taxi drivers criminal records check's must revert back to TfL.
The simple common sense solution would be for Sir Peter to reintroduce temporary licenses. Especially as we are about to see the re-emergence of counter services at 230 Blackfriars Road.
But as we all know to our cost, TfL don't do simple common sense.
