Safeguarding Passengers: Understanding the 2022 Taxi Act

In an era where public trust and safety are paramount, the taxi and private hire vehicle (PHV) industry plays a vital role in the daily lives of millions across the UK. Ensuring that every journey is not only convenient but also secure has always been a top priority. Recognising this, the UK government introduced landmark legislation designed to bolster passenger protection and enhance road safety standards: the Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022. This Act, and particularly its Section 7, marks a significant step forward in creating a more robust regulatory framework for England's taxi and PHV drivers, ensuring greater accountability and peace of mind for passengers.

Section 7 of this pivotal Act serves as the backbone for new guidance issued to all licensing authorities in England. It mandates a 'have regard to' principle, meaning these authorities must seriously consider and apply the guidance in their decision-making processes. While the guidance itself doesn't offer a definitive statement of law (decisions remain with individual authorities), it provides essential support for compliance with the Act's core objectives. Its primary aim is to foster a more integrated and transparent system for managing driver conduct, especially concerning safeguarding and road safety.

The Core Principles: Two Pillars of the Act

The Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022 is built upon two fundamental aspects, both of which are critical for enhancing public protection and driver integrity:

1. Mandatory Information Sharing: If any licensing authority in England becomes aware of information regarding a taxi or PHV driver – who is licensed by another authority – that raises safeguarding or road safety concerns, it is now legally obliged to share that information with the licensing authority that issued the driver’s licence. This is a crucial shift, recognising that a driver's conduct in one area can have implications across the entire licensing landscape. Upon receiving such information, the issuing authority has a clear duty to:
   • Carefully consider whether to suspend or revoke the driver’s licence based on the reported concerns.
   • Inform the authority that shared the information of its final decision, ensuring a closed loop of communication and accountability.
2. Establishment of a Central Database: To further centralise and streamline the management of driver conduct, the Act mandates that licensing authorities in England must input specific decisions into a designated central database. This includes instances where an authority has refused, suspended, chosen not to renew, or revoked a taxi or PHV driver’s licence, particularly when these decisions are based, wholly or in part, on information relating to safeguarding or road safety. This proactive measure ensures that critical information is accessible across the board.
   Furthermore, before any licensing authority in England decides to grant or renew a driver licence, it is now a mandatory requirement for them to search this database for any relevant entries pertaining to the applicant. If a relevant entry is found, the authority must contact the recording authority to obtain the full details. The decision-making licensing authority must then meticulously consider this information when making their final determination about the licence application. This system prevents problematic drivers from simply moving to another area to obtain a new licence.

The Secretary of State for Transport holds the power to provide or designate a provider for this database. Currently, the designated database provider is the National Anti-Fraud Network (NAFN), which operates the National Register for Revocations, Refusals and Suspensions (NR3S). This guidance serves to support all licensing authorities in their vital compliance with both of these core aspects of the Act.

Reporting Concerns: When and How to Act

One of the most significant changes introduced by the Act is the mandatory requirement for licensing authorities in England to report safeguarding and road safety concerns about drivers licensed by other authorities. The rationale behind this is clear: only the authority that issued a driver’s licence possesses the legal power to suspend or revoke it. Therefore, effective communication between authorities is paramount to ensuring swift and appropriate action against drivers who pose a risk.

Before this reporting requirement comes into play, several conditions must be met:

• The licensing authority identifying the concern must be located in England.
• The taxi or PHV driver in question must have been granted their licence by a licensing authority situated in England, Wales, or Scotland. This broadens the scope of inter-authority cooperation across the UK.
• The licensing authority must have become aware of information that genuinely raises safeguarding or road safety concerns about the driver's conduct specifically when operating within its own licensing area.
• Crucially, the driver's conduct in that area must be of such a severe nature that the licensing authority would have considered suspending or revoking the driver’s licence if it had been the original issuing authority. This ensures only serious concerns are escalated.

Once these conditions are met, the licensing authority has a strict timeframe to act. It has 10 working days from the moment it becomes aware of the safeguarding or road safety concerns to provide all relevant information, along with any other details necessary to identify the driver, to the licensing authority that issued the driver’s licence. During this information-sharing process, it is expected that the relevant licensing authorities will cooperate as fully as possible, always adhering to their obligations under existing data protection legislation.

