LGA issues briefing on council duties under new taxi and private hire vehicle legislation
The Local Government Association (LGA) has published a briefing on the Taxi and Private Hire Vehicle (Safeguarding and Road Safety) Act 2022, which outlines the Act's main provisions and practical steps councils can take to prepare.
As part of the briefing, the LGA has strongly advised local authorities to start using a central database to record taxi and private hire vehicle licence revocations ahead of the use of a database becoming mandatory under the Act.
The LGA briefing states that the main purpose of the Act is to improve intelligence sharing by requiring licensing authorities to record information regarding drivers' adverse licensing histories (refusals, suspensions or revocations of licenses) on a central database. This is in response to the proliferation of taxis and private hire vehicles working out-of-area and across licensing authority borders.
The briefing goes on to detail the new duties of licensing authorities. These include:
- The duty to report concerns about out-of-area drivers: From 31 May 2022, if any licensing authority in England has information about a taxi or PHV driver licensed by another authority, that is relevant to safeguarding or road safety concerns, it must share that information with the authority that issued that driver's licence.
- The duty to record licensing decisions in a central database: The Act will require licensing authorities in England to input, into a central database, instances where the authority has refused, suspended, chosen not to renew or revoked a taxi or PHV driver's licence based wholly, or in part, on information relating to the driver concerning safeguarding or road safety.
The central database has not yet been chosen. However, the LGA said it expects the Secretary of State to select the National Register of Licence Revocations and Refusals (NR3).
The LGA funded the development of NR3 in 2018. The database is hosted by the National Anti-Fraud Network (NAFN) and is already widely used by councils, according to the LGA.
Around 90% of local authorities are members of NAFN, giving them automatic access to the database.
Further details on the designated database are expected to be shared in the Autumn.
Speaking on its work with the Government in regard to the Act, the LGA said: “We are pleased that the Government listened to our calls and is expected to mandate the use of the NR3 for the purpose of the Act, building on the LGA’s original work in establishing it. This is because the NR3 is already in place, is widely used by licensing authorities, and has been shown to be effective.
“The LGA is continuing to engage with officials at the DfT and the National Anti-Fraud Network (which hosts NR3) as the Act is introduced to ensure councils have the tools and guidance that is needed to implement the legislation. Through our wider lobbying work, we are working to ensure that this Act is the first step in wider taxi and PHV reform and are continuing to call on DfT to bring forward a comprehensive Taxis and PHV Reform Bill to make the licensing system fit for the 21st Century.”
Adam Carey
