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NR3: close, but no cigar? he launch of the national register of taxi and
Private Hire Licence Revocations and Refusals (NR3) is a good start but may need tweaking. Introduced without much fanfare, NR3 actually went live three years ago in July 2018. This August, Transport for London adopted the use of the database as part of its local authorities taxi and private hire driver licensing process. But what is NR3 and what does it do?
BACKGROUND
any subsequent licensing decisions to refuse an application or revoke a licence will be regularly added to the database. The circumstances leading to a licence refusal or revocation is not identified on the database. In such a situation a number of licensing authorities have stated that they will, as a matter of practice, contact the relevant licensing authority to establish the basis of the refusal or revocation. The relevance of the reason for the refusal or revocation will form part of the consideration as to whether an application is granted. Full disclosure is expected by all licence applicants, as failure to do so will be considered by the licensing authorities that the applicant is not a ‘fit and proper’ person to hold a licence. Licensing authorities have stated that they will notify licensees of use and interaction with the database.
In 2018 the Department for Transport’s Task and Finish Group on Dennot Nyack future taxi and private hire vehicle licensing, chaired by Professor Mohammed Abdel-Haq, published its report entitled ‘Taxi and The union view private hire vehicle Licensing: Steps towards a safer and more from our GMB robust system.’ representative The report requested, among other things, that the government DEALING WITH CONVICTIONS AND COMPLAINTS should: “Issue guidance, as a matter of urgency, that clearly TfL has, along with other authorities, stated that refusals and specifies convictions that it considers should be grounds for refusal or revocation revocations will be registered on the database. The primary reasons for refusals or of driver licences and the period for which these exclusions should apply. revocations are likely to be complaints or criminal history. These could be: Licensing authorities must align their existing policies to this ahead of inclusion u Any conviction for a major violent offence (murder, manslaughter, etc.) in national minimum standards.” u More than one conviction of any violent offence in the past 10 years Additional recommendations supported this demand. Recommendation 24 u Serving of a custodial sentence, even if the applicant has been released early called for, “as a matter of urgency”, the establishment of a mandatory national on licence or the sentence was suspended database of all licensed taxi and PHV drivers, vehicles and operators, to support u Convicted, cautioned or subjected to any other penalty for a serious sexual stronger enforcement. offence (rape, indecent assault, trafficking, possession of indecent images etc) Why was a Register needed? The need for passenger safety when using personal u Convicted, cautioned or subjected to any other penalty for more than one transport services is essential. The use of the database will further professionalise sexual offence of any type, irrespective of age the taxi and private hire industry. The adoption of the Register is an important u Listed on either the Children’s or Adults’ barred list step in overcoming the issue of individuals making applications to different u Convicted, cautioned or subjected to any other penalty for touting in the past licensing authorities following a refusal or revocation. Previously, some applicants 12 months or have more than one penalty for touting in the past five years. did not disclose a previous revocation or refusal of a licence, so there was often no TfL has stated that this list is not exhaustive and they may, on a case to case way for a licensing authority to find out this information. basis, refuse application on other grounds not listed above. This meant that vital intelligence about an applicant’s past behaviour was CONCERNS missed and an individual might be able to get a new licence in another area, As stated above I welcome the use of the Register by licensing authorities. despite having their licence taken away elsewhere. However, there are some concerns that arise over its use. Last year, the DfT published statutory standards for taxi and private hire Firstly, in coming to their decision to refuse or revoke a licence some licensing, which advised authorities to use the NR3 database to strengthen their authorities use information provided by operators without questioning its licensing processes. veracity. I personally know of drivers who have had complaints made against them HOW DOES THE REGISTER WORK? which were never properly investigated by the operator but placed on their file; Commissioned by the Local Government Association the National Anti-Fraud complaints which were stale; and complaints that were, if so serious as to merit Network (NAFN), a shared service hosted by Tameside council, developed the the drivers licence being revoked or refused, did not lead to them being suspended Register, which supports public authorities to tackle fraud and share intelligence. by the operator at the time. To access the Register, authorities are required to be members of NAFN and For the Register to be fair and to be seen to be fair the “upstream process” of around 90% of local authorities have already joined. Licensing authorities will be complaints has to be strengthened before its reliance by authorities. responsible for adding basic details of drivers who have had applications for a Secondly, while there is an appeal process against the refusal or revocation of a licence either refused, revoked or suspended. licence, based on information obtained via the Register, such an appeal is by way When a licensing authority receives an application for a licence, the applicant’s of an application to a magistrates court with a further appeal to a Crown Court. details will be checked on the Register to confirm that there is no record of them This is an expensive process that can place applicants, particularly private hire having being revoked or refused elsewhere. Details contained on the Register will drivers who are often financially challenged, at a disadvantage. be limited to information that will help to identify an individual to a certain degree This is not to take away from the benefit of NR3 but rather to strengthen it. So, of accuracy, but will not give a reason why actions were taken. I presume that the policy and the database will be subject to review from time to The Register went live in July 2018, and guidance has been developed that time. —Dennot Nyack sets out the steps authorities will need to take to use the Register in a way that complies with the data protection requirements, as well as with human rights law. n Dennot is a AGM trade union member and was a former representative of The database will allow licensing bodies record details of when a taxi or the GMB’s professional drivers. He is also an author and broadcaster with a private driver application has been refused or a licence revoked, wherever that strong knowledge of the private hire industry and an equality and diversity has occurred. NR3 will provide details of all taxi and private hire driver licence specialist. revocation and refusal decisions, effective from January 2018. As a consequence, email: dennotnyack@yahoo.com — mobile: +44 0740 625 276
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