Statutory guidance

Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022

Updated 27 April 2023

Applies to England

This guidance is issued to licensing authorities in England under section 7 of the Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022 (the act).

Licensing authorities in England must have regard to it.

It intends to support taxi and private hire vehicle (PHV) licensing authorities in England in complying with the act. The guidance does not purport to give a definitive statement of the law and any decisions made by a licensing authority remain a matter for that authority.

The 2 main aspects of the act

1. If any licensing authority in England has information about a taxi or PHV driver licensed by another authority that is relevant to safeguarding or road safety concerns in its area, it must share that information with the authority that issued that driver’s licence.

Any licensing authority provided with such information by another authority must:

• consider whether to suspend or revoke the driver’s licence
• inform the authority that shared the information of its decision

2. Licensing authorities in England must input into a central database, instances where the authority has refused, suspended, chosen not to renew or revoked a taxi or PHV driver’s licence based wholly or in part on information relating to the driver concerning safeguarding or road safety.

Before a licensing authority in England decides whether to grant or renew a driver licence, it must search the database for any entry relating to the applicant.

If there is a relevant entry, the authority must contact the recording authority to request the relevant information. The decision-making licensing authority must then have regard to the information provided when making their decision.

The act gives the Secretary of State for Transport the power to provide or designate someone to provide the database. The designated database provider is the National Anti-Fraud Network. More information on how to access and use the database can be found by contacting the National Anti-Fraud Network.

This guidance supports compliance with both aspects of the act.

Reporting safeguarding or road safety concerns about drivers licensed by other licensing authorities

The act requires licensing authorities in England to report safeguarding and road safety concerns about drivers licensed by other authorities to the licensing authority that issued the driver’s licence.

This is because only the authority that issued a driver’s licence can suspend or revoke it.

Before the requirement to report concerns applies, the following must be true:

• the licensing authority is in England
• the taxi/PHV driver was granted a taxi or PHV (private hire car in Scotland) driver licence by a licensing authority in England, Wales or Scotland
• the licensing authority has become aware of information raising safeguarding or road safety concerns about a driver’s conduct when in its licensing area
• the driver’s conduct in its area is of such a type that the licensing authority would have considered suspending or revoking the driver’s licence based on the safeguarding or road safety concerns if it had granted the licence

Once the licensing authority becomes aware of the safeguarding or road safety concerns, it has 10 working days to provide the relevant information and any other information to identify the driver to the licensing authority that issued the driver’s licence.

When sharing information, the relevant licensing authorities should cooperate as fully as possible, subject to their obligations under data protection legislation.

What counts as safeguarding and road safety concerns

The act defines the information that would constitute a safeguarding and road safety concern at section 1 and states that this would include information indicating that the person:

• committed a sexual offence (regardless of whether the person was charged with, prosecuted for or convicted of the offence)
• harassed another person
• caused physical or psychological harm to another person
• committed an offence that involves a risk of causing physical or psychological harm to another person (regardless of whether the person was charged with, prosecuted for or convicted of the offence)
• committed an offence under section 165, 168 or 170 of the Equality Act 2010 (regardless of whether the person was charged with, prosecuted for or convicted of the offence)
• did anything that constitutes unlawful discrimination or victimisation against another person for the purposes of the Equality Act 2010
• threatened, abused or insulted another person
• poses a risk to road safety while driving
• may be unsuitable to hold a taxi or PHV driver’s licence for other reasons related to the safeguarding of passengers or road safety

Furthermore, attempting to or conspiring to commit the above offences also constitutes a valid safeguarding or road safety concern.

Further detail on what driver conduct constitutes a safeguarding or road safety concern can be found at section 1 of the act.

Considering safeguarding or road safety concerns report by another licensing authority

The act requires licensing authorities in England that receive a report of safeguarding or road safety concerns about a driver it has licensed to consider whether to suspend or revoke the driver’s licence.

The requirement applies when the concerns are reported by a licensing authority in England, Wales or Scotland.

