Minibus licence loophole, is it putting people at risk?

A legal loophole has been found which allows drivers of “public carriage vehicles” who are not subject to a criminal check.

A spokesman for the Department of Transport confirmed it was planning to take immediate action as the loophole would allow “unscrupulous drivers” to legally work even if the local councils have placed a ban on them.

The current rules and regulations mean that drivers of public carriage vehicles are licensed by the DVLA whereas local councils license taxi drivers.

Taxi drivers are required to undergo enhanced criminal record checks when being issued with a license.

The LGA has advised that the loophole meant that drivers who had either been refused a taxi/minicab licence or whose license had been revoked could instead obtain a minibus licence which allows them to operate in the same area.

In some cases, the drivers continued to work for the same company however with a different license.

The LGA has urged the government to change the law, thus removing the loophole and ensuring that vehicles seating 9-16 people were licensed by the local council.

Simon Blackburn from the LGA has expressed that the majority of minibus drivers are ‘trusted by the public’ however the loophole has provided opportunity for ‘questionable’ drivers to work in close proximity to the public even in cases where the council have deemed it not safe to do.

He continued to say “Larger minibuses are often sent in place of a regular taxi to pick up individuals or small parties, purely because they are nearest to the pick-up point rather than because there is a requirement for such a large vehicle.

“They are used to take groups of children to school, or to drive groups home after nights out.

“It is therefore extremely worrying that councils’ proactive work to protect taxi passengers from harm – and particularly those who may be most vulnerable – is being undermined by this loophole.”