Revocation of Driver Licences (Agenda Item 6)
Report of the Assistant Director for Community.
The Licensing & Business Support Manager tabled the following procedures for the Licensing Officers to use if they had to exercise their delegated powers to revoke or suspend a licence.
- All intelligence will be from a creditable source only and be restricted to the police i.e. Police Disclosure Unit and GP/qualified medical officer. Cases could include charges of rape, other sexual related incidences, violent attacks or medical related issues which mean the driver no longer meets the DVLA group 2 standard.
- Reports from the public of a serious nature will be either informed to the police or an investigation completed and taken to a future committee panel for final decisions - this will depend on what the complaint is.
· On receipt of the information from the police or medical practitioner the driver will be contacted by an officer to be made aware of the allegation and requested to attend the office to discuss the report and put forward his/her case - all reasons will be recorded in writing. A minimum period of 2 hours will be provided and all methods of communicating the appointment will be explored e.g. telephone calls, voice mails, text, a visit to the home or a combination of these methods. All interviews are to be conducted in the council offices and only in extreme medical situations the officer should attend their home accompanied by another member of staff. All dealings with the driver will be conducted with two members of staff and if felt relevant due to the nature of the incident with the police or other alternative person to ensure no one is placed in any danger.
· If the driver decides not to attend the meeting the matter is still dealt with in their absence and will not delay the decision making process – this decision needs to be recorded.
A decision would be made by the Licensing Officer or Assistant Licensing Officer, a Senior Officer (Licensing Manager or Head of Service), a member of CMT and the Chairman or Vice Chairman of the Appeals committee (or as many as could be contacted).
- Once the decision by the parties above has been agreed the licensing officer or the licensing manager has the relevant delegation to sign any revocations/ suspensions required.
- All decisions and actions should be taken within 48 working hours and ideally within 24 hours of receipt of the information.
- If a drivers licence is revoked and later is found to be not guilty/ no longer relevant etc and is confirmed by the police/ medical officer the team will deal with the matter as a priority to get the licence re-instated. If there is a period of time left on the licence at the point of revocation this will be the time reinstated on the licence issue and the department will not charge for such licence.
- Case will be discussed with legal advice if required and determined on each case as required.
The procedures complied with best practice and included an opportunity for a fair hearing, consultation and transparency.
The procedure regarding home visits was discussed. Members were very concerned about possible safety issues and it was clarified that such visits would only be made where medical reasons made it impossible for the licence holder to reach the Council offices. Visits would never be made by an officer on their own.
The Chairman hoped that it would never be necessary to use the delegated powers but thought it was good to have procedures ready.
It was clarified that if the licence holder refused to attend the Council offices they would be warned that the decision would be made in their absence.
RESOLVED that the procedures be adopted for use in urgent cases where, to protect the public, it appeared likely that a Driver’s Licence should be revoked or suspended immediately.