Convictions Criteria. Taxi and Private Hire Licensing

Transcription

1 Convictions Criteria Taxi and Private Hire Licensing

2 Contents Introduction 3 Background Information explaining the policy 3 What is a conviction? 4 Category 1 5 Sexual Offences explanatory note 5 Category 2 6 Drug crime organised crime, supply 6 Drugs personal misuse 6 Category 3 Racially or religiously aggravated crime and repeat drug abuse 7 Hate crime statistics 7 Category 4 8 Category 5 8 Youth Justice Court sentences 8 Rehabilitation of Offenders Act 8 Category 6 Offences against specific licensing legislation 9 Plying for Hire 9 Other decision making considerations Failure to report the licensing authority 9 Acting as a licensed driver increased tariff 10 Frequently Asked Questions 10 Driving Convictions 15 Points Tables Indecency table 18 Violence table 20 Dishonesty table 23 Drugs 25 Racially Motivated Offences 26 Motoring offences covered under minor motoring convictions 27 Offences covered under major motoring convictions 28 Offences for driving a motor vehicle under the influence of drink or drugs 28 Offences where a licence would normally be refused or a current licence suspended or revoked 29 2

3 Introduction In England (outside London), Hackney carriage and private hire licences are issued by local Councils to control the safe operation of Hackney carriage and private hire vehicles being used for hire or reward. There is national legislation dealing with all of the types of licences issued in this area. In addition to the national legislation, local Councils can create additional proportionate requirements prior to the granting of a licence. These requirements may also exist during the lifetime of a licence. The Council can also place conditions on licences which the licence holder must comply with. Copies of these conditions are available on the Leeds City Council website and are readily available upon request from the Taxi and Private Hire Licensing Section. The conditions, and any exemptions to them, are also included in the licence issued to an individual or a business. The Convictions Criteria policy, was approved by Elected Councillors of Leeds City Council s Licensing Committee following public and trade consultation. In Leeds, licensing and enforcement matters are dealt with by the Taxi and Private Hire Licensing Section where Officers are authorised to carry out the functions of the policy on behalf of the Licensing Committee. Background Information explaining the policy Before granting a personal licence the Council has a statutory obligation to ensure the applicant is a fit and proper person. That requirement remains with the Council throughout the lifetime of a licence and at the point of renewal. Crime and safety are issues of national and local importance and Leeds City council has adopted the essence of partnership working and expresses its values as follows: The Safer Leeds Partnership is our vision for people to be able to live without fear for their own safety, or the safety of others. Our overall aim is to secure sustainable reductions in crime and disorder, and to address fear of crime in the Leeds district. Additionally, Leeds City Council has both a moral and legal obligation to ensure the duty of care for both children and vulnerable adults across all of its services. This cannot be achieved by any single service or agency. Safeguarding is ultimately the responsibility of all of us and depends on the everyday vigilance of staff who play a part in the lives of children or vulnerable adults. Personal safety and professional standards of service remain a primary concern for the people of Leeds who must have trust in the licensed driver, whether travelling alone as a young woman, as an adult who may have a disability or one of a wide range of passengers who need and expect professional standards from the driver. Similarly, the public must have trust in the Council s licensing policy which has to contribute to the prevention of crime and the safeguarding of children and vulnerable adults which is a major priority of the Council. 3

