The Local Government Association (LGA), the representative body for local councils, has commissioned a new national register of taxi licence refusals, revocations and suspensions (NR3S). The register will be hosted by the National Anti-Fraud Network (NAFN). The intention is to prevent drivers who have had a Hackney Carriage or Private Hire drivers licence revoked, suspended or an application for one refused, going to another council to dishonestly obtain a licence by failing to disclose their previous licensing history. It is hoped that use of the register will improve public safety and confidence in hackney carriage and private hire licensing.
What is the National Register of Taxi Licence Refusals, Revocations, and Suspensions?
The National Register of Taxi Licence Refusals, Revocations, and Suspensions Register (or the NR3S Register, for short) is a register of information about times when a licensing authority has refused, suspended, chosen not to renew, or revoked a taxi or PHV driver’s licence, based wholly or in part on information about the driver regarding safeguarding or road safety.
Who runs the Register?
The Register is run by the National Anti-Fraud Network Data and Intelligence Services (“NAFN”). NAFN is a not for profit, unincorporated body formed by its members to provide services which support their work in the protection of the public interest. NAFN staff are employees of Tameside Metropolitan Borough Council (“Tameside”).
What is the legal basis for the Register?
The legal basis for the Register is the Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022. Section 4 of the 2022 Act provides for the existence of the Register and gives the Secretary of State power to designate a person to run it. NAFN has been designated under this section.
Who actually runs the Register?
The work of running and maintaining the Register is carried out by Tameside, which works closely with NAFN.
Did the Register exist before the 2022 Act?
Yes. The Register was set up on a voluntary basis in 2018, and was run by NAFN and Tameside on behalf of licensing authorities. The 2022 Act puts the Register on a statutory footing.
The Register was originally known as the National Register of Taxi Licence Revocations and Refusals (or the NR3 Register). It has been enhanced to meet the requirements of the 2022 Act, and rebranded as the National Register of Taxi Licence Refusals, Revocations, and Suspensions (or the NR3S Register).
Which authorities can use the Register?
The 2022 Act says that the following can search the database, make entries in it, and amend, remove and reinstate entries that they have made:
- Licensing authorities;
- Relevant authorities;
- The Department for Infrastructure in Northern Ireland.
“Licensing authorities” means public authorities in England which have licensing functions under any of the following:
- sections 37 to 68 of the Town Police Clauses Act 1847
- the Metropolitan Public Carriage Act 1869;
- the Plymouth City Council Act 1975;
- Part 2 of the Local Government (Miscellaneous Provisions) Act 1976;
- section 13 of the Private Hire Vehicles (London) Act 1998.
“Relevant authorities” means:
- a district council in Wales;
- a licensing authority within the meaning of section 2 of the Civic Government (Scotland) Act 1982
Who adds information to the Register?
Information is added by the authorities listed above.
When a licensing authority decides to do any of the following, based on certain specified information about safeguarding or road safety:
- to refuse a person's application for a driver's licence;
- to refuse a person's application for the renewal of a driver's licence;
- to suspend a person's driver's licence;
- to revoke a person's driver's licence.
- then it must add information to the Register about its decision.
What information does the licensing authority have to add to the Register?
The licensing authority must add the following information about the person whose licence it has refused, suspended or revoked:
- the person's full name, date of birth, home address and national insurance number;
- if the person holds a licence to drive a motor vehicle granted under Part 3 of the Road Traffic Act 1988, the driver number shown on the licence;
- if the person holds a Northern Ireland driving licence, the driver number shown on the licence;
- if the person holds a Community licence, the number of the licence;
- the name of the licensing authority and details of how further information about the decision can be obtained from the authority;
- the date on which the decision was made and (if different) the date on which it takes effect;
- the date on which any subsequent change to the decision was made and (if different) the date on which it takes effect;
- if the decision is to suspend the person's driver's licence for a period, the date on which the suspension is to end;
- any other information that the Secretary of State prescribes by regulations.
Who has to check the Register?
Before making a decision on a person's application for a taxi or PHV licence (or for renewal of such a licence), a licensing authority must check the Register for entries about that person. If there is an entry the licensing authority must write to the authority that made the entry, asking for the relevant information on which the recording authority based its decision about the person; and the authority that made the entry must provide it with that information.
Will I automatically be refused a taxi or private hire vehicle licence if there is information about me on the Register?
No. Licensing authorities are legally required to consider each taxi and PHV driver licence application on its own merits, and cannot refuse an application simply because an applicant is recorded on the NR3S Register.
The purpose of the Register is to ensure that authorities have the full information necessary to help them reach a decision on whether an individual is ‘fit and proper’ to have a licence. For instance, if circumstances have materially changed since the decision that has been recorded on the Register, it may be appropriate for another authority to award the same individual a licence.
Can the information on the Register be used for any purposes other than those referred to above?
The 2022 Act says that the person running the Register must make sure that the information in the Register is disclosed only for:
- the safeguarding of passengers; and
- road safety.
Can members of the public consult the Register?
No. This is because of what the 2022 Act says about the purposes for which the information in the Register can be disclosed.
Do licensing authorities share information with each other directly as well as via the Register?
Yes. The 2022 Act deals with a situation where an English licensing authority becomes aware of certain specified information about safeguarding or road safety, regarding a taxi or PHV driver who has driven in its area relying on a licence granted by another authority.
In some circumstances, the authority that becomes aware of that information must share it with the authority that granted the licence.
The latter authority must then consider whether to suspend or revoke the driver’s taxi or PVH licence.
How do I find out if information about me is held on the Register?
Under the data protection legislation, you can make a “subject access request” to NAFN or to any authority that you think may have put information about you on the Register, asking to see the information about you that is held on the Register.
How long is information kept on the Register?
The 2022 Act says that an entry on the Register should be kept for 11 years from the time when it was first made.
Is the Register governed by data protection law?
Yes. The relevant law is set out in the UK General Data Protection Regulation (“UK GDPR”) and the Data Protection Act 2018 (“DPA 2018”). These apply in relation to the personal data that is held on the Register. UK GDPR and DPA 2018 impose obligations on:
- NAFN;
- The authorities that provide information to the Register, and consult it; and
- Tameside.
NAFN and the authorities are “joint controllers” of the information contained in entries on the Register. Authorities that consult the Register are “controllers” in relation to their access to and use of the data they consult. Tameside is a “processor”, operating the Register so that the authorities can add information to it and consult it.
Can I find out more about how licensing authorities comply with data protection legislation as regards the Register?
Yes. Under the UK GDPR, controllers of personal data must provide certain specified information about how they process this information. This is often referred to as a “privacy notice”. You should be able to see the relevant privacy notice on the website of each licensing authority.
