I made a post back in 2014, but it appears drivers are still worried about licence renewals, so here it is again.
Please feel free to use Daniels letter, if TfL tell you you can’t work unless you’ve received your new Bill… it’s a lie.
As long as you’ve completed your application and sent them your DBS, the law states your old Bill is valid until you are in possession of your new license.
Blast from the past
Back in May, I wrote to Sir Peter Hendy with concerns about comments he had made in an interview on London Live. Sir Peter had inferred that TfL could not appoint a taxi rank in St Thomas Street outside the Shard as the Street belonged to Southwark Council. I sent him a copy of the order posted in the London Gazette, that categorically gives TfL the right to appoint a Taxi rank/standing anywhere they choose in St Thomas Street....
Within days, Sir Peter made a very rare apology for his statement. He said he had made a mistake! But still waited till after a flash demo from the trade, before finally giving in and appointing a new rank opposite the shard.
In the same letter I also pointed Sir Peter in the direction of 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
I advised Sir Peter that in Taxi Leaks legal team's opinion, there is no need for TfL to issue temporary licences and the driver should be able to carry on working, as their old licence will remain in force until they either receive a newly issued licence, or receive word that their application has been turned down.
Hundreds of drivers have lost many days-weeks-months income, after being told by TfL they can't work. I asked Sir Peter in light of the fact that so many drivers were being put out if work while waiting, to make an immediate statement informing these drivers that under the act of 1985, they can in fact carry on working regardless.
It seems that Sir Peter interpretation of immediate, actually meant 5 months later.
Leon Daniels has finally replied on behalf of Sir Peter Hendy (well I suppose two apologies from Sir Peter was a bit too much to hope for) and it is our pleasure to announce that;
Drivers can now carry on working on an expired licence -as long as they have applied in time and in the correct manner for a renewal- until the new licence arrives.
Below is the letter Taxi Leaks received from TfL.
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.
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 :
HMRC tax check
From 4 April 2022, HRMC will introduce a new nationwide tax check that any new applicant or licensee seeking to renewing a taxi or PHV licence will have to undertake.
After you have completed the tax check online you will be given a 9-character tax check code from HMRC.
You will need to give this to TfL as part of your application process.
For more information on the check, visit the gov.uk website and see the latest edition on On Route magazine, which features an article on the change. On Route is now available for free on the TPH website.
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