4 Decision making needs to be justified, proportionate and consistent. The convictions criteria categorises the types of crime and driving convictions and is a key part of the fit and proper person assessment. It describes and tries to assess the potential risk to the public and to the Council and give fair notice to potential applicants and existing licence holders of the possible consequences of being convicted or cautioned by any agency for the offences described in the criteria. It is not an exhaustive list of convictions and parallels may be drawn from other offences not included in the criteria but which have similar strands or elements of those crimes identified in the criteria. The convictions criteria is based upon; The public expectation of safety and the control of risk with the most serious types of crime and sexual offending (particularly category 1) Reducing the risk potentially caused by serious criminal offending (particularly category 2) The Council demonstrating its commitment to dealing with race/ religious hate crime, gender/ sexual orientation and disability offending (category 3) Recognition of the opportunities for criminals by being licensed (particularly category 4) The need for the Council to contribute to crime partnerships and safety groups to reduce the risk of crime (category 5) The Councils obligations to Safeguard Children and vulnerable adults Significant new types of criminal networks being more embedded in society Sentencing powers of Courts increasing in some areas, recognising the relevance and seriousness of types of offending The need to refresh and update the policy to today s environment Recognising that some types of crime have undertaken such criminal pre-planning that having trust and being able to professionally interact with individuals (licence holders or applicants) in a licensing environment is barely viable What is a conviction? In essence convictions and cautions are similar in respect of culpability, evidence and admission of guilt. The Council can consider not just convictions and cautions but also other outcomes of actions taken by the Police, other agencies and the Civil Courts when taking account of public safety or drawing parallels between findings in the civil courts and offences identified in this convictions criteria. Similarly the Council may consider information disclosed to it at the discretion of Chief Constables even though it may not amount to a criminal conviction. Reference to convictions in this policy should be understood to include cautions, all forms of fixed penalty notices and restrictive type orders. The range of outcomes within this paragraph which might be considered may change with legislation but the Council may still consider any order or finding and other civil court findings of culpability. Whichever way a finding of criminal responsibility, or other matter described in the preceding paragraph is recorded against an individual, the policy will allow discretion to be exercised in appropriate cases by the decision maker who may apply appropriate weighting to individual cases. 4

5 Category 1 The most serious types of crime often with sentences of life imprisonment. For example: Murder manslaughter, grievous bodily harm/ wounding, section 18 OAP Act kidnapping, false imprisonment, arson and convictions around sexual offending. It would be only the most exceptional of circumstances that the grant of a licence would be considered for any of these types of convictions. The minimum period of time to have elapsed would generally be 10 years from the date of conviction, final release or the end date of a suspended prison sentence. This would normally be the minimum period and there may be circumstances where the Council would continue to resist an application. It would be only in the most exceptional of circumstances that the grant of a licence would be considered for those types of convictions outside of the convictions criteria rehabilitation period. Sexual Offences explanatory note The Councils obligation is to safeguarding children and vulnerable adults and how potential access to the vulnerable can be gained as a licence holder through the Councils transport contracts. The current issues around trafficking of women, grooming children, paedophilia and sexual exploitation are critical issues which may present a very real threat within a licensing environment where trust is paramount. Private hire or Hackney carriage work is not included in The Safeguarding Vulnerable Groups Act 2006 and although important information may be held, it might not be disclosed by the relevant bodies which include the Disclosure and Barring Service. This can present difficulties in the decision making process. There might be information which indicates that an event has occurred which resulted in an individual being barred from working with such groups but no detail of the circumstances of that event being supplied to the local Authority. Where a person is barred from working with children or vulnerable adults the onus to provide all background information and the responsibility to provide additional information to satisfy the Council rests firmly with the applicant. It would be only in the most exceptional of circumstances that a licence would be granted when such a barring from controlled or regulated activity is in place. 5

6 Category 2 High level serious criminal offences usually associated with violence or high value crime. For example, drugs supply/ production, aggravated burglary, robbery, aggravated vehicle taking (causing death), blackmail and any other offence of dishonesty capable of attracting a term of imprisonment exceeding 10 years. These are the next most serious types of crime for which significant custodial sentences are available, and importantly to the Council, those which present significant risk to people or their property. The minimum period of time to have elapsed would be 8 years from the date of conviction, final release or end date of a suspended prison sentence. This would normally be the minimum period and there may be circumstances where the Council would continue to resist an application. It would be only in the most exceptional of circumstances that the grant of a licence would be considered for those types of convictions outside of the convictions criteria rehabilitation period. Drugs crime organised crime, supply When the Local Government (Miscellaneous Provisions) Act 1976 was created it did not define drugs as one of the three recognised types of conviction, most probably on the basis that criminal activity of organised crime gangs were not on the radar to the extent they are today and the issues around drug misuse were not as prevalent or as relevant to the licensed trades. Drugs crime is a major feature of organised crime gangs and there is evidence to show that such organised criminal activity exists in areas of West Yorkshire and that licensed drivers have been involved in the ferrying of drugs, suppliers and drug users to supply points. The previous convictions criteria recognised the dangers to an extent relevant at that time but again, time has moved on and Members felt that the safeguarding issues and public safety sanction level should be set at a higher point. The basis is that trafficking of drugs now has an established association with the licensed trades and its consequential effects on the City s communities, the image of the city and the trades should be addressed within the licensing safety policy. A licensed taxi or private hire driver is an ideal courier for such activity, either in isolation or with affiliations to organised crime. The personal use of drugs is an event that can overlap into drivers working time and Members feel that such risks should be minimised by these control measures on drug misuse. Drugs personal misuse In respect of possession of a controlled drug there are two decision points; where there is an existing conviction for unlawful possession of a controlled drug the period of rehabilitation would fall in line with the Category 3 offences on the basis that those who have a history of drug abuse are more sympathetic to others unlawful use and allows a more appropriate period of time to demonstrate distance from drugs. It sends out a clear message that drugs use by licensed drivers are not an acceptable mix and that the Council recognises the dangers of association between those who might be associated with illegal drugs activity and the dangers of driving under the influence of drugs. 6

