Agenda item

To review an existing Private Hire Driver Licence.

The Senior Licensing and Compliance Officer gave a summary of their report which requested that Members review whether the Driver was still suitable to hold a Private Hire Driver’s Licence.

In response to member questions, officers confirmed that endorsements for exceeding the statutory speed limit on a public road (SP30) were active on a DVLA driving licence for three years, however, remained on a driving record for four years. When the Licensing Team previously identified the Driver as having accumulated nine points on their DVLA licence from three separate SP30 offences, he was required to undergo and pass the Council’s approved driving proficiency test. The Driver then committed a further SP30 offence after completing the test which meant that their DVLA licence now showed holding 12 points, but only nine were considered “active”, in line with the DVLA driving endorsement guidelines. On none of these occasions did the Driver notify the Licensing Team of the endorsements and they were instead picked up on routine driver licence checks.

The Driver addressed the Panel and said that first offence was his first SP30 in quite some time and had been during the Covid-19 pandemic. As a consequence of the pandemic, he was the only driver in his company and was doing a lot more professional driving as a result whilst his headspace was not in the right place. He explained that the two additional SP30 offences were committed in succession and he tried to toe the line as he was at risk of losing his licence.

After the pandemic, the driver said that he continued to do more professional driving due to a severe driver shortage and once again ended up in a position with nine points on his DVLA Driver’s Licence. He said that he could not excuse his actions but had since taken stock as it was sobering to think that he could lose his livelihood. He had implemented further measures to avoid speeding, including setting a speed limit in his vehicle and using an app which also alerts him to speed limits.

In response to member questions, the Driver confirmed the following:

·         The Driver had known that it was a requirement to self-report offences to the Council’s Licensing Team but didn’t think that it was something that the Council has followed up on before.

·         At the time of coming out of the pandemic, he had put steps in place to avoid committing any further SP30 offences but lapsed again the next year. He then introduced additional measures after his most recent offence.

·         He had undergone the National Speed Awareness Course many years ago because of the incidence outlined within the report.

·         He was unaware that he had a responsibility to report any of the offences to the Traffic Commissioner in regards to any of his other licences.

·         Taxi driving was his main source of income.

The Deputy Monitory Officer clarified that as of June 2023, the driver would only have three active points on his DVLA licence.

Meeting adjourned at 11:17 for the Panel to retire to make their decision.

The meeting was reconvened at 11:33

Following the decision, the driver was informed that he must return his badge and licence to the Licensing Team after the 21-day appeal window had elapsed. 

DECISION NOTICE

The matter before the Panel today is the review of a Private Hire Driver licence.

We have had the opportunity of reading the officer’s report in this case, a copy of which has been served on the driver, and we have also seen, as has he, the background documents annexed thereto. We have had the opportunity of hearing from the Case Officer and the driver and have considered the terms of the Council’s Licensing Policy.

This year automated DVLA licence checks were carried out against the Drvier’s licence, as part of standard procedure, and these revealed four separate offences of SP30 – Exceeding the statutory speed limit on a public road. Three offences had been identified on a previous DVLA licence check and were dealt with at the time. Section 2.23 of the Councils’ Driver Suitability Policy, requires licensed drivers who accumulate nine or more points on their DVLA licence to undergo and pass the Council’s approved driving proficiency test and the gave a six-week period for him to successfully complete the test. The Driver submitted the test and Licensing Officers were satisfied that no further action was necessary.

The endorsement of a further SP30 offence meant that the Driver’s DVLA licence now shows 12 points, however only 9 of those are considered ‘active’ in line with the DVLA driving endorsement guidelines. In practice, had there been a lesser gap of approximately six weeks between the first offence and the most recent, the Driver’s DVLA licence would have been subject to an automatic six-month disqualification, and in turn a revocation of his UDC Private Hire Driver licence. As the 12 points total to slightly over the three year period requirement, this did not happen.

We have heard from the Case Officer and the Driver, and we have listened carefully.

The primary function of this Committee is the protection of the public and if we are in any doubt as to whether an individual is a safe and suitable person to continue to hold a licence then our duty is clear – we should impose sanctions; whether it be to revoke the licence or suspend for a prescribed period. 

The individual is an experienced driver of more than 25 years, and currently holds various licence types including Category C to drive HGVs and Category D to operate buses. The Driver confirmed to the Panel that they were aware of the need to self-report driving offences to the Council and that it was a condition of his Uttlesford Private Hire Driver licence. The Panel were therefore extremely disappointed to learn that the Driver had failed to report any of the offences. They noted that this was not the Driver’s sole speeding offence, and that they had previously completed a Speed Awareness Course as well as the Councils’ approved Driving Proficiency Test due to previous offences. The Panel believed that the Driver’s apparent failure to learn from his previous mistakes did not positively represent the high standards expected of a professional licensed driver.

We therefore revoke the Driver’s Private Hire Drivers’ licence, as we no longer consider him to be a ‘fit and proper’ person to hold a Private Hire Driver licence with this Authority, and in the interests of public safety. The revocation will take effect from the 19th April 2023, following the conclusion of the statutory 21 day appeal period in which the Driver is entitled to make to the Magistrates Court. They will receive a letter from the Legal Department outlining his full legal rights. 

Meeting ended at 11:36