1. Where in Case Law, Primar or, Secondary Legislation or TfL regulations does it state that a DBS check certificate granted for 3 years is only valid for 33 months? 2. Where in Case Law,Primar or Secondary Legislation or TfL regulations does it state that a Licensed Hackney Carriage driver must renew his DBS check certificate three months early? 3. Where in Case Law,Primary or Secondary legislation does it state that a Licensed Hackney Carriage driver cannot work when his *renewal* DBS check certificate is delayed?

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Our ref: FOI-0870-1920/GJ

Thank you for your email of 25 June asking about our licensing requirements.

Your request has been considered in accordance with the requirements of the Freedom of Information Act and our information access policy. I can confirm we hold the information you require. Below I have answered your questions.

1. Where in Case Law, primary or, secondary legislation or TfL regulations does it state that a DBS check certificate granted for 3 years is only valid for 33 months?

Article 25 of the London Cab Order 1934 provides that TfL may refuse an application for a London cab driver’s licence if it is not satisfied that the applicant is of “good character and fit to act as a cab-driver”.  In order to assess an applicant’s character, TfL considers the information supplied by an enhanced Disclosure and Barring Service (DBS) check.  This is in line with best practice guidance issued by the Department for Transport.

We consider a DBS check prior to the grant of every licence and licences are valid for three years. In addition, drivers are asked to report any new convictions and cautions to TfL in their application for a new licence.

2. Where in Case Law, primary or secondary legislation or TfL regulations does it state that a Licensed Hackney Carriage driver must renew his DBS check certificate three months early?

As mentioned above, TfL considers the information supplied by an enhanced DBS check in order to assess an applicant’s character.  In order to allow sufficient time to complete all necessary checks and procedures prior to the issue of a new licence, thereby ensuring drivers are still of good character and fit to act as a cab driver, licensed taxi drivers can submit their renewal application up to four months in advance of the expiry of their existing licence. While every effort will be made to issue a new licence before the expiry of the existing licence, there can be no guarantee of this if drivers do not allow sufficient time for all the necessary checks and processes to be completed.

3. Where in Case Law, primary or secondary legislation does it state that a Licensed Hackney Carriage driver cannot work when his *renewal* DBS check certificate is delayed?

As mentioned above, TfL must be satisfied that an applicant for a London taxi driver’s licence is of good character and fit to act as a cab driver, and accordingly, TfL considers the information in an enhanced DBS check which will be considered prior to issuing a new licence.  Where there is any delay in obtaining a DBS check, section 17 of the Transport Act 1985 provides that an existing licence that is still in force at the time of the application will continue in force until an application for a new licence is disposed of. Therefore, in practice, if a licensed taxi driver has submitted a complete application (including submitting an application for a DBS disclosure at least 90 days before the expiry of their licence) and the DBS check has not yet been completed before the expiry of the licence and TfL has yet to make a decision on the fitness of the driver, then the existing licence will continue allowing the driver to work.

If this is not the information you are looking for, or if you are unable to access it for some reason, please do not hesitate to contact me.

If you are not satisfied with this response please see the attached information sheet for details of your right to appeal.

Yours sincerely,

Gemma Jacob

FOI Case Officer

FOI Case Management Team

General Counsel

Transport for London

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