7 Officers regularly see applications with two or more convictions for unlawful possession of drugs on Disclosure and Barring Service disclosures and additional safeguards are built into the policy as set out below; Where there are two convictions for such an offence on a disclosure, the policy has been further strengthened to reduce the risk to public safety by including a medical drugs test requirement prior to the approval of an application and at random times during the life time of a licence, at the licence holders expense and in a manner prescribed by the Council. This would amount to not much more than three occasions in a rolling 12 months period and would cease after 5 years from the date of last conviction. Where there is a third conviction for drugs possession the last conviction be regarded as escalating the public safety risk to a category 2 matter from the date of last conviction and the timescales from that category are adopted. Category 3 Racially or religiously aggravated crime and repeat drug abuse Some offences across a range of criminal convictions attract stronger sentences when the offence is racially motivated or the act is intended to stir up racial hatred or where there is possession of racially inflammable material. Without minimising any crime of that nature, this category deals with the most serious crime in that offending profile. The minimum period of time to have elapsed would be 6 years from the date of conviction, final release or end of a suspended prison sentence. It would be only in the most exceptional of circumstances that the grant of a licence would be considered for those types of convictions outside of the convictions criteria rehabilitation period. Hate crime statistics In September 2012, the Home Office published statistics on hate crimes recorded by the police in England and Wales for the first time. In 2011 to 2012, 43,748 hate crimes were recorded by the police. That rose to 52,528 in 2014 to /12 Type of hate crime 2014/15 35,816 (82%) race hate crimes 42,930 (82%) 1,621 (4%) religion hate crimes 3,254 (6%) 4,252 (10%) sexual orientation hate crimes 5,597 (11%) 1,744 (4%) disability hate crimes 2,508 (5%) 315 (1%) transgender hate crimes 605 (1%) 7

8 Category 4 High risk dishonesty crime to the public and the Council in granting/ holding a licence. For example: burglary dwelling, handling stolen goods, theft as employee, Perverting the course of justice, Perjury, Aggravated vehicle taking, those offences created by the Fraud Act of 2006 on the basis of the deliberate and planned elements of dishonesty, fraudulent use of motor vehicle documents or false declarations to obtain such. The types of crime here are those which employment as a licensed driver would present very real opportunities for offending and are considered to be of substantial risk to the public or the Council, or being able to have effective working relationships or trust with an individual. The minimum period of time to have elapsed would be 5 years from the date of conviction, final release or end of suspended prison sentence. This would normally be the minimum period and there may be circumstances where the Council would continue to resist an application. It would be only in the most exceptional of circumstances that the grant of a licence would be considered for those types of convictions outside of the convictions criteria rehabilitation period. Category 5 General offences of dishonesty and violence and aggravating features of hate crime. For example; General cases of theft, shoplifting, stealing from motor vehicle, obtain money by deception, going equipped for crime, taking vehicle without consent/ being carried on or in. The inclusion of the racially aggravated public order offence is a significant upgrade from a 'points only' matter in the previous policy to a category 5 offence and is justified when one considers the benefits to community cohesion and the wide range of customer nationalities and religious beliefs. Those general crimes contained within the Theft Act 1968, and Theft Act1978 along with those crimes associated with benefit fraud indicate the minimum period of time to have elapsed would be 3 years from the date of conviction, final release or end date of a suspended prison sentence. Where there are other offences that have a Hate Crime aggravating feature they will attract a longer period of rehabilitation in terms of this convictions criteria and move to a category 3 type of offence. Hate Crimes are defined as any crimes that are targeted at a person because of hostility or prejudice towards that person s disability, race or ethnicity, religion or belief, sexual orientation, transgender identity. Explanatory Notes: All of the above categories include attempts, incitement, aid and abet, counsel or procure or conspiracy to commit such an individual offence which can attract the same penalty. Youth Justice Court sentences Where a sentence imposed upon a child or young person is restricted by virtue of their age the policy will take account of the sentence that could have been imposed upon them as an adult. However, it is not intended to defeat the intentions of the Courts powers of sentencing of children and young persons in respect of lower level crime (category 5) and those matters will be weighted accordingly by discretion being appropriately applied. Rehabilitation of Offenders Act In making public safety licensing decisions the Council is except from the Rehabilitation of Offenders Act. The Secretary of State made this exemption because of the necessity to put public safety as the first consideration and to enable a local authority to take a much wider view of the applicant over a longer timescale. However, the timescales in the Act may be used to assist decision makers, applicants and licence holders make informed decisions under the category of Driving Convictions for certain types of 8 offences.

