Agenda item

Members were presented with and asked to consider a report which would allow officers to suspend driver licences with immediate effect under the provisions of Section 61(2B) of the Local Government (Miscellaneous Provisions) Act 1976 in relation to a driver’s medical fitness where public safety was deemed to be a relevant consideration.

In line with DVLA guidelines, the Council applied the DVLA Group 2 driver standards for the medical fitness of hackney carriage and private hire drivers.  This was a higher medical standard than that required of drivers of other motor vehicles and was required due to the length of time the driver may spend at the wheel and the responsibility they had for the safety of their passengers and the public. A medical assessment was not needed for those with a provisional or current HGV entitlement on the understanding a medical examination had already been carried out to gain this entitlement.

As well as medical assessments carried out to DVLA Group 2 driver standards, officers also used the Department for Vehicle Licensing Authority (DVLA) document: Assessing Fitness to drive a guide for Medical Professionals.

It was proposed the power to suspend a driver licence relevant to public safety and with immediate effect under the provisions of Section 61(2B) of the Local Government (Miscellaneous Provisions) Act 1976 be delegated to officers when:

- medical information was received meaning a driver did not currently meet group 2 DVLA medical standards

- concerns over a drivers ability to meet group 2 medical standards were raised and a medical assessment must be arranged

- notification of medical status was received and the DVLA guidance document to assess medical fitness stated a licence should be suspended

- any refusal to undertake or provide a compliant medical assessment.

The proposed delegation streamlined the decision and administration process to ensure public safety as agreement of a delegated decision could take 48 hours. In addition, this immediate suspension process could be used outside of the office environment, when producing a written delegated decision was impractical.

The proposed delegation would mirror the delegation agreed by this committee in March 2020, to allow the immediate suspension of a driver licence when a positive drug screening sample was given or a refusal to provide a specimen of saliva for a drug screen sample.

There had been no adverse issues from this current practice, any individual who had been suspended under the delegation had returned a positive back to lab sample and had then had their licence revoked.

Brief discussion was had around how officers made the decision to suspend. Officers explained a decision would be made following the receipt of relevant information and was not based on officers opinion.

A vote took place and the proposed officer delegation was agreed.

RESOLVED that members agree to allow officers to suspend driver licences with immediate effect under the provisions of Section 61(2B) of the Local Government (Miscellaneous Provisions) Act 1976 in relation to a drivers medical fitness where public safety is deemed to be a relevant consideration.