NR3 has been developed to improve public safety and confidence in hackney carriage and private hire vehicle (PHV) licensing.
There have been numerous high profile cases where drivers who have been refused licences or had a licence revoked in one area have gone to another area and received a licence in that area by failing to disclose their previous history.
This undermines public safety, if there are legitimate reasons why a licence was refused or revoked, and damages confidence in the hackney carriage/PHV licensing regime and trade.
This is why the initiative has been widely supported by reputable drivers and firms, as it will provide a mechanism for ensuring information about refusals and revocations can be shared between all licensing authorities in a safe and secure way, removing this potential loophole.
When an authority revokes a licence, or refuses an application for one, it will record this information on NR3. The information recorded will be limited to:
Licensing authorities will then search the register when they are processing new applications or renewals. Where an authority finds a match for their applicant on NR3, it will contact the licensing authority that recorded the entry to seek more information, which, if shared, will then be used to help reach a decision on the application.
No. Licensing authorities are legally required to consider each licence application on its own merits, and cannot refuse an application simply because an applicant may be recorded on NR3.
The purpose of NR3 is to ensure that authorities have the full information necessary to help them reach a decision on whether an individual is fit and proper.
If circumstances have materially changed since the decision that has been recorded on NR3, it may be appropriate for another authority to award a licence.
Suspensions of licences will not be recorded on NR3.
Individuals whose details are added to NR3 will be notified of this at the point at which they are advised of the decision to refuse or revoke a licence.
Outside of these times, an individual can make a subject access request (SAR) for any of their personal data held on NR3.
The ‘data controller’ in respect of this data is this licensing authority, to whom a SAR should be submitted in the first instance.
As the ‘data processor’, that is the organisation storing the data, the National Anti-Fraud Network will fulfil this request. Similarly, the exercise of any other rights provided under data protection legislation should be made to this authority in the first instance.
Data will be retained on the register to help licensing authorities fulfil their statutory duty to be satisfied that a person is a fit and proper person to hold a hackney carriage or PHV licence.
In accordance with this purpose, data will remain on NR3 for 25 years.
Currently, drivers of designated WAVs may apply for an exemption certificate on medical grounds or where their physical condition makes it impossible or unreasonably difficult to perform the section 165 duties. Exemptions are currently granted from all of the duties at section 165.
As a result of the Act:
2. Requirements for drivers and operators
The existing legislation requires drivers of designated wheelchair accessible vehicles to accept the carriage of wheelchair users, provide them with reasonable mobility assistance, and refrain from charging them more than other passengers. All taxi and PHV drivers and operators – regardless of whether the vehicle is wheelchair accessible – will be subject to duties under the Equality Act.
The main changes are set out below. Taxi and PHV drivers will be required to:
PHV operators will be required to:
The tax check service is available for licence applicants to do their tax check.
As you are aware, this tax check will be a new addition to the checks that licensing bodies already have in place, and it will need to be completed when people are renewing their licences to:
· Drive taxis or private hire vehicles;
· operate private hire vehicle businesses;
· deal in scrap metal.
If applicants are unable to complete the tax check online they can get help from HMRC - for example if they need information in a different format or need help filling in forms. They should visit GOV.UK ‘Get help from HMRC if you need extra support’.
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