9 Category 6 - Offences against the specific licensing legislation There are many offences created by the Taxi and Private Hire legislation and these may be prosecuted through the courts or dealt with in some other way. Where this policy does not specifically highlight such an offence the Council may still choose to use the fit and proper person assessment in individual cases. Plying for Hire Although this offence falls within category 6 because of its prevalence and the dangers created, a specific policy was created to deal with this issue which is explained below. In March 2007, the Taxi and Private Hire Licensing Section introduced a Plying for Hire policy. This aims to clearly set out the consequences to licensed drivers, in terms of suspension or revocation of their private hire drivers licence, where plying for hire offences are revealed. Key Points of the Policy: Where a licensed driver is found to be plying for hire, with evidence which supports a criminal prosecution, or Home Office Caution, that the driver will normally be suspended and immediate consideration given to the revocation of the licence Where a drivers licence has been successfully revoked or not renewed, that driver will, normally, not be granted a further licence by this Council for one year. Where there is an existing conviction or formal Home Office Caution for this type of offence, wherever it occurred, when an application for a new licence is received, the applicant will normally not be granted a licence for a year following the date of conviction or caution. In the event of a second such incident, the driver or applicant would not normally have a licence granted for three years following the date of conviction or caution. In every instance however, each case would be considered on its own merits Other decision making considerations Failure to report to the licensing authority The decision making framework can to some extent be de-stabilised by those licensed drivers who do not report convictions in line with the condition upon their licence or make a false declaration at the time of renewal. Convictions that are not disclosed in line with the conditions upon a licence, or where a false declaration is made at the time of application or renewal, will be treated as a breach of the policy. Such deceit at the point of application may also amount to a criminal offence. 9

10 Acting as a licensed driver increased tariff Where an offence identified in the previous categories was committed whilst in a licensed vehicle or in the course of carrying out a service illegally or legally, this would be considered an aggravating factor and the conviction criteria rehabilitation period would attract an additional rehabilitation period of 50%. Where the Council is successful in defending a licensing decision to refuse an application, revoke or refuse to renew a licence or suspend where the information on which the decision was based can be appropriately linked to one of the categories of crime explained in this policy, it would then attract the same rehabilitation period as that substantial offence. In all other instances or in cases of doubt that part of the Local Government (Miscellaneous Provisions) Act 1976 any other reasonable cause should be used. For example, a licensed driver is investigated following a passenger complaint of sexual touching (regardless of whether the Police prosecute) and the courts uphold the Council decision to suspend, revoke, refuse to renew or refuse an application then that finding would place the person in the same category of the convictions criteria as would the conviction for that offence. Frequently Asked Questions I m interested in becoming a Private Hire driver but I have a criminal conviction; can I still apply? A points criteria system is used to ensure that decisions are made on hard criteria and are both consistent and fair in arriving at the decision. The objective of the system is to define a fit and proper person and to ensure that you, the applicant, fulfil the requirement of being a fit and proper person before a licence is issued. All applicants will be considered on their individual merits however the system incorporates the following criteria: (i) Date of conviction (ii) Type of offence (iii) Sentence imposed The criteria use 9 points as the maximum number of points you can hold in order to obtain a licence. If you demonstrate 10 or more points your application may be refused but decision makers will consider each case and each element of the disclosure information on its own merit and if entirely satisfied, may use discretion and move away from the policy. If you are the subject of current criminal investigations and/ or currently being prosecuted for criminal offences, your application will be dealt with on the basis that you could be convicted of the offence and the convictions criteria policy may be applied. If you do not have a conviction then the points system will not form part of your application process but in deciding whether you are fit and proper, the Council may consider any other relevant information provided to it by external agencies, previous licensing history or other information it thinks appropriate to take into account. Even though a conviction or convictions might not be within the timescales set out in the convictions criteria, the Council may also consider the overall effect of those convictions along with other information in terms of volume, repeat offending or criminal association or proximity to crime and consider the potential to revert to committing crime within a licensed environment. 10

