Taxi-Cab Drivers: Criminal Record Checks Enhanced

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A decision made 15 July 2016:

Decision Reference: MD-T-2016-0066
Decision Summary Title :	Taxi-Cab Drivers Enhanced Criminal Record Checks		Date of Decision Summary:	12 July 2016
Decision Summary Author:	Senior Traffic Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Taxi-Cab Drivers Enhanced Criminal Record Checks		Date of Written Report:	12 July 2016
Written Report Author:	Senior Traffic Officer		Written Report : Public or Exempt?	Public
Subject: To seek the Minister for Infrastructure’s support to ensure that all public service vehicle (PSV) taxi-cab drivers are able to demonstrate to the Inspector of Motor Traffic that they have completed an enhanced disclosure and barring service (DBS) check within the last three years, in accordance with his powers under Article 9(2) of the Road Traffic (Jersey) Law 1935 for such a condition.
Decision(s): The Minister agreed that all PSV taxi-cab drivers must have undertaken an enhanced disclosure and barring service (DBS) check within the last three years, from 01 October 2016 and every three years thereafter.
Reason(s) for Decision: To ensure that safety of the public using taxi-cabs across the taxi-cab industry is maintained.
Resource Implications: None
Action required: The Head of DVS to advise the Taxi-Cab Industry of the Minister’s decision and inform all taxi-cab PSV badge holders, in advance of their next badge renewal, of the requirements from 01 October 2016.
Signature:		Position: Minister for Infrastructure
Date Signed:		Date of Decision (If different from Date Signed):

Taxi-Cab Drivers: Criminal Record Checks Enhanced

DEPARTMENT FOR INFRASTRUCTURE

TAXI-CAB DRIVERS ENHANCED CRIMINAL RECORDS CHECKS

Purpose of the Report

To ensure that all public service vehicle (PSV) taxi-cab drivers are able to demonstrate, to the Inspector of Motor Traffic, that they have completed an enhanced disclosure and barring service (DBS) check within the last three years, from the 01 October 2016 and seek the support of the Minister for Infrastructure, in accordance with his powers under Article 9(2) of the Road Traffic (Jersey) Law 1935 for such a condition.

Background

Currently Article 29 (2) of the Road Traffic (Jersey) Law 1935 states “The Inspector shall not issue a badge to drive a public service vehicle of the specific type unless the applicant has satisfied the Inspector that the applicant –

(b) is fit (both in health and as to character) to drive public service vehicles of a specific type;”

Ministerial Decision MD-T- 2015-0079 proposed to update the general requirements for the issue of taxi-cab PSV drivers badges to promote and protect the safety of the Public.

One of the areas of improvements identified was to introduce regular criminal record checks for taxi-cab drivers.

The Ministerial Decision report stated:

23. Drivers are currently subject to an initial DBS (Disclosure and Barring Service) check. It is proposed to require this to be periodically renewed – initially every three years. In addition, where the opportunity arises for moving onto the continuous monitoring arrangements, it will be a requirement for drivers to sign up for that and to identify DVS as an organisation with an interest in being informed of any changes to status. A guidance note will be issued setting out the standards that will determine how a licence application is treated, and the implications of new information about an existing licence holder.

Historically

The current PSV badge application requires that a taxi-cab driver should be able to demonstrate to the Inspector of Motor Traffic that they are of good character to be able to drive a taxi-cab. In recent years, a PSV badge applicant has been able to demonstrate this by providing an enhanced DBS disclosure (previously known as CRB) to the Inspector. However, there are a number of taxi-cab drivers who have never had a DBS check undertaken.

A Standard DBS disclosure provides information to third parties for people that are involved with working with the public including children or vulnerable adults. Standard disclosures contain details of all recorded convictions, cautions, reprimands and warnings.

While the standard disclosure provides a certain level of comfort for the general public it does not include a full national or local police computer check.

An enhanced DBS disclosure, as the name suggests, involves an added level of inspection. This includes Jersey Court records, in addition to checks with the Police National Computer, the Department for Education and Skills and the Department of Health.

Currently all PSV Badge applications are undertaken using an enhanced DBS check and sent to the UK via the Jersey Vetting Bureau. At present the PSV badge holder is only required to have a DBS check undertaken at the time of their original badge application or if they have had their badge revoked and are re-applying for it.

Discussion

It is proposed in the interest of public safety that all taxi-cab drivers undertake an initial enhanced DBS check and every three years thereafter and that the results of the checks are provided to the Inspector of Motor Traffic. As the initial check normally takes six weeks to complete it is proposed that the general requirement comes into effect from 01 October 2016 for all taxi-cab PSV badge renewals, to allow sufficient time for the badge holder to apply for the check to be completed.

Resource Implications

For new PSV badge applicants there is no financial implication to these proposals. For existing taxi-cab PSV badge holders the cost of an initial enhanced DBS check would be £70, this being £50 fee for the check (as at June 2016) and £20 administration fee. However, to reduce this ongoing cost and timescales, Driver and Vehicle Standards (DVS) will encourage the badge holder to sign up to the annual checking service. The cost of this additional service is currently £13 per year.

It is proposed that application forms will be available from DVS to complete as is currently the case.

Recommendation

The Minister is recommended to agree that all taxi-cab PSV badge holders, in order to satisfy the “ is fit … as to character ” criteria must demonstrate to the Inspector of Motor Traffic that they have undertaken an initial enhanced DBS check and be re-checked every three years thereafter.

Reason(s) for Decision

To ensure that safety of the public using taxi-cabs across the taxi-cab industry is maintained.

Action Required

The Head of DVS to advise the Taxi-Cab Industry of the Minister’s decision and inform all taxi-cab PSV badge holders, in advance of their next badge renewal, of the requirements from 01 October 2016.

Written by:	Senior Traffic Officer

Approved by:	Director of Transport