Taxi Licence Legislation

The Government has made legislation that the remainder of the Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022 is now in force.

This means that it is now mandatory for all licensing authorities in England to use the National Register for Revocations, Refusals and Suspensions (NR3S). Licensing authorities in England must:

• Record refusals, suspensions and revocations of taxi and private hire vehicle driver licences relating to safeguarding or road safety reasons.
• Search the NR3S database for every application for a new or renewed taxi and private hire vehicle driving licence and have regard to any information found.

This is in addition to the requirements that came into effect in May 2022 which require licensing authorities in England to:

• Report serious safeguarding and road safety concerns about licensed drivers operating in their area but licensed by another authority to the relevant licensing authority.
• Consider suspending or revoking a driver’s licence if another GB licensing authority reports a serious safeguarding or road safety concern and inform the reporting authority of its decision.

The full announcement is available on GOV.UK and statutory guidance to assist licensing authorities in complying with the new law is also available on GOV.UK.

The Equality Act 2010 places licensed drivers under a legal duty to transport wheelchair users and assistance dogs as required. Further details are outlined below.

Accessibility for wheelchair users in licensed vehicles

Legislation aims to prevent discrimination against wheelchair users by hackney carriage and  private hire drivers.

Drivers of hackney carriages and private hire vehicles designated by the licensing authority as being wheelchair accessible must comply with the Equality Act 2010, unless they have been issued with an exemption certificate (see below).

The duties under section 165 are:

• to carry the passenger while in the wheelchair
• not to make any additional charge for doing so
• if the passenger chooses to sit in a passenger seat to carry the wheelchair
• to take such steps as necessary to ensure that the passenger is carried in safety and reasonable comfort
• to give the passenger such mobility assistance as is reasonably required.

Mobility assistance is defined as:

• to enable the passenger to get into or out of the vehicle
• if the passenger wishes to remain in the wheelchair, to enable the passenger to get into and out of the vehicle while in the wheelchair
• to load the passenger’s luggage into or out of the vehicle
• if the passenger does not wish to remain in the wheelchair, to load the wheelchair into or out of the vehicle.

It is an offence for a driver of a wheelchair accessible vehicle not to comply with the above duties. Any failure to comply with these duties will be treated very seriously and may result in prosecution and/or referral to the Drivers' Licensing Panel for consideration of their private hire driver’s licence.

Section 166 of the Equality Act 2010 allows the Licensing Authority to exempt drivers from the duties to assist passengers in wheelchairs if they are satisfied that it is appropriate to do so on medical grounds or because the driver's physical condition makes it impossible or unreasonably difficult for him or her to comply with the duties.

Any driver of a hackney carriage or private hire vehicle on the designated list may submit a request for an exemption from the section 165 duties by completing an application form and undertaking a medical examination. Medical evidence from the driver's own doctor will be required in support of the application. If the driver obtains an exemption from these requirements then a 'Notice of Exemption' must be displayed on the front windscreen.

Taxis are those available for immediate hire from ranks within the Erewash District. Any private hire vehicles can be pre-booked via the operator (Subject to availability). It may be advisable to contact the operator before booking to see whether a vehicle satisfies your requirements if you think your wheelchair may exceed the average dimensions of a 'reference' wheelchair'.

The regulations regarding the carrying of assistance dogs

The Act requires drivers to carry guide dogs (and other assistance dogs) at no extra cost. Furthermore, the driver or operator must not treat the assistance dog owner less favourably because of their impairment.

A driver can apply to be exempt from this requirement, but only if they have a genuine medical condition and this is supported by sufficient evidence. Under such circumstances the council may exempt the driver from the requirement to carry assistance dogs. If an exemption has been issued to the driver then a Notice of Exemption must be prominently displayed on the front windscreen.

A guide to assistance Dogs in the UK can be seen on Transport for London's website.

If you are a member of the public wishing to make a complaint under the Equality Act 2010 please contact the licensing authority using the number at the bottom of the page.

This amends the Equality Act 2010 to ensure that disabled people can use taxi and PHV services with confidence that they will not be discriminated against.

All licensing authorities must maintain and publish a list of licenced taxis and PHVs they designate as being wheelchair accessible.  

Drivers of designated wheelchair accessible vehicles must accept the carriage of wheelchair users, provide them with reasonable mobility assistance, and refrain from charging them more than other passengers.  

All taxi and PHV drivers are required to:

• Accept the carriage of any disabled person, provide them with reasonable mobility assistance, and carry their mobility aids, all without charging any more than they would for a non-disabled passenger
• Provide any disabled passenger who requests it with assistance to identify the vehicle, at no extra charge.

PHV operators are required to:

• Accept bookings for or on behalf of any disabled person, if they have a suitable vehicle available.

People in the taxi and private hire industries must complete a HMRC tax check.  The check should take a few minutes every few years and is simply to confirm that someone is appropriately registered for tax.

You’ll need to complete a HMRC tax check when you renew your licence as a:

• driver of a taxi (hackney carriage)
• driver of a private hire vehicle (and dual licences)
• private hire vehicle operator
• scrap metal dealer

Please refer to the Tax Check Factsheet so you understand what is required as this will apply to all renewals and new applicants.  

Tax check factsheet - GOV.UK

The Government department DEFRA (Department for Environment, Food & Rural Affairs) want to identify taxis and private hire vehicles entering or moving within any Clean Air Zones throughout the country. A Clean Air Zone is an area where a local authority has taken targeted action to improve air quality. In some cases vehicles will be charged to enter or move around in the Clear Air Zone if their vehicle fails to meet the required emission standards.  

To enable this all local authorities in England and Wales must share certain details on their licensed taxis and private hire vehicles to a central database, this will include;

• The vehicle registration mark
• The date from which the licence has effect
• The date on which the licence has effect
• The date on which the licence is due to expire
• A statement as to whether the vehicle is a taxi or a private hire vehicle
• Such other relevant information the licensing authority hold in relation to the vehicle
• Whether the vehicle is a wheelchair accessible vehicle.

The Immigration Act 2016 was introduced as law on 1 December 2016 and this has meant that we have had to make some changes to how we process new and renewal applications for all taxi drivers.

All councils must now make sure that licences are not issued to people who do not have a right to a licence. This includes those illegally present in the UK, those not permitted to work in the UK, or those permitted to work in the UK but who are subject to a condition that stops them from holding a hackney carriage/private hire licence driver's licence.

The checks that we now have to complete are for people of all nationalities, including UK citizens and must be completed by everyone who wants to apply for a hackney carriage/private hire driver's licence or a private hire operator's licence.

Please see the documents on Gov.uk that will be required, Original documents only will be accepted. We cannot accept photocopies.

Right to work checklist - GOV.UK