NAFN has updated its NR3S guidance addressing circumstances where drivers chose to surrender their licences instead of facing the prospect of a revocation or suspension in order to avoid an NR3S entry.

Writing on its website, NAFN said:

" It has come to our attention that some drivers are surrendering their licenses in order to circumvent a revocation.  This, alongside the valuable insight of James Button, a well-known leading authority on taxi licensing legislation, has prompted an update of the NR3S.

"National Guidance for both England and Wales, Northern Ireland and Scotland.  We have updated the frequently asked questions to reflect this update."

Providing an extract from the updated guidance, NAFN wrote:

Can a driver surrender the licence before the licensing authority makes a decision to revoke or suspend?

If the driver no longer wishes to use their licence, they may allow the licence to expire at the end of its term. Neither the Local Government (Miscellaneous Provisions) Act 1976 nor the Taxis and Private Hire Vehicles (Safeguarding and Road Safety) Act 2022 make any provision for the surrender of a driver’s licence; therefore, the licensing authority must update the register with the decision

The NR3S National User Group took place this month and once again, we were delighted to have so many licensing leaders in attendance. Highlights of the meeting included the update from the Department for Transport regarding the action to take in the event of an appeal and whether it should be removed from the NR3S following a different decision from the Court. It was agreed, for consistency and to align with the Department of Transport's interpretation of the legislation and statutory guidance, all licencing authorities in England are advised to follow the below FAQ response.

What if an appeal has been made against a licensing authority’s decision?

If an appeal is made against the decision, the record must remain on the NR3S. Until a verdict has been issued from the Court, the decision of the licensing authority stands.
 
What must happen if the appeal is successful?

If the appeal is successful, the record must be removed from the NR3S. The Nominated Single Point of Contact for the licensing authority must contact NAFN at licencehelp@nafn.gov.uk to request deletion of the record, as the decision has been overturned.  Removal requests must include the following details:

• LA Case Reference:
• Driver Name:
• Reason for removal:

Licensing authorities in England are required to do this as soon as practicable after becoming aware of the change to the decision.