11 Offences of failing to adhere to Court orders will also be considered as potential areas of concern in addition to the actual offence, in determining whether or not a licence should be granted. The Council has to be pragmatic and consider how it can constrain adverse licensing behaviour if an individual has paid little regard to Court orders. Decisions are taken on the balance of probabilities which is the civil court s context and not beyond reasonable doubt which is the case in the criminal courts. A refusal of an application will be given in writing, detailing the reason for the refusal and informing you of your right to appeal against the decision to the Magistrate s Court in accordance with the provisions of the Local Government (Miscellaneous Provisions) Act Decisions taken to suspend, revoke, refuse to renew, personal or business licences will be undertaken in the same manner. In the event of an appeal against a Council decision to suspend, refuse to grant, revoke or refuse to renew a licence the Council will seek costs against you if it is successful in the court hearing. What is a conviction for the purpose of these criteria? A conviction is commonly understood to mean the final disposal of a case after someone has either been found guilty or pleaded guilty to an offence (but please see the earlier explanatory notes defining the term conviction for the purposes of this policy). So, for example, if someone steals some goods on 3 March 2015, is charged by the police and pleads guilty at Court on 6 August 2015, he will have one conviction of theft recorded against him. The date of conviction would be 6 August 2015 and the offence date would be 3 March What happens if I have been convicted of more than one similar matter on the same date (the offences occurring on the same or different dates)? Strictly speaking, each separate conviction could be looked at separately under the criteria. However, for the purposes of these criteria, the most serious conviction only will be taken into account. For example: Offence of theft of goods committed on 3 March 2015 Offence of theft of goods committed on 6 March 2015 Offence of theft of goods committed on 2 April 2015 All the above dealt with by the Court on 6 August Although strictly speaking these are separate convictions, for the purpose of interpreting these criteria, they will be regarded as one conviction of theft. 11

12 What if I have been convicted of several offences of different seriousness on the same date - which one(s) will be taken into account? If someone is convicted of several matters on the same day, for example, three dishonesty matters, two being shoplifting and one being burglary, then the most serious of the three - the burglary offence - will be taken into account. What if I have been convicted of different types of offences on the same day? If the offences are distinct from each other and do not obviously arise out of the same set of circumstances, they will be treated as separate convictions for the purpose of the criteria. For example, if someone is convicted on 6 August 2015 of; Two offences of shoplifting on 3 March 2015 One offence of criminal damage on 4 March 2015 One offence of supplying drugs on 5 March 2015 One offence of robbery on 2 April 2015 Then the convictions to be taken into account will be the more serious offence of robbery (being more serious than the other dishonest offences of shoplifting). The drug conviction and the criminal damage conviction will also be taken into account. What if I had a series of convictions over many years but have not reached the 10 points threshold? The Council may take into account these convictions under any other reasonable cause and decide not to grant a licence after considering the nature of the offences (see earlier expanded explanation). What if I have been charged with an offence but am not successfully prosecuted? The Council may take into account all of the circumstances surrounding the allegation under any other reasonable cause and decide not to grant a licence after considering the nature of the allegations. I am a foreign national and my conviction is not described in the Convictions Criteria? The Council will consider the circumstances of the conviction and may draw parallels, either in total or by elements, from the offence for which you were convicted compared to those offences which are identified in this criteria. In any other circumstances the Council may consider any other information and use it to form a proportionate fit and proper person assessment. Notwithstanding the reference to the points system, decision makers are not constrained by this policy from taking a broader view of all of a person s convictions and assessing the collective occasions under a wider fit and proper person assessment. 12

