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A decision made 1 October 2010 regarding: Public service vehicle licences and badges - review of policy following disqualification of a public service vehicle driver.

Decision Reference: MD-T-2010-0094
Decision Summary Title :	Review of Policy on Issuing Public Service Vehicle Licences and Badges Following a Driving Disqualification of a Public Service Vehicle Driver		Date of Decision Summary:	15 September 2010
Decision Summary Author:	Head of DVS & Inspector of Motor Traffic		Decision Summary: Public or Exempt? (State clauses from Code of Practice booklet)	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Review of Policy on Issuing Public Service Vehicle Licences and Badges Following a Driving Disqualification of a Public Service Vehicle Driver		Date of Written Report:	15 September 2010
Written Report Author:	Senior Traffic Officer		Written Report : Public or Exempt? (State clauses from Code of Practice booklet)	Public
Subject: Review of Policy on Issuing Public Service Vehicle Licences and Badges Following a Driving Disqualification of a Public Service Vehicle Driver
Decision(s): The Assistant Minister under his delegated authority agreed to adopt a formal policy for issuing Public Service Vehicle licences and badges following driving disqualifications for Public Service Vehicle drivers.
Reason(s) for Decision: To formalise the process on issuing licences and badges to Public Service Vehicle drivers following any driving disqualification.
Resource Implications: None
Action required: Head of Driver and Vehicle Standards to implement the policy.
Signature:		Position:
Date Signed:		Date of Decision (If different from Date Signed):

Public service vehicle licences and badges - review of policy following disqualification of a public service vehicle driver

TRANSPORT AND TECHNICAL SERVICES DEPARTMENT

REVIEW OF POLICY ON ISSUING PUBLIC SERVICE VEHICLE LICENCES AND

BADGES FOLLOWING A DRIVING DISQUALIFICATION OF A PUBLIC SERVICE

VEHICLE DRIVER

Purpose Of The Report

To obtain the agreement of the Minister for Transport and Technical Services to a policy for issuing a Public Service Vehicle licence and driver’s badge to a Public Service Vehicle badge holder following the end of his/her domestic driving ban.

Background

On 15 July 2010 a Public Service Vehicle licence holder (Driver A) was found guilty in the Magistrate’s Court of driving without due care and attention and fined £650, disqualified from driving for two months and ordered to retake a driving test. As such it was considered that the person was no longer able to provide an efficient taxicab service nor continue to hold a Public Service Vehicle badge or licence. Subsequently, in accordance with delegated authorities, Driver A’s Public Service Vehicle licence and driver’s badge were suspended.

Discussion

Article 10(1) of the Motor Traffic (Jersey) Law 1935 (MTL), as amended, allows the Minister to revoke or suspend a PSV licence when a person is considered no longer “fit and proper” to operate the public service. Similarly, Article 30(1) of the MTL allows the Minister to suspend or revoke the authority a badge gives a person to drive a Public Service Vehicle.

In previous instances where a Public Service Vehicle driver has been disqualified by the court from driving the driver has, on completion of the disqualification, successfully applied to have his/her licence and badge returned, depending on the seriousness of the offence and providing the offence did not occur whilst they were carrying out the duties of a Public Service Vehicle driver.

Two such instances are recorded.

Driver 1 was found guilty of driving under the influence of alcohol. At the time of the offence he was not working as a taxi driver. The driver’s PSV licence and badge were suspended. Following the return of his domestic driving licence he was granted a badge and licence.

Driver 2 was found guilty of driving under the influence of alcohol. At the time of the offence he was actively working as a taxi driver. The driver’s PSV licence was revoked and his PSV badge suspended. Following the return of his domestic driving licence Driver 2 applied for the return of his Public Service Vehicle licence and badge. The then Inspector of Motor Traffic granted the driver a badge but refused to grant a Public Service Vehicle licence. Driver 2 appealed to the Home Affairs Committee against the decision of the Inspector of Motor Traffic not to grant a controlled taxicab licence/plate. The Committee supported the Inspector and refused to grant the driver a PSV taxicab licence. The Committee agreed that a clear policy should be developed for use in the future should similar cases arise. It would seem this was not done at the time.

Driver A is the first Public Service Vehicle licence holder to be disqualified from driving by the courts since that Home Affairs Committee decision of 24 November 2005.

Considerations

To be a holder of both a Public Service Vehicle driver’s badge and a Public Service Vehicle licence a person has to be “fit and proper”. A person requires a badge to drive a taxi. He/she does not need to be the holder of the licence; he/she can be employed by a licence holder.

