Request ID: FOI-1033-2122 Date published: 13 September 2021
You asked
Follow-on from FOI-0858-2122:
Our guidance issued to private hire operators in the 'PHV Operator's
Handbook', and on our website
([2]https://content.tfl.gov.uk/guidance-on-r...), advises
operators to notify us immediately if there is any concern that a licensed
driver might be a risk to public safety.
Can you please make clear whether this is "guidance" to an operator to notify TFL immediately if a driver has informed their employer (in this case a private hire operator) "in confidence" that they are having suicidal thoughts? Or whether this is a "legal requirement" for a private hire operator to notify TFL that one of their employees had told them of their suicidal thoughts in confidence?
For the avoidance of doubt; I am not requesting information about what a private hire driver should or shouldn't tell TFL about any suicidal thoughts, I am specifically asking whether this is "guidance" or a "legal obligation" on the part of a private hire operator.
If it is a legal obligation placed on a private hire operator then can you please show me the legislation that supports this, or if there is no legislation that supports this can you please make this clear?
We answered
Our Ref: FOI-1033-2122
Thank you for your further request received on 18 August 2021 asking for information about the lawful requirements of private hire operators (PHO).
Your request has been considered in accordance with the requirements of the Freedom of Information (FOI) Act and our information access policy. I can confirm we hold the information you require. You asked:
Can you please make clear whether this is "guidance" to an operator to notify TFL immediately if a driver has informed their employer (in this case a private hire operator) "in confidence" that they are having suicidal thoughts? Or whether this is a "legal requirement" for a private hire operator to notify TFL that one of their employees had told them of their suicidal thoughts in confidence?
For the avoidance of doubt; I am not requesting information about what a private hire driver should or shouldn't tell TFL about any suicidal thoughts, I am specifically asking whether this is "guidance" or a "legal obligation" on the part of a private hire operator.
If it is a legal obligation placed on a private hire operator then can you please show me the legislation that supports this, or if there is no legislation that supports this can you please make this clear?
To answer your question, the only relevant regulatory requirement is that operators must notify us if they dismiss a driver because of their unsatisfactory conduct in connection with the driving of a private hire vehicle.
Please see clause 9 (4) c on page 12 of the following regulations: https://content.tfl.gov.uk/phv-london-operators-licences-regulations-2000-consolidated-may-2019.pdf.
The information referred to in the handbook is guidance only, however we would encourage all private hire operators to inform us if they think a driver’s circumstances pose a risk to public safety.
As mentioned in our previous response, licensed drivers are obliged to inform us of any change in their medical fitness that may impact their ability to meet DVLA Group 2 standard.
If this is not the information you are looking for please feel free to contact me.
Please see the attached information sheet for details of your right to appeal.
Yours sincerely
Gemma Jacob Senior FOI Case Officer FOI Case Management Team General Counsel Transport for London