13 What powers does the Council have to renew, suspend and revoke a licence? Under the provisions of Section 61 of the Local Government (Miscellaneous Provisions) Act 1976, a district council may suspend, revoke or refuse to renew the licence of a Hackney Carriage or Private Hire driver or Proprietor and/ or vehicle, on any of the following grounds: Specific legislation That since the grant of the licence: i. The driver has been convicted of an offence involving dishonesty, indecency or violence ii. Been convicted of an offence under or has failed to comply with the provisions of the Act of 1847 of this Part of this Act iii. Any other reasonable cause. Again, under the provisions of Section 62 of the Act, a district council may suspend, revoke or refuse to renew an Operators licence on any of the following grounds: i. Any offence under or non-compliance with, the provisions of this part of this Act ii. Any conduct on the part of the Operator which appears to the district council to render him unfit to hold an Operators licence iii. Any material change since the licence was granted in any of the circumstances of the operator on the basis which the licence was granted iv. Any other reasonable cause. Where a specific power exists to require applicants (which includes the point of renewal of a licence) to submit information as in Section 57 Local Government (Miscellaneous Provisions) Act 1976 for example or where an Authorised Officer or Constable is obstructed when acting in the pursuance of their duty under Section 73 Local Government (Miscellaneous Provisions) Act Can the Council consider any other issues? Yes, legislation allows the Council to place conditions on licences and also to consider a much wider range of events under any other reasonable cause. This means that you do not necessarily have to be convicted of an offence but the Council may still make decisions which affect your licence. For example; Conditions on licences The Council may also attach conditions to a licence and failure to comply with those conditions could lead to the suspension of a licence and ultimately its revocation. Failure to report It can be the case that the criminal offence in question is out of the convictions criteria timeframe by the time it is uncovered. By being dishonest the licence holder has evaded the best intentions of the policy and in such circumstances the start date would become effective from the date the Council first became aware of the conviction (Please see Other decision making considerations ). Public safety and training requirements In addition to general conditions the Council may require licence holders to undertake appropriate training during the lifetime of the licence. If there is a failure to comply with a training requirement or other proportionate requirement the Council may suspend, revoke or refuse to renew that licence. 13

14 Byelaws Byelaws are an important part of the public safety service and integrity expectations of the trade. The Council may consider non-compliance with the Byelaws in part or in whole as part of a fit and proper person assessment or any other reasonable cause. In addition, the points system will be used to define if someone is a fit and proper person to hold a licence. If a licence holder were to accrue sufficient points during the currency of his/ her licence by being convicted of offences to warrant suspension, revocation, or non- renewal, of their licence(s) then the points criteria can be construed to be any other reasonable cause when proportionately assessed and weighted. 14

15 Driving Convictions Background to the policy Road safety is a major priority to the Council and it has changed its previous policy from being solely time based in respect of suspensions, revocations or a refusal to grant to one which places responsibility on the applicant or the licensed driver to improve their driver skills and demonstrate a commitment to passenger and public safety. I m interested in becoming a Private Hire driver but I have a motoring conviction; can I still apply? Motoring convictions are treated differently in the criteria dependant on the conviction(s) disclosed on your DVLA licence and they are broken into four groups. You will need to carefully consider where your personal circumstances fit with this part of the convictions criteria before you apply for a licence. Minor Road Traffic Offences: Convictions for minor traffic offences (identified in Table 1) should not prevent you from proceeding with an application or holding a licence. However, if the number of current points on your DVLA licence exceeds 12 points then your application will be refused or the current licence suspended or revoked. A further application will not be approved until the DVLA licence demonstrates that the number of current points on the licence is below 13 points. Major Road Traffic Offences: An isolated conviction for major traffic offences (identified in Table 2) should not prevent you from proceeding with an application or holding a licence. However, if more than one conviction for an offence under this heading is shown to be current on the DVLA licence, then an application would normally be refused or the current licence suspended or revoked, until an accreditation has been awarded under the advance driver assessment scheme. A third such issue conviction would require that a licence would not normally be granted or should be suspended until only one such matter remains on the DVLA licence. (Those offences In Table 2 identified as MS80 and MS90 would not be subject to the Advanced Driver assessment.) Driving a Motor Vehicle under the Influence of Drink or Drugs: A serious view is taken of convictions of driving or being in charge of a vehicle while under the influence of drink or drugs, (identified in Table 3). An application with one conviction on the DVLA licence under this category will be accepted providing a 12 months period has elapsed since the restoration of his DVLA licence. More than one conviction of this type and the application will be refused until such time as one of the convictions has been removed under the Rehabilitation of Offenders period. Significant serious motoring offences An application received which details one of the following offences on the DVLA licence; CD40, CD50, CD60, CD70, CD80, CD90, DD10, DD40, DD60, DD70, DD90 (identified in Table 4) may be refused or a current licence suspended or revoked. Any further application may not be approved until such time as that conviction is removed under the Rehabilitation of Offenders period. Other offences covered in this section will be treated under the dishonesty/ violence category as detailed in the Criminal Convictions section. 15

