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Taxi driver medicals report PPSL

Argyll and Bute Council · 30 June 2022
Back to Argyll and Bute Council — 30 June 2022 and its agenda

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ARGYLL AND BUTE COUNCIL PLANNING, PROTECTIVE          
SERVICES AND LICENSING
COMMITTEE 
LEGAL & REGULATORY SUPPORT  23RD MARCH 2022
CIVIC GOVERNMENT (SCOTLAND) ACT 1982
TAXI DRIVER/PRIVATE HIRE CAR DRIVER MEDICALS AND DELEGATION FOR
SUSPENSION OF LICENCE 
1.  INTRODUCTION 
1.1     This report relates to the requirement for medicals for taxi/private hire car drivers in 
terms of the Civic Government (Scotland) Act 1982. 
2.  RECOMMENDATIONS 
2.1  This report invites the Committee to agree to consult private hire/taxi drivers and
operators by writing to them seeking their views on the proposed amended procedure for
taxi/private hire car driver medicals. 
2.2     That the Committee agree to recommend to the Council that a delegation be given to the
Executive Director with responsibility for Legal and Regulatory Support in consultation
with the Chair and Vice Chair of the Committee to immediately suspend a licence in terms
of paragraph 12(1) of Schedule 1 of the Civic Government (Scotland) Act 1982 if they
determine that the circumstances of the case justify immediate suspension, on the
grounds of undue public nuisance or a threat to public order or public safety. 
3.  BACKGROUND 
3.1  In terms of section 13(4) of the Civic Government (Scotland Act) 1982 a licensing
authority may, at any time, for the purposes of satisfying themselves that he is physically
fit to drive a taxi or, as the case may be, private hire car, require an applicant for or holder
of a taxi driver’s licence or private hire car driver’s licence to submit to medical
examination, at their expense, by a medical practitioner nominated by them. 
3.2     Originally when the Act came into force Group 1 driving licence standards were applied and
those drivers who required medicals obtained written confirmation of their fitness to drive
from their GP and submitted this with their application. 
3.3.     In April 2016 the DVLA issued guidance to Licensing Authorities which recommended that
taxi drivers and private hire car drivers should be medically assessed to a Group 2 driving
licence standard as required for lorry and bus drivers.  In November 2016 the Scottish
Government wrote to the Conveners of all Licensing Authorities in Scotland specifically
directing them to the updated guidance issued by DVLA.  The Scottish Government Best
Practice Guidance was amended to recommend Group 2 Standards should apply and this
was adopted by the Council. 
3.4    Currently applicants aged 65 years and over who are making an application for a
taxi/private hire driver’s licence will be required to submit a medical certificate in form D4. 
This certificate is obtained by the applicant from their GP and any charge levied met by
the applicant. Group 2 standards of the medical aspects of fitness to drive booklet applied
by DVLA in relation to bus and lorry drivers are applied to taxi drivers in Argyll and Bute.

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Applicants requiring insulin treatment for diabetes need to provide evidence supporting C1
medical standards. Should an applicant reach their 65th birthday during the period of the
licence, a medical certificate will also require to be produced at that time at a cost to the
licence holder.    
Initially, GP’s were prepared to confirm whether or not the Applicant met the required
standards. However, over time they have advised that they are not prepared to confirm
this, stating that this is a decision for the DVLA. However the DVLA do not determine the
outcome of this process, rather Council’s administering the process require to ensure that
the medical is determined in accordance with the requirements to a Group 2 driving
licence standard. 
3.5     This has resulted in the D4 forms used for Group 2 licences being completed by the GP
without any recommendation as to fitness to drive. 
4. CONSIDERATION 
4.1  Consideration has been given to a more robust process and it has been ascertained that
a private company are prepared to assess drivers and advise on their fitness to drive. 
4.2    This would require applicants to attend an appointment at a central location rather than
attend their GP as at present. The locations would be in Glasgow, Oban, Helensburgh,
Campbeltown and Dunoon. 
4.3     Currently applicants pay GP’s £125 for the completed D4 Form. The fee for a medical in
terms of the new process would be in region of £50. This would be met by the Council. 
4.4      Currently approximately 10 to 15 medicals are required in any year. 
4.5      Consultation as part of the Equality and Socia-economic Impact assessment will require to
be carried out with taxi/private hire drivers and operators on the proposed new
arrangements and a further report placed before members once this consultation has
been completed. It is recommended that this consultation take place by writing to them
asking their views on the proposal. The period for response will be 1 month. A copy of the
Equality and Socia-economic Impact assessment is attached to this report as Appendix 1.
It will be updated following the consultation. 
4.6      As a consequence of considering the position regarding medicals it is currently noted that 
within the Council’s Scheme of Delegation there is no delegation to the Executive Director
with responsibility for Legal and Regulatory Support to consider the immediate
suspension of a licence. This is competent in terms of paragraph 12(1) of Schedule 1 of
the Act if a licensing authority determine that the circumstances of the case justify
immediate suspension.  This can be on grounds of undue public nuisance or a threat to
public order or public safety; it is recommended that members recommend to the Council
that this delegation be made as this would allow a licence to be suspended immediately if
for example a driver did not meet the Group 2 standard.   
5. CONCLUSION 
5.1  A further report will be placed before members following the consultation.  Should the
Committee agree that the new procedure should be adopted then it will be implemented
from 1st July 2022. 
5.2     That the Committee agree to recommend to the Council that a delegation be given to the
Executive Director with responsibility for Legal and Regulatory Support in consultation
with the Chair and Vice Chair of the Committee to immediately suspend a licence in terms