Defining Safeguarding and Road Safety Concerns

To ensure clarity and consistency across all licensing authorities, the Act provides a comprehensive definition of what constitutes a safeguarding and road safety concern under Section 1. This includes, but is not limited to, information indicating that a person:

• Has committed a sexual offence, irrespective of whether they were charged with, prosecuted for, or convicted of the offence. This highlights the proactive nature of the Act, focusing on risk rather than solely on legal outcomes.
• Has harassed another person.
• Has caused physical or psychological harm to another person.
• Has committed an offence that involves a risk of causing physical or psychological harm to another person, again, regardless of formal charges or convictions.
• Has committed an offence under sections 165, 168, or 170 of the Equality Act 2010.
• Has engaged in any conduct that constitutes unlawful discrimination or victimisation against another person for the purposes of the Equality Act 2010.
• Has threatened, abused, or insulted another person.
• Poses a significant risk to road safety while driving.
• May be unsuitable to hold a taxi or PHV driver’s licence for other reasons directly related to the safeguarding of passengers or general road safety.

Furthermore, any attempt to commit or conspiracy to commit any of the aforementioned offences also falls under the umbrella of a valid safeguarding or road safety concern. This broad definition ensures that authorities have the scope to address a wide range of behaviours that could compromise public safety.

Responding to Reported Concerns: The Licensing Authority's Duty

When a licensing authority in England receives a report of safeguarding or road safety concerns about a driver it has licensed, it is legally obligated to consider whether to suspend or revoke that driver’s licence. This requirement applies whether the concerns are reported by a licensing authority in England, Wales, or Scotland, underscoring the collaborative nature of the new regulatory framework.

The decision-making process must be thorough and based not only on the information provided in the report but also on any other relevant information available to the licensing authority. This holistic approach ensures that all pertinent facts are considered before a potentially life-altering decision for the driver is made.

Within 20 working days of receiving the concerns, the licensing authority must formally inform, in writing, the licensing authority that originally reported the concerns of its decision. This communication must clearly state whether it has suspended or revoked the driver’s licence, or if it intends to do so. Crucially, the licensing authority must also provide its reasons for the action taken or intended. If a decision is made not to revoke or suspend the licence, the reasons for this, including any alternative actions taken (actions short of suspension or revocation), must also be clearly articulated. This transparency is key to building trust between authorities and ensuring consistent application of the rules.

The National Register for Revocations, Refusals and Suspensions (NR3S): A Central Hub for Safety

The Act places a clear requirement on licensing authorities in England to record specific taxi and PHV driver licensing decisions related to safeguarding or road safety concerns in the designated central database, the NR3S. This database is a cornerstone of the new system, providing a real-time, accessible record of significant driver conduct issues.

The types of licensing decisions that must be recorded include:

• Refusing a taxi or PHV driver’s licence application.
• Refusing to renew a taxi or PHV driver’s licence.
• Suspending a taxi or PHV driver’s licence.
• Revoking a taxi or PHV driver’s licence.

This requirement applies specifically when the decision was made, either wholly or partly, due to safeguarding or road safety concerns. The recording authority must input the decision into the database within 5 working days of notifying the driver or applicant of its decision. This prompt action ensures the database remains as current and effective as possible.

Each record in the NR3S must contain comprehensive identifying information to ensure accuracy and facilitate future searches. This includes:

A ‘Community driving licence’ refers to one issued by or for a European Economic Area (EEA) state, provided it has not been exchanged for a non-EEA licence, is not an international driving permit, and is not a provisional driving licence. For the full legal definition, Section 108 of the Road Traffic Act 1988 can be consulted.

Licensing authorities in England are also required to keep any decisions they record in the designated database up to date for a period of 11 years from the day the entry is first made. This includes updating entries when a subsequent change is made by the authority, following an appeal against the authority’s decision, or after a subsequent appeal process. Updates must be made as soon as practicable after the authority becomes aware of a change, which could involve amending, removing, or reinstating an entry. Furthermore, licensing authorities must retain a physical or digital record of any relevant information relating to decisions recorded on the designated database for the entire 11-year period.

Searching the Database: Proactive Vetting

The Act mandates that licensing authorities in England must actively search the designated database for entries relating to all taxi and PHV driver’s licence applicants. This is a crucial proactive measure to ensure that individuals with a history of safeguarding or road safety concerns are identified before they are granted a licence or have an existing one renewed. The search must be conducted before a decision is made on any application for, or for the renewal of, a taxi or PHV driver’s licence.