16 Totting Up When disqualified from driving under the totting up procedures, a compulsory or discretionary period of disqualification, the licence will remain suspended until the driver has achieved a pass in a driving life skills training with a nationally recognised and accredited driving assessment programme. Where a licence shows 12 points or more but no disqualification was imposed because of exceptional hardship ; the requirement to undertake driving life skills development and be successful will apply and must be achieved within 3 months of the Court decision or the private hire driver licence should be suspended and not restored or renewed (in the event of a subsequent new application) until successful in a driving life skills programme with a nationally recognised and accredited driving assessment programme. NB: This policy applies to all new applications and to those currently licensed since the adoption of the policy. Second period of disqualification If there is a second period of disqualification, the licence would normally be revoked and not considered again for a minimum period of 12 months from the end of the disqualification period. There is a requirement for the driver to undertake a driving life skills training with a nationally recognised and accredited driving assessment programme. Private hire driver licence is revoked and not considered for renewal for a minimum period of 12 months from the end of the disqualification period and a requirement to undertake driving life skills training with a nationally recognised and accredited driving assessment programme. Third period of disqualification Where there is a third period of disqualification, the licence would normally be revoked and not considered again for a minimum period of 3 years from the end of the disqualification period. There is a requirement to undertake a driving life skills training with a nationally recognised and accredited driving assessment programme. Types of second convictions live on DVLA licence Where there is a second conviction of using a motor vehicle with defective brakes (CV10), defective tyres (CU30), defective steering (CU40), using a mobile phone whilst driving (CU80), no insurance (IN10) active on the DVLA licence (or a combination of these categories), the licence should be refused, suspended or revoked and not restored until the number of active occasions for those types of offence has reduced to one or less. 16

17 Specific convictions about personal health Where there is a conviction for driving after making a false declaration about fitness (LC30), driving a vehicle having failed to notify a disability (LC40), driving after a licence has been revoked or refused on medical grounds (LC50), driving with uncorrected defective eyesight (MS70), driving while disqualified by order of court (BA10) which occurred whilst a licensed driver it may be regarded as high risk to public safety and immediate suspension should be considered until all safety issues have been resolved and in any other case consideration should be given to revocation. Where there is a second conviction for these types of health offences immediately above or any failure to comply with any reasonable request from an Authorised Officer of the Council in respect of their enquiries into the matters consideration should be given to the immediate suspension of the licence, its revocation, or a refusal to renew. Failure to report a disqualification It may be the case that the disqualification period in question is now out of this part of driving convictions criteria timeframe by the time it is uncovered. By being dishonest the licence holder has evaded the best intentions of the policy and in such circumstances the start date for the application of this part of the policy would become effective from the date the Council first became aware of the period of disqualification (Please see Other decision making considerations earlier in this policy). Failure to report such a disqualification would normally result in the driver licence being suspended or revoked and the period of suspension or revocation would not normally be less than would have been effective if the disqualification had been properly reported to the Council. A licence would not normally be granted or a suspension lifted until the completion of a driving life skills training with a nationally recognised and accredited driving assessment programme. Where false declarations have been made at the time of application or renewal, these may also be considered under the fit and proper person assessment. 17