The decision must be based on the information provided about the safeguarding or road safety concerns and any other information available to the licensing authority.

Within 20 working days of receiving the concerns, the licensing authority must inform, in writing, the licensing authority that reported the concerns whether it has suspended or revoked the driver’s licence (or intends to suspend or revoke the licence).

The licensing authority must also provide its reasons for the action it has taken or intends to take. Where a licensing authority decides not to revoke or suspend a licence, the reasons for this might also include any actions short of suspension or revocation that it will take.

Recording licensing decisions in the database

The act requires licensing authorities in England to record certain taxi and PHV driver licensing decisions relating to safeguarding or road safety concerns in the designated database.

The types of licensing decision which must be recorded include:

• refusing a taxi or PHV driver’s licence application
• refusing to renew a taxi or PHV driver’s licence application
• suspending a taxi or PHV driver’s licence
• revoking a taxi or PHV driver’s licence

The requirement to record these licensing decisions applies where the decision relied wholly or partly on safeguarding or road safety concerns.

Where the requirement does apply, the licensing authority must record the decision in the designated database within 5 working days of notifying the driver or applicant of its decision.

The record of the licensing authority’s decision must include:

• the driver/applicant’s full name
• the driver/applicant’s date of birth
• the driver/applicant’s home address
• the driver/applicant’s national insurance number
• the driver/applicant’s driving licence number, whether that person holds a GB, Northern Ireland or Community driving licence
• the name of the licensing authority recording the decision
• contact information for the licensing authority recording the decision to help searching licensing authorities get further information on the decision
• the date the decision was made and the date it takes effect (if different)
• the date any subsequent change to the decision was made and the date it takes effect (if different)
• the end date for the suspension of the driver’s licence, if relevant

A community driving licence is one issued by or for a European Economic Area (EEA) state which:

• has not been exchanged for a non-EEA driving licence
• is not an international driving permit
• is not a provisional driving licence

The full definition of Community licence can be found at Section 108 of the Road Traffic Act 1988.

Keeping database entries up to date

Licensing authorities in England are required to keep any decisions they record in the designated database up to date for 11 years beginning with the day on which the entry is first made.

This requirement applies where a subsequent change is made to the decision by the authority, on appeal against the authority’s decision, or following a subsequent appeal.

Licensing authorities must update entries on the database as soon as practicable after becoming aware of a change relating to their decision. Changes could include amending, removing, or reinstating an entry.

Licensing authorities must retain a record of any relevant information relating to decisions recorded on the designated database for 11 years from the date it is entered into the database.

Searching the database

The act requires licensing authorities in England to search the designated database for entries relating to all taxi and PHV driver’s licence applicants.

The licensing authority must search the designated database for relevant entries before making a decision on any application for, or for the renewal of, a taxi or PHV driver’s licence.

Where an entry relating to an applicant is found, the searching authority must submit a written request for the relevant information the recording authority relied on when making its decision.

The authority that receives this request must provide the relevant information within 20 working days from the day it receives the request.

If the authority changes the entry on the database after providing the relevant information to another licensing authority, it must inform that authority of the change and the reason for it.

When making its decision, the searching authority must have regard to the relevant information received from the authority which recorded the relevant decision, including information provided following a change to the entry.

Designated database

The act allows the Secretary of State for Transport to provide or designate someone to provide a database which licensing authorities in England must use for the purposes of the act.

The designated database provider will ensure that every licensing authority in the United Kingdom has access to the designated database to create, amend, remove and reinstate entries in it. The legal requirement to use the database only applies to taxi and PHV licensing authorities in England.

The designated database provider will also ensure that records older than 11 years are removed.

The designated database provider is the National Anti-Fraud Network and the designated database is the National Register for Revocations, Refusals and Suspensions (NR3S).

Taxi and PHV licensing authorities do not have to pay a fee to access the NR3S. However, the National Anti-Fraud Network offers other services local authorities may find useful which are only available to their members.

More information on how to access and use the NR3S can be found by contacting the National Anti-Fraud Network.