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.
Leon Daniels | Managing Director
Transport for London | Surface Transport | Palestra |
Dear sir Peter
Thank you for your honest answer to the first part of my query, (which I note) has now seen the placement of a two cab rank outside the Shard in St Thomas Street SE1.
Any chance of the promised response the rest of my comments in my email?
Editor Taxi Leaks Blog.
Sent from my iPad
On 12 May 2014, at 17:55, "Hendy Peter (TfL)" <PeterHendy@Tfl.gov.uk> wrote:
I'm sorry, I made a mistake about St Thomas' Street.
We'll respond to the rest of your comments below in due course.
Dear Sir Peter.
I have great concern for the future of our industry.
At present it seems to us as licensed Taxi drivers, that yourself and your immediate subordinates have completely given up administering legislation appertaining to Taxis and Private hire.
After watching your performance on London Live's "PowerLunch" it would seem you have no idea about what you can and can't do to facilitate the everyday running of the licensed Taxi trade.
Specifically, problems our trade are presently facing regarding a suitable rank/standing in close proximity to the Shangri La Shard Building in St Thomas Street SE1.
You stated that:
'There is a limit to what I can do, it's not my street actually. Apart from anything else the hotel is private property and the street is the London borough of Southwark'.
Well Sir Peter, that not quite true.
I would like to bring to your attention the notice that recently appeared in the London Gazette.
Transport for London hereby gives notice!
The notice also refers to the A200, St Thomas Street, as a GLA Road.
Notice category: TransportNotice type: Road Traffic ActsPublication date: 17 April 2014
Edition: The London Gazette
Share Transport for London
ROAD TRAFFIC REGULATION ACT 1984
THE GLA ROADS AND GLA SIDE ROADS (SOUTHWARK) RED ROUTE CONSOLIDATION TRAFFIC ORDER 2007 A200 GLA ROAD (ST. THOMAS STREET) EXPERIMENTAL VARIATION ORDER 2014
See full announcement here:
Sir Peter, unless I'm much mistaken, this order gives TfL the right to appoint a Taxi rank/standing anywhere they choose in St Thomas Street.
So could you please explain your statement made on the TV interview?
But Sir Peter there is an even bigger issue and that is with the hold ups concerning the renewals of drivers licences. An issue that is causing many hundreds of drivers and their families hardship, in as much as you are telling them they can't work until they are in receipt of a new licence.
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.
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 reply on the Taxi Leaks blog.
Editor Taxi Leaks Blog.