18 Indecency table 18

19 Indecency table Continued 19

20 Violence table 20

21 Violence table Continued 21

22 Violence table Continued 22

23 Dishonesty table 23

24 Dishonesty table 24

25 Drugs table 25

26 Racially motivated Offences 26

27 Table 1 - Offences covered under minor motoring convictions AC10 AC20 AC30 CU10 CU20 CU30 CU40 CU50 CU80 LC10 MS10 MS20 MS30 MS40 MS60 MS70 MS80 MW10 PC10 PC20 PC30 PL10 PL20 PL30 PL40 PL50 SP10 SP20 SP30 SP40 SP50 SP60 TS10 TS20 TS30 TS40 TS50 TS60 TS70 Failing to stop after an accident Failing to give particulars or report an accident within 24 hours. Undefined accident offence Using vehicle with defective brakes. Causing or likely to cause danger by reason of use of unsuitable vehicle or using a vehicle with parts or accessories (excluding brakes, steering or tyres) in a dangerous condition. Using a vehicle with defective tyres. Using a vehicle with defective steering. Causing or likely to cause danger by reason of load or passengers. Breach of requirements as to control of a vehicle, mobile telephone etc Driving without a licence. Leaving a vehicle in a dangerous position. Unlawful pillion riding. Playstreet Offences. Driving with uncorrected defective eyesight or refusing to submit to a test. Offences not covered by other codes. Driving with uncorrected defective eyesight. Refusing to submit to an eyesight test. Contravention of Special Road Regulations (excluding speed limits). Undefined Contravention of Pedestrian Crossing Regulations. Contravention of Pedestrian Crossing Regulations with moving vehicle. Contravention of Pedestrian Crossing Regulations with stationary vehicle. Driving without L plates. Not accompanied by a qualified person. Carrying a person not qualified. Drawing an unauthorised trailer. Undefined failure to comply with conditions of a Provisional Licence. Exceeding goods vehicle speed limit. Exceeding speed limit for type of vehicle (excluding goods or passenger vehicles). Exceeding statutory speed limit on a public road Exceeding passenger vehicle speed limit. Exceeding speed limit on a motorway. Undefined speed limit offence. Failing to comply with traffic light signals. Failing to comply with double white lines. Failing to comply with a Stop sign. Failing to comply with direction of a constable or traffic warden. Failing to comply with traffic sign (excluding Stop sign, traffic lights or double white lines). Failing to comply with school crossing patrol sign. Undefined failure to comply with a traffic direction or sign. 27

28 Table 2 - Offences covered under major motoring convictions CD10 CD20 CD30 CU10 CU20 CU30 CU40 CU50 CU80 IN10 BA10 BA30 MS50 Driving without due care and attention. Driving without reasonable consideration for other road users. Driving without due care and attention or without reasonable consideration for other road users. As second offence on DVLA licence As second offence on DVLA licence As second offence on DVLA licence As second offence on DVLA licence As second offence on DVLA licence As second offence on DVLA licence Using a vehicle uninsured against third party risks. Driving while disqualified by order of Court. Attempt to drive while disqualified as under age. Motor racing on Highway MS80 Refusing to submit to an eyesight test * MS90 Failure to give information as to identity of driver* * These offences would not be subject to the Advanced Driver assessment Table 3 - Offences for driving a motor vehicle under the influence of drink or drugs DR10 Driving or attempting to drive with alcohol level above limit. DR20 DR30 DR31 DR61 DR40 DR50 DR60 DR70 DR80 DR90 Driving or attempting to drive while unfit through drink or drugs. Driving or attempting to drive then refusing to supply a specimen for analysis. Driving or attempting to drive then refusing to give permission for analysis of a bood sample that was taken without consent due to incapacity Refusing to give permission for analysis of a blood sample that was teken without consent due to incapacity in circumstances other than driving or attempting to drive In charge of a vehicle while alcohol level above limit. In charge of a vehicle while unfit through drink or drugs. In charge of a vehicle then refusing to supply a specimen for analysis. Failing to provide a specimen for breath test. Driving or attempting to drive when unfit through drugs In charge of a vehicle when unfit through drugs 28

29 Table 4 - Offences where a licence would normally be refused or a current licence suspended or revoked CD40 Causing death through careless driving when unfit through drink CD50 CD60 CD70 CD80 CD90 DD10 DD40 DD60 DD70 DD90 Causing death by careless driving when unfit through drugs Causing death by careless driving with alcohol level above the limit Causing death by careless driving then failing to supply a specimen for alcohol analysis Causing death by careless, or inconsiderate, driving Causing death by driving: unlicensed, disqualified or uninsured drivers Causing serious injury by dangerous driving Dangerous driving. Manslaughter or culpable homicide while driving a vehicle. Causing death by dangerous driving. Furious driving When applicable to licensed vehicle LC30 LC40 LC50 MS70 Driving after making a false declaration about fitness when applying for a licence Driving a vehicle having failed to notify a disability Driving after a licence has been revoked or effused on medical ground Driving with uncorrected defective eyesight All offence codes mean also those alternative codes with differing numbers which mean, aiding, abetting, counselling or procuring; cause, use or permit and inciting offences. 29

30 Taxi and Private Hire Licensing 225 York Road Leeds LS9 7RY Tel: Section Opening Hours Monday - Thursday Friday This guidance published April 2016