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| Power to require applicants to submit information http://taxi-driver.co.uk/phpBB2/viewtopic.php?f=5&t=8260 |
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| Author: | JD [ Tue Mar 18, 2008 9:36 pm ] |
| Post subject: | Power to require applicants to submit information |
Recently there have been two separate discussions opened on the subject matter of the power to submit information in order to obtain a license. One discussion relates to medical examinations for the elderly and the other relates to a council in Scotland asking for personal tax details in the form of your tax reference number to determine whether you are granted a license. In short in the case of Dundee if you don't have a tax reference number then you won't be granted a license unless you have good reason for not having one, such as a student who has never been in employment or someone from another country within the EU. I have posted the relevant section of the 1976 act that applies to England and Wales but I would like to add that there are at least two cases where the limitations of those powers of request have been tested in the courts. One is the Kaye case relating to the DSA test the other is Aldrit v Cannock chase which relates to requesting information about insurance details and the resulting actions by the council in refusing a license based on the answer or non answer to that request. _________________________________ Power to require applicants to submit information (1) A district council may require any applicant for a licence under the Act of 1847 or under this Part of this Act to submit to them such information as they may reasonably consider necessary to enable them to determine whether the licence should be granted and whether conditions should be attached to any such licence. (2) Without prejudice to the generality of the foregoing subsection— (a) a district may require an applicant for a driver's licence in respect of a hackney carriage or a private hire vehicle— (i) to produce a certificate signed by a registered medical practitioner to the effect that he is physically fit to be the driver of a hackney carriage or a private hire vehicle; and (ii) whether or not such a certificate has been produced, to submit to examination by a registered medical practitioner selected by the district council as to his physical fitness to be the driver of a hackney carriage or a private hire vehicle; (3) If any person knowingly or recklessly makes a false statement or omits any material particular in giving information under this section, he shall be guilty of an offence. _______________ Although I haven't looked into it yet I understand that in respect of medical examinations there is unrelated equal opportunities or age discrimination legislation that may have negated the need to undertake medical examinations at an Arbitrary age. Regards JD |
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