Fit and Proper Person Test Taxi: How to Prove You are Safe and Suitable
For years, we’ve all lived through the “postcode lottery”—where one council demands one thing and the borough next door wants something completely different. It has made the trade inconsistent and, frankly, frustrating for those of us trying to run a professional business. However, the game is changing. The Department for Transport is moving towards mandatory fit and proper person test taxi and private hire vehicles must follow. This isn’t just another set of suggestions; it is a total legislative overhaul designed to bring every licensing authority in line, ensuring that the “good eggs” are protected by a single, fair, and absolute set of rules across the country.
The Most Important Test for Your Taxi Driver Licence
Every licensed driver in the UK—whether you are a taxi driver or a private hire driver—must pass one crucial assessment. It isn’t a driving test or a topographical exam. It is the ‘fit and proper’ assessment. The fit and proper person test taxi and private hire drivers undergo is the primary tool used by a district council or local authority to ensure you are a safe and suitable person to hold a licence.
The licensing authorities have a statutory duty to safeguard the public. If you are a new applicant, you must be satisfied that the applicant meets these high standards before they grant a licence. If you are an existing licence holder, the council can revoke your driver licence if they believe you are no longer a proper person to hold that taxi licence.
The “Golden Question”: Would You Allow Your Family to Travel Alone?
The legal definition of a ‘fit and proper person’ can be vague, so licensing authorities use a common-sense test. The licensing committee or officer must ask:
“Without any prejudice, and based on the information before you, would you allow a person for whom you care, regardless of their condition, to travel alone in a vehicle driven by this person at any time of day or night?”
If the answer to that question is ‘no’, the applicant is a ‘fit and proper person’ to hold a taxi or private hire vehicle licence, and the council may refuse the licence application.
How the Council Makes a Final Decision
Unlike a magistrates’ court, where you are innocent until proven guilty beyond reasonable doubt, the application process for a taxi or private hire licence works on the balance of probabilities.
This means that the licensing authority must make a final decision based on whether it is “more likely than not” that you are a risk. Under the statutory taxi and private hire standards, you should not be given the benefit of the doubt. If the committee is 50/50, they are told to take a cautious approach and refuse to grant a taxi or private hire driver licence.
The Onus of Proof: The Applicant is a Fit Person
It is not for the council to demonstrate that you are unfit; it is for the applicant to prove they are a proper person’ to hold the taxi driver licence. This is often where drivers need a solicitor if they have a complicated history.
More Than a Criminal Record: What Else is Checked?
Many believe that if they pass a disclosure and barring service (DBS) check, they are automatically “fit.” This is a mistake. Your criminal record is only one part of the information available.
- Rehabilitation of Offenders Act: For most jobs, old conviction data is “spent.” However, for taxi and private hire licensing, many convictions are never spent and must be declared.
- Soft Intelligence: The council’s officers can look at complaints, police logs, and even your social media. Matters that didn’t lead to a criminal conviction can still be used to revoke or refuse a licence.
- Position of Trust: Drivers are in a unique position of trust. If there is any evidence of dishonesty, financial abuse, or child sexual concerns, the council will uphold a refusal to safeguard the public.
Common Reasons a Council May Revoke or Refuse
While a hackney carriage or private hire licence is a path to a great career, it can be taken away quickly. Common issues include:
- Sexual Offences: Convictions for child sexual abuse or exploitation result in a permanent bar.
- Violence: Usually requires at least 10 years or more to have passed since the completion of a sentence.
- Dishonesty: If you lie during the application process, the council will almost always refuse.
If your licence is refused, you can appeal to the magistrate in a magistrates’ court. However, a magistrate will often only reinstate a licence if they believe the council made a legal error or was “wrong” based on the evidence.
Expert Insight: Advice for the Professional Driver
1. Treat Your Licence as a Professional Asset The taxi and phv licensing world is getting tougher. You need to be far as possible beyond reproach. Keep a record of your disclosure and barring service checks and join the DBS Update Service. It proves to the licensing authority that you are proactive about your safe and suitable status.
2. Always Disclose Everything Whether it’s a minor motoring offence or a 20-year-old conviction, put it on the form. If the licensing committee finds out later, they will revoke your badge for dishonesty—which is much harder to fight than the original offence.
3. Seek Professional Help Early If you are called to a licensing committee hearing, don’t go in alone if you have a complicated history. A solicitor who specializes in taxi licensing can help you present your case and ensure the council follows the statutory guidance correctly.
