In some cities it takes just 4 minutes to become an Uber driver. In London, you can be up and running as an Uber driver in as little as four weeks.
Yet Taxi drivers who have been working as licensed Hackney carriage drivers, many for over twenty/thirty years are waiting 4-6 months, just to get their licenses renewed.
Many drivers have lost work, some up to 2-3 months after being told by TfLTPH that they can’t work until they are in possession of their new licence!
This is (of course) not true!
The fact is that under the Transport Act 1985 section 17 subsection 7, your current licence continues to be valid until you receive your new licence.
Back in May 2014, I sent this email to Sir Peter Hendy who was then commissioner of TfL, the position of held by Mike Brown.
Licence Renewals:
Under current legislation, a Taxi or private hire driver has the right to carry on working while waiting for a renewal for as long as it takes, unless he is informed that his licence application has been unsuccessful.
I would like to bring your attention to the transport act 1985 section 17 subsection 7 which clearly states:
(7) Where a person holds a licence which is in force when he applies for a new licence in substitution for it, the existing licence shall continue in force until the application for the new licence, or any appeal under this section in relation to that application, is disposed of, but without prejudice to the exercise in the meantime of any power of the licensing authority to revoke the existing licence.
See
Therefore, in our legal teams opinion there is no need for TfL to issue temporary licences and the driver should carry on working as his old licence will remain in force until he either receives a newly issued licence or receives word his application is turned down.
As hundreds of drivers have lost many days-weeks-months income, after being of the opinion they can't work, could you please make an immediate statement informing these drivers that under the act of 1985, they can in fact carry on regardless.
One word from you Sir Peter would mean they could carry on earning a living and would put an end to the massive amount of stress TfL have inflicted on these drivers and their families.
Space will be mad available for your answer on the Taxi Leaks blog.
Regards
Jim Thomas
This is the reply we received from Leon Daniels, on behalf of Sir Peter Hendy:
Dear Mr Thomas,
I refer to your email to Sir Peter Hendy regarding the provisions of section 17(7) of the Transport Act 1985 in relation to taxi drivers renewing their licences. Please accept my apologies for the delay in providing a reply.
As far as is possible we will issue a driver his or her new licence in advance of their old licence expiring.
However, this is dependent on the driver submitting a complete and timely application, which includes the result of the DBS check and any other information that is required, as we cannot make a licensing decision until this information is received.
It is therefore imperative that drivers start the application process in good time to allow for all necessary checks to be completed before their licence expires.
Where we are provided with a complete application, including the results of the DBS check and any other necessary information, but have not yet made a licensing decision before the old one expires, the existing licence will remain in force until a decision is made in accordance with section 17(7).
In these circumstances, a driver will not be issued with, nor require, a temporary licence pending a decision being made on their application.
Please note that contrary to the comment in your email, section 17 of the Transport Act 1985 only applies to London taxi driver and vehicle licences, not London private hire vehicle driver licences. (Well, we can live with this bit)
Kind regards
Leon Daniels | Managing Director
Transport for London | Surface Transport | Palestra |
11th Floor - Zone R4| 197 Blackfriars Road|Southwark|SE1 8NJ
TAXI LEAKS EXTRA BIT :
Mohiussunnath Chowdhury attacked three police officers with a samurai sword while shouting 'Allahu akbar'.
And in December 2015 a Uber driver, Muhiddin Mire, tried to behead a stranger in a London Tube station, yelling: 'This is for my Syrian brothers.
Watch the Fifth State Video below :
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