It is possible, as in the case of Driver 2, for a badge to be returned following the end of a driving disqualification but not a Public Service Vehicle licence permitting the operation of a taxicab service. It could be considered ambiguous that a person is judged to be fit and proper to be the holder of a badge but not fit and proper to be the holder of a Public Service Vehicle licence.

The relevant legislation appears to provide guidance that clarifies matters.

Article 29(2) of the MTL provides that the Inspector shall not issue a badge to drive a Public Service Vehicle unless satisfied that the applicant –

“(a) has attained the age of 21 years;

(b) is fit (both as to health and as to character) to drive Public Service Vehicle s of the specified type;

(d) has an adequate knowledge of Jersey.”

Article 30(1) of the MTL provides that the Minister can revoke or suspend “the authority the badge gives the person to drive a Public Service Vehicle if the Minister is satisfied that, by reason of the person’s conduct, or a physical or mental disability, the person is, either permanently or for the time being, not a fit person to drive a Public Service Vehicle ”.

Article 9(1), (2) and (3) of the MTL provide that the Minister shall grant a PSV licence if satisfied –

“ (a) that the applicant is the owner of the vehicle;

(b) that the applicant is a fit and proper person to operate the public service to be provided by the vehicle;

(d ) that the grant of the licence would not be contrary to paragraph (6).

(2) The Minister may grant a Public Service Vehicle licence unconditionally or subject to conditions, which shall be set out in the licence.

(3) The conditions shall be such, as in the Minister’s opinion, are necessary or desirable to ensure the proper operation of the vehicle and the public service to be provided by the vehicle.”

Article 10(1) of the MTL provides that the Minister may revoke or suspend a PSV licence, “if it appears to the Minister –

(a) that its holder is no longer a fit and proper person to operate the public service provided by the vehicle having regard to the holder’s conduct, whether in respect of the provision of that public service or otherwise, the manner in which the vehicle has been used or operated or the manner in which the public service has been provided (or has failed to be provided); or

(b) that the vehicle to which the licence relates has been used or operated in contravention of a condition set out in the licence.”

The conduct of the person is important in both, however, a badge should not be issued unless criteria are met. Prior to a badge being awarded, a satisfactory police check is carried out, the applicant is interviewed, passes a knowledge test and passes a driving test. If a badge holder is the subject of a driving disqualification, he/she can continue to meet the criteria for issuing a badge. If, however, there is a second disqualification or the offence carries a significant disqualification period, it is unlikely the person would have been issued a badge based on the police check.

The Minister is expected to grant a PSV licence, subject to conditions, as long as the applicant satisfies certain criteria. The process to offer a plate involves the applicant building up a reliable reputation for providing a satisfactory level of service over a number of years such that he/she can be relied upon by the Minister to meet the conditions of licence, provide a satisfactory taxicab service as an owner/driver and assist the Minister in ensuring an adequate cab service. If the licence holder is the subject of a driving disqualification while operating the taxicab service, it is appropriate that an assessment is made on whether the licence holder compromised his/her reputation and can continue to be considered reliable and trusted to provide a satisfactory cab service once the disqualification is finished. The assessment should take into account the seriousness of the offence, whether passengers were being carried whose safety was compromised, whether any conditions of licence were breached and the manner in which the vehicle was being used and the service provided.

The proposed policy is set out in the table below.

	Disqualification period	Initial decision	Decision on application
Badge	Up to 3 years	Suspend	Issue badge
Badge	3 years or more or second disqualification	Revoke	Follow standard procedure for first application.
Licence	Less than one year	Suspend	Subject to assessment
Licence	One year or more or second disqualification	Revoke	Refuse licence

There is provision in the MTL for the applicant to appeal to the Royal Court against the Minister’s decision.

Recommendation

Public Service Vehicle licence holders and/or badge holders disqualified from driving should apply for the issue of a PSV badge and the grant of a PSV licence on return of their domestic driving licence. The decision to issue a badge and a licence should be made on the basis of the table above.

Drivers given a long disqualification period or who have been given a second disqualification should not be issued with a badge until they can satisfy the Minister that they are unlikely to re-offend. This should be a period of at least three years, when their domestic driving licence is endorsement free. If a badge is issued, they can apply to have their name added to the taxicab plate waiting list.

Those drivers who are given a disqualification of less than one year and apply for the grant of a licence, will be subject to an assessment that takes into account whether the offence took place while operating the taxicab licence, the seriousness of the offence, whether passengers’ safety was compromised, any conditions of licence were breached and the manner in which the vehicle was being used and the service provided.

If the policy is adopted Driver A, on completion of the driving disqualification, the suspension would be lifted on the driver’s badge. An assessment, including an interview, will be carried out to determine whether a Public Service Vehicle licence will be granted.

Written by: Senior Traffic Officer

Approved by: Acting Director of Transport