If an entry relating to an applicant is found, the searching authority is then required to submit a written request to the recording authority for the relevant information upon which the original decision was based. This ensures that the context and details of the concern are fully understood. The authority that receives this request is obligated to provide the relevant information within 20 working days from the day it receives the request. This timeframe promotes efficient information exchange, crucial for timely licensing decisions.

Should the recording authority subsequently change an entry on the database after providing information to another licensing authority, it must also inform that authority of the change and the reasons behind it. This ensures that the searching authority always has the most current and accurate information at its disposal. When making its final decision, the searching authority must, as per the Act, have regard to all relevant information received from the recording authority, including any updates. This 'have regard to' principle means the information must be given serious consideration and weighed appropriately in the decision-making process, ensuring robust vetting and ultimately, enhanced public safeguarding.

The Designated Database Provider: The National Anti-Fraud Network (NAFN)

As previously mentioned, the Act grants the Secretary of State for Transport the authority to provide or designate an entity to provide the central database. The National Anti-Fraud Network (NAFN) has been designated for this crucial role, operating the National Register for Revocations, Refusals and Suspensions (NR3S). This designation ensures a consistent and reliable platform for all involved parties.

NAFN is tasked with ensuring that every licensing authority across the United Kingdom has the necessary access to the designated database. This access allows them to create, amend, remove, and reinstate entries. It is important to note, however, that while all UK authorities have access, the legal requirement to *use* the database for recording and searching decisions specifically applies only to taxi and PHV licensing authorities in England. NAFN also oversees the automated removal of records that are older than the mandated 11-year retention period, ensuring data accuracy and compliance with retention policies.

A significant benefit for licensing authorities is that there is no fee to access the NR3S itself. While NAFN does offer other services that local authorities might find beneficial, these additional services are typically available only to their members. The core function of the NR3S, critical for the Act's implementation, remains freely accessible to all relevant English licensing authorities, promoting universal adoption and effectiveness.

Frequently Asked Questions (FAQs)

Q1: Does the Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022 apply to all of the UK?

A1: The guidance for Section 7 is issued specifically to licensing authorities in England, and the legal requirement to use the central database (NR3S) for recording and searching applies to licensing authorities in England. However, the Act facilitates information sharing about drivers licensed in England, Wales, or Scotland, meaning concerns about drivers licensed in other UK nations can be reported to their respective issuing authorities.

Q2: What if a driver is licensed in Wales or Scotland but commits an offence in England?

A2: If a licensing authority in England becomes aware of safeguarding or road safety concerns about a driver licensed in Wales or Scotland, and the conduct occurred within the English authority's area, that English authority is legally obliged to report the concerns to the driver's issuing authority in Wales or Scotland. The Welsh or Scottish authority must then consider whether to suspend or revoke the licence and inform the English authority of their decision.

Q3: How quickly must information be shared or decisions recorded?

A3: There are strict timelines: Licensing authorities have 10 working days to report safeguarding or road safety concerns to the issuing authority. The issuing authority then has 20 working days to inform the reporting authority of their decision regarding suspension or revocation. When a decision is made to refuse, suspend, not renew, or revoke a licence based on safeguarding/road safety, it must be recorded in the NR3S within 5 working days of notifying the driver/applicant.

Q4: How long is driver information kept on the NR3S database?

A4: Entries relating to licensing decisions (refusals, suspensions, non-renewals, revocations) are kept on the NR3S database for a period of 11 years from the date they are first entered. Licensing authorities are also required to retain their own records of the relevant information for this same period.

Q5: Is there a cost for licensing authorities to access the NR3S?

A5: No, taxi and PHV licensing authorities in England do not have to pay a fee to access or use the National Register for Revocations, Refusals and Suspensions (NR3S) for the purposes of the Act. The designated provider, the National Anti-Fraud Network (NAFN), ensures this essential service is freely available for compliance with the Act.

Conclusion

The Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022, particularly through the mechanisms established by Section 7, represents a monumental stride towards enhancing passenger safeguarding and road safety within the taxi and PHV industry. By mandating robust information sharing, establishing a comprehensive central database (NR3S), and enforcing strict timelines for action, the Act ensures greater accountability for drivers and empowers licensing authorities to make more informed decisions. This collaborative and transparent approach is designed to foster a safer environment for everyone using these vital transport services, ultimately strengthening public trust and ensuring that only suitable individuals are behind the wheel.

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