More Than a Licence, It's Your Livelihood: Defending Your 'Fit and Proper' Status

More Than a Licence, It's Your Livelihood: Defending Your 'Fit and Proper' Status

Blog Article

For a professional driver, your most valuable asset isn't the vehicle you drive or the knowledge of the local streets; it's your reputation. In the highly regulated world of taxi and private hire, this concept is formalised into a single, powerful legal standard: the "fit and proper person" test. This is the cornerstone of all licensing decisions, and a council's belief that you no longer meet this standard is a direct threat to your career.
When you face a licensing issue, it's rarely about a simple mistake. The council is, in effect, challenging your character and your suitability to be trusted with the public's safety. Understanding how to defend your "fit and proper" status is therefore essential. At TMC Solicitors, our specialist taxi licensing solicitors don't just handle cases; we defend careers. This guide explores the common challenges to a driver's status and the legal strategies used to protect your livelihood.
The 'Fit and Proper' Test: The Cornerstone of Taxi Licensing
Every decision a council licensing committee makes hinges on this one test. But what does it actually mean? There is no single legal definition, which gives councils broad discretion. In practice, being "fit and proper" is a holistic assessment of your character. It includes:
Honesty and Integrity: Can you be trusted with money, property, and sensitive information?
Safety and Professionalism: Is your driving record safe? Do you treat passengers with respect?
Public Trust: Can the council confidently state that any member of the public, including vulnerable people, would be safe in your vehicle?
When your licence is under threat, it is because an event has occurred that has caused the council to question you against this standard.
The Challenge: A Historical Criminal Conviction
The Scenario: You have applied to renew your licence, and a historical criminal conviction from many years ago, perhaps for an offence completely unrelated to driving, has been flagged on an enhanced DBS check. The council is now suggesting you are not a fit and proper person.
The Defence Strategy: This is a common and frightening scenario. The strategy here is not to hide the past, but to contextualise it. Expert taxi licensing solicitors will build a case to show that the conviction is an isolated event in your past and not a reflection of your current character. This involves gathering powerful evidence of your rehabilitation, such as:
Demonstrating a long, unblemished record of good conduct since the offence.
Providing glowing character references from respected community figures, employers, or long-standing customers.
Presenting the full context of the original offence to show it was an out-of-character mistake.
The goal is to prove that you have changed and that you are, today, a person of the honesty and integrity required.
The Challenge: An Accumulation of Driving Offences
The Scenario: You have accumulated 6, 7, or more penalty points on your DVLA licence for a series of minor speeding or traffic light offences. The council argues that this demonstrates a pattern of disregard for the law and makes you unfit to be a professional driver.
The Defence Strategy: Here, the solicitor's role is to separate the DVLA penalty point system from the "fit and proper" test. A driver can accumulate points for minor lapses in concentration without being a genuinely reckless or unsafe individual. The legal argument will focus on:
The nature of the offences—are they minor speeding infringements or more serious offences?
Your overall professional driving record—how many years have you driven professionally without incident?
Context—were the points accumulated during a difficult personal period or over many years of high-mileage driving?
The aim is to show the committee that the points are an anomaly, not the norm, and do not detract from your overall professionalism and safety as a driver.
The Challenge: A Complaint from a Member of the Public
The Scenario: A customer has made a formal complaint against you, alleging anything from rude behaviour and overcharging to unsafe driving. The council is taking the complaint seriously and is considering suspending your licence pending a hearing.
The Defence Strategy: The first role of taxi licensing solicitors in this situation is to ensure due process and fairness. Is the complaint credible? Is there any corroborating evidence, such as CCTV footage or another witness, or is it simply one person's word against another's? They will help you draft a formal, professional, and non-emotional response to the allegation. They will also gather evidence to support your side of the story, such as data from your vehicle's telematics, testimonials from other customers who have had positive experiences, or your own clear account of the event. They ensure that a single, potentially malicious or mistaken complaint does not destroy a long and successful career.
Defending your licence is defending your character. At TMC Solicitors, we are experts in building these crucial cases. Our team of specialist taxi licensing solicitors understands what councils are looking for and how to present your case in the most powerful and persuasive light. If your "fit and proper" status is being challenged, contact us today and let us protect your reputation and your livelihood.