We understand the consequences of having your taxi drivers licence suspended or revoked. We have a specialist team of motor law solicitors who can advise and assist you if you are at risk of suspension or revocation.
We can provide legal advice and assistance if you have any of the following:
• Hackney Carriage (HC) drivers licence;
• Private Hire Vehicles (PHV) drivers licence;
• Operators or Fleet Operator drivers licenses.
Losing your licence can have serious financial implications and at Just Motor Law we understand the impact this can have on you and your business. We have a team of motor law specialists that can provide you with legal advice and assistance and we can represent you at all taxi drivers licensing appeals including:
• Appearances before the taxi licensing committee
• Appeals to the Magistrates' Court or Crown Court
Important Motor Law Pitfalls You Need to be Aware of as a Taxi Driver
1. Different legislation across the UK for taxi drivers
The legislation and regulations in the UK for Taxi vehicle owners varies between London, Plymouth and the remainder of England and Wales. The Law Commission conducted a review and it identified that ‘the current law is characterised by inconsistency and complexity’. For example, taxi vehicle owners in England and Wales have a right of appeal against a decision of the licensing authority directly to the Crown Court, whereas private hire vehicle owners can only make such an appeal to the Magistrates’ Court in the first instance.
At Just Motor Law, we guide and advise you on the relevant legislation specific to your region.
2. ‘Fit and proper person’ test for taxi drivers
Your taxi driver’s licence may be revoked if you have been convicted of an offence involving dishonesty, indecency, violence or “any other reasonable cause”.
A conviction for a serious offence is not in itself a bar for consideration for a licence. “Any other reasonable cause” is evidence on the basis of which the Council or Court conclude that you are not a ‘fit and proper person’ to hold a licence. The relevant legislation for Hackney Carriages is s59 and for PHV is s55 of the Local Government (Miscellaneous Provisions) Act 1976 (LGMPA).
There is no statutory definition of ‘fit and proper’ although the Council or Court may ask themselves “would I be happy for my family member to be a lone passenger with this particular driver?” Since April 2003, taxi drivers have been included in the exempted professions in the Rehabilitation of Offenders Act 1974. This means that in applying the “fit and proper person” test, all previous convictions including spent convictions will be considered.
3. Licence and insurance for those driving your vehicle
If you own either a Hackney Carriage or a Private Hire Vehicle then you should also consider the potential risks of loaning your vehicle to a friend or relative.
Further to s46 LGMPA, a person driving a Hackney Carriage or a Private Hire Vehicle must hold a licence relevant to the vehicle they are driving or they commit an offence and you could also be prosecuted for permitting that use of the vehicle.
Under S143 Road Traffic Act 1988, the driver must also have the appropriate insurance to drive that class of vehicle or again, as well as the driver themselves committing an offence, you could also be prosecuted for permitting uninsured use.
Professional advice for your legal journey ahead
We have extensive knowledge of the legislation and current practice when considering the ‘fit and proper’ test. We are here to assist you in retaining your taxi licence and your livelihood.
We can support you when appearing before the committee and if necessary appeal an adverse decision to the Magistrates' and Crown Court.
Remember that by seeking specialist taxi licensing advice from the outset, you can ensure that any complexities and potential implications are effectively managed. Having access to expert taxi licensing advice can bring peace of mind at a time when you face uncertainty and concerns over what may lie ahead.
To find out more about our services, contact a member of our Motor Law team today on 0151 608 9078 or complete our online enquiry form.
Simply complete the online enquiry form below and a member of our team will contact you.
Let Kirwans guide you on your legal journey.