There is one test, that is make or break for a taxi driver, and that is the fit and proper test, if a person is considered fit and proper, by the licensing authority or the courts, they can be a taxi driver, if they are not considered fit and proper, they can't. The test is the same for both hackney carriage and private hire, there is no difference. 

When a licensing authority decides, either on application, or on review, whether or not to license or continue to license a HC/PH driver they must decide whether or not a person is fit and proper, and this is decided by way of one definition outlined in case law, and one question advised under UK Government Guidance. The former is a definition as outlined within Paragraph Seven of McCool V Rushcliffe Borough Council (1998) and is as follows:

'One must, it seems to me, approach this question bearing in mind the objectives of the licensing regime which is plainly intended to ensure, so far as possible, that those licensed to drive private hire vehicles are suitable persons to do so, namely that they are safe drivers, with good driving records and adequate experience, sober, mentally and physically fit, honest, and not persons who would take advantage of their employment to abuse or assault passengers.' 

The latter as outlined in the UK Government Guidance Statutory Taxi and Private Hire Vehicle Standards at Paragraph 5.4, is a question that licencing authorities must ask themselves when deciding on fit and proper status: 

'Without any prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night?' 

Licensing authorities approach the question, usually by way of enacting a policy, that gives guidance to officers and councillors, so they can refer to it when making the decision if a person is fit and proper to hold a licence, either on application, renewal or on review. This can lead to an inconsistent approach being taken throughout England and Wales, in one licencing authority area, a taxi driver may be considered as fit and proper, but in another area, on the same set of facts, they will not be considered as fit and proper. 

This has come to the forefront of the debate recently, as Transport For London have enacted a policy, which stipulates that when a taxi driver (hackney carriage/private hire) is convicted of, or accepts an offer in relation to, a motoring offence that is either considered serious, or carries a penalty of six points, for example using a mobile telephone whilst driving, they will have their license revoked or refused. There is currently considerable concern within the industry, that this is harsh and unfair, and that even if a driver has this on their record, they should still be considered as fit and proper. In many other licensing authorities, committing an offence that a driver receives six points for or is serious, will not result in revocation or refusal, it may result in only suspension or warning. 

It is important at this point to consider the two definitions above, and to understand that to some, having six points on a driving licence, is not considered to be a good driving record and therefore it would be reasonable to revoke or refuse, on that basis. However, there is also a view, that some licencing authorities are confusing the word good with perfect/exemplary, and therefore are, especially in Transport for London's case, requiring drivers to maintain a perfect/exemplary driving record, when such a requirement is unlawful, unfair and unreasonable. Furthermore, some people may be happy with their relatives or friends being transported at any time of day or night by a driver with six points for a mobile phone offence, others may not, and this is presenting a problem for licensing authorities and drivers. 

This is why there is a safeguard in place, that allows drivers to appeal the decision of the licensing authority, to the courts, firstly Magistrate's Court, then to further courts up the chain of authority, all the way to the Court of Appeal. On appeal, the court conducts a hearing de novo, which means that the court will look at the entire decision again, from scratch and then substitute its view for that of the licensing authority. If the court considers the driver fit and proper, they can then order the licencing authority to issue the licence or remove the revocation. The cost involved, in a driver going to appeal, are usually minimal, if they represent themselves, but if they seek legal advice and representation, the costs can increase. If the driver loses the appeal, they usually have to pay the costs of the authority, however again, these are usually small compared to normal cases. 

If the licence is revoked or refused, the driver will be notified by the licencing authority that they can appeal that decision to Magistrate's Court, that the appeal must be filed within 21 days of the date of the decision, and that if it isn't, the appeal may not be considered. Under certain circumstances, if drivers do appeal, whilst the appeals process is taking place with the court, they may be able to continue working as a taxi driver. This 'right to continue working' however does not apply, if the authority revoke or refuse to renew the licence with immediate effect on safety grounds, as this type of revocation and refusal is immediate. They will explain this in the letter, and the driver should always speak directly with them in any event, to clarify their position. 

One thing to note, that is of high importance, is that the fit and proper test is about the individual, and therefore all of their character, history, driving record and temperament must be taken into account, whilst one individual may be successful on appeal, another may not, and this may hinge on the most minor of matters. For example, one driver may have their licence revoked for having six points, if it was for a single offence of driving without due care and attention, whilst another driver may not be revoked if they have nine points for three minor offences such as speeding. It is essential that before a driver accepts any points or courses, for any offence, they understand the consequences of doing so, as it is usually the offence itself that holds most weight in determining a fit and proper status, not the amount of points received or courses attended. 

It is also essential to be aware, that just because a person holds a driving licence issued by the DVLA, doesn't mean they are automatically fit and proper to hold a taxi licence, this is because they are transporting people they do not know, and have in most cases never met before, and licensing authorities have a duty to make sure they only license drivers in accordance with the fit and proper test. 

All the information provided above is guidance only, and The TBI Desk LTD takes no liability for actions taken by individuals who view it - 3rd February 2024.