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of paragraph 12(1) of Schedule 1 of the Act if they determine that the circumstances of the
case justify immediate suspension, on the grounds of undue public nuisance or a threat to
public order or public safety 
6. IMPLICATIONS 
6.1  Policy: If the recommendations of this report are approved, a number of policies will be                            
developed in relation to medicals for taxi/private hire drivers 
6.2 Financial: None 
6.3  Legal: The recommendations made in this report have taken due consideration of the 
Council’s statutory role, duties and powers under the Civic Government (Scotland)   
Act 1982. 
6.4  HR: None 
6.5  Fairer Scotland Duty: 
6.5.1   Equalities - protected characteristics: An Equisa has been completed and will be
updated following the results of the consultation with drivers and operators of taxi
and private hire cars 
6.5.2   Socio-economic Duty: 
6.5.3  Islands:  impact on drivers in rural /island areas as would require to attend central
location rather than their local GP. 
6.6 Climate Change: None 
6.7 Risk: None 
6.8  Customer Service: 
DOUGLAS HENDRY
Executive Director with Responsibility for Legal and Regulatory Support 
Policy Lead: Councillor David Kinniburgh – Planning and Regulatory Services 
DATE 23-02-2022 
For further information contact:  Sheila MacFadyen. Senior Solicitor – Legal Services
Email: sheila.macfadyen@argyll-bute.gov.uk 
Tel: 01546 604265 
Appendix 1 – Argyll and Bute Council: Equality and Socio-Economic Impact Assessment

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APPENDIX 1 
Argyll and Bute Council: Equality and Socio-Economic Impact Assessment 
Section 1: About the proposal 
Title of Proposal
Taxi /private hire car driver medicals 
Intended outcome of proposal 
To have more robust policy for medicals 
Description of proposal
To have medicals for taxi/private hire drivers carried out by a private company rather than
by their GP’s 
Business Outcome(s) / Corporate Outcome(s) to which the proposal contributes 
Lead officer details: 
Name of lead officer Sheila MacFadyen
Job title Senior Solicitor
Department Customer Services 
Appropriate officer details: 
Name of appropriate officer DAVID LOGAN 
Job title Head of  Legal and Regulatory Support
Department Customer Services 
Sign off of EqSEIA 
Date of sign off 01/03/2022 
Who will deliver the proposal? 
Legal services licensing team 
Section 2: Evidence used in the course of carrying out EqSEIA 
Consultation / engagement 
Consultation will take place with current licence holders before proceeding with the
proposal 
Data

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Other information 
Gaps in evidence 
Section 3: Impact of proposal 
Impact on service users: 
Negative No
impact
Positive  Don’t
know
Protected characteristics:     
Age     
Disability     
Ethnicity  x   
Sex  x   
Gender reassignment  x   
Marriage and Civil Partnership  x   
Pregnancy and Maternity  x   
Religion  x   
Sexual Orientation  x   
Fairer Scotland Duty:     
Mainland rural population  x   
Island populations  x   
Low income   x   
Low wealth  x   
Material deprivation  x   
Area deprivation  x   
Socio-economic background  x   
Communities of place  x   
Communities of interest  x   
If you have identified any impacts on service users, explain what these will be. 
If any ‘don’t know’s have been identified, at what point will impacts on these groups
become identifiable? 
Impact on service deliverers (including employees, volunteers etc): 
Negative No
impact
Positive  Don’t
know
Protected characteristics:     
Age  X   
Disability  X   
Ethnicity  X   
Sex  X   
Gender reassignment  X   
Marriage and Civil Partnership  X   
Pregnancy and Maternity  X

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Negative No
impact
Positive  Don’t
know
Religion  X   
Sexual Orientation  X   
Fairer Scotland Duty:     
Mainland rural population X    
Island populations X    
Low income   X   
Low wealth  X   
Material deprivation  X   
Area deprivation  X   
Socio-economic background  X   
Communities of place  X   
Communities of interest  X   
If you have identified any impacts on service deliverers, explain what these will be.
Taxi drivers/private hire car drivers will have to attend appointment at mainland central
locations which will be more expensive for them rather than attending their own GP.
However, they will not have to pay for the medical which will be cost saving. 
If any ‘don’t know’s have been identified, at what point will impacts on these groups
become identifiable? 
How has ‘due regard’ been given to any negative impacts that have been identified?
The specialist provider is not able to provide the service in remote locations and in any
event, it considered that if a specialist provider were able to do so, to carry out medicals in
every location would be prohibitively expensive. 
Section 4: Interdependencies 
Is this proposal likely to have any knock-on effects for
any other activities carried out by or on behalf of the
council? 
NO 
Details of knock-on effects identified 
Section 5: Monitoring and review 
How will you monitor and evaluate the equality impacts of your proposal?
Will monitor  on annual basis whether medicals being done and whether any reduction in
taxi /private hire drivers as result of new policy