CARDIFF COUNCIL Agenda No. CYNGOR CAERDYDD

PUBLIC PROTECTION COMMITTEE: 6 July 2010

Report of the Chief Strategic Planning and Environment Officer

HACKNEY CARRIAGE AND PRIVATE HIRE DRIVER ENGLISH LANGUAGE SKILLS.

1. Background

1.1 At previous meetings of the Committee concern has been expressed about the ability of individual licence holders and applicants for licences to understand and communicate in the English Language.

1.2 This report is to provide details of the current requirements of the application procedure in respect of an applicant’s ability to communicate and to consider how the existing processes can be improved.

2. Applying for a Drivers Licence.

2.1 Under Sections 51 and 59 of the Local Government (Miscellaneous Provisions) Act 1976 licensing authorities are required to ensure that persons issued licences to drive hackney carriages and private hire vehicles are “fit and proper” with suitable skills and abilities to be able to provide a hire and reward passenger service to the community as a whole in .

2.2 Cardiff is a cosmopolitan city with residents and visitors from many nationalities with an understanding of many languages in addition to Welsh and English. However English is the language most often used by prospective passengers. It is considered important that every Cardiff licensed driver should be able to communicate effectively with passengers in the English language. Without this ability, they will not be able to adequately serve their customers, or represent the city. They could also fail to meet the statutory requirements placed upon them. It is also important that drivers continue to be able to read maps and read other information, calculate fares and provide receipts, essential to providing good customer care to passengers.

2.3 The current application procedure for the grant of a hackney carriage / private hire driver’s licence consists of the following stages:

a) Provision of evidence of successfully undertaking a DSA Taxi Drivers driving test. b) Production of evidence of having successfully completed a BTEC taxi driver’s course. c) Production of a DVLA driving licence history printout. d) Production of a Certificate of Medical Fitness. e) Submission of a completed application form. f) Produce a current DVLA Driving Licence (Card and the paper counterpart) g) Provide four recent passport type photographs h) Production of satisfactory documentary evidence to prove identity and of the right to work in the country. i) Submission of a completed Criminal Records Bureau Disclosure Form j) Successfully completing a written street knowledge test, taken under examination conditions. k) Satisfying a Licensing Enforcement Officer of their knowledge of the streets of Cardiff at a verbal street knowledge test. l) Having no relevant serious Driving or Criminal Convictions. m) Undertaking Disability Awareness Training.

2.4 The applicant’s ability to communicate in written and spoken English is tested by Licensing Enforcement Officers at the street knowledge test stages. It would also be unlikely that any person without a knowledge and understanding of the English language would be able to successfully complete the BTEC course, however this is a recent requirement having been introduced on 1 January 2010.

3. The Cardiff Knowledge Test.

3.1 The public expect a hackney carriage driver in particular to have an excellent knowledge of the City and to be able to take them to any place requested. To ensure that all applicants are able to satisfactorily communicate and have a knowledge and understanding of the City applicants have to undertake a two part street knowledge test administered by Licensing Enforcement Officers. The test is comprised of both a written knowledge test and an oral test and is conducted in the English language.

3.2 The written test is in four parts testing the applicant’s knowledge of licensing law, the location of buildings and places of interest in Cardiff, the location of streets and ability to use an A to Z to find locations. A sample paper is attached as Appendix A. There are a number of different papers which are in use. Written tests are arranged to take place on a Wednesday and are conducted over two hours in City Hall under examination conditions. As can be seen the test requires a detailed understanding of the English language by candidates.

3.3 Once the candidate passes a written test an oral test is arranged. Oral examinations are one to one interviews between the candidate and a Licensing Enforcement Officer and last for about 45 minutes. The examiner will ask the applicant to indicate the shortest most direct route between fifteen sets of starting and finishing locations. The examiner tests the applicant’s knowledge and understanding of English by asking questions during each route. A sample of the type of route questions asked are detailed in Appendix B.

3.4 Candidates who are unable to pass a street knowledge test after three attempts have their application for a licence refused.

3.5 During the period January to October 2009 269 candidates took the written test and 121 failed a failure rate of about 45%. In the same period 208 candidates undertook the oral test of which 69 candidates failed the test a failure rate of approximately 33%.

4. Assessing an Applicants Understanding of English.

4.1 Many authorities do not consider it appropriate to require applicants for licences to undertake street knowledge tests for reasons such as the rural nature of the authority for example. Of those that do require a street knowledge test some also require the applicant to demonstrate an understanding of the English language.

• Bristol – require applicants to obtain an essential skills certificate from the authority’s adult learning department. • Bournemouth – require applicants to undertake a literacy test as part of the “Skills for Life” level two qualification provided by their adult learning department. • Swansea – require applicants for new licences to complete a multi-choice questionnaire as part of a basic English test. • Leeds – require applicants to complete a literacy test carried out by a local college, which is similar to the test to become a naturalised citizen. • Vale of Glamorgan – Basic English test is required before application is accepted (sample paper attached as APPENDIX C). • Manchester – require applicants to have English language skills assessed by their adult learning centre. • Kingston Upon Hull – require applicants to be assessed for literacy and if concerns are raised require them to undertake a basic English course. • Manchester – carry out a skills assessment and provide free training to those who are unable to meet the basic requirement.

4.2 There are many national qualifications which would indicate that the holder has a good understanding of the English Language. These include:

• General Certificate of Education • Bachelor Degrees with honours • BTEC First Diplomas and • Graduate certificates and graduate Certificates diplomas • Diplomas of higher or further • Masters Degrees education • Postgraduate Certificates and • National Vocational Qualifications Diplomas • International Baccalaureate • Doctorates

The role of a licensed driver can however be attractive to persons who do not have a background of formal qualifications but do have an excellent understanding of the English language.

4.3 Where English is not an individual’s main language there are courses on English for speakers of other Languages (ESOL). The courses involve speaking and listening in English, reading and writing, vocabulary and punctuation and grammar. The ESOL course is a part of the national Skills for Life qualifications are designed to meet this need. Courses are delivered at many colleges and adult training or community education centres in Cardiff. In general the tests involve National Basic Skills tests which can be taken on paper or on screen using a computer. The tests last for one hour and consist of 40 multiple choice questions. For each question, there are four possible answers. There are a number of levels, the first of which the entry level has three sub levels. At level three of the entry level the candidate will be expected to have a basic knowledge and skills to communicate in English and the ability to apply learning in everyday situations in a range of occupations.

4.4 Applicants who are unsuccessful in convincing the authority that they have sufficient understanding of the English language have a right to appeal to the courts in respect of a subsequent refusal to grant a licence.

5. Options in respect of the Cardiff Knowledge Test.

5.1 The authority has a number of options in dealing with the matter which include:

Option Reason Taking No Action The current knowledge test provides an adequate assessment of a candidates understanding of English language. The adoption of a mandatory BTEC training requirement will ensure that applicants understand English.

Add a specific literacy test to Applicants would need to complete an additional element the existing written part of of the knowledge test to satisfactorily demonstrate the knowledge test. adequate English literacy skills. A sample test page is attached as APPENDIX D.

Introduce an educational To ensure that applicants for licences have attained a qualification requirement for qualification which provides an indication that they have applicants. a knowledge and understanding of the English Language.

6. Achievability

6.1 The report contains no personnel or property implications.

6.2 It could be argued that the introduction of a literacy test would make it more difficult for applicants who suffer from disabilities which affect their numeracy or literacy skills or those whose first language is not English. However, the level of literacy and numeracy required is relatively low when balanced against the importance of driver’s being able to communicate in English in terms of their being able to provide an adequate service to the public.

7. Legal Implications

7.1 The legislative regime requires that before the Council grants a hackney carriage or private hire driver’s licence it must be satisfied that the applicant is a fit and proper person to hold such a licence.

8. Financial Implications.

The licensing service is required to be self financing with all expenditure being met from fees and charges which are reviewed annually. At this stage it is not possible to identify if there will be any direct financial implications arising from possible changes to the assessment system.

9. Recommendation

9. It is recommended that the Committee consider the issue and indicate the preferred option from those identified in the report so that a proposal can be identified and appropriate consultation undertaken.

SEAN HANNABY 26 February 2010 CHIEF STRATEGIC PLANNING AND ENVIRONMENT OFFICER

This report has been prepared in accordance with procedures approved by Corporate Managers.

1. Background Papers: None APPENDIX A

FOR OFFICIAL USE ONLY

Name: Applicant No: Date:

CARDIFF COUNTY COUNCIL

WRITTEN KNOWLEDGE TEST NUMBER 1

To be completed by the applicant

Full Name ______

Address ______

______

______

Signature ______Date ______

To be completed by examiner

TOTAL MARKS (PASSMARK 80)

PART 1 (possible 40)

PART 2 (possible 30)

PART 3 (possible 26)

PART 4 (possible 4)

TOTAL SCORE

PASS FAIL

Signature of examiner ______Date ______

ADDITIONAL REMARKS

PART I – HACKNEY CARRIAGE & PRIVATE HIRE LEGISLATION

The applicant is requested to answer all 20 questions. Where a question consists of multiple choice answers, please circle the answer you think is correct.

HACKNEY CARRIAGE/PRIVATE HIRE DRIVERS FOR 1. When driving a Hackney Carriage, who is responsible to see to it that the vehicle is licensed, and carrying the required items issued by the Council? OFFICIAL

a) The Council c) The owner of the vehicle USE ONLY b) The driver d) The Police

2. Where must your Hackney Carriage/Private Hire Drivers badge be displayed?

a) On dashboard of vehicle c) Hanging from windscreen mirror b) Displayed in windscreen d) On your person

3. Where must your identification card be displayed?

a) On dashboard of vehicle c) Hanging from windscreen mirror b) In the windscreen d) On person

4. To whom are you required to produce your Hackney Carriage Licence on request? Please circle 2 answers.

a) The Police c) The owner of the vehicle. b) Council Licensing Officers d) Private Hire Operator

5. What route must you take in respect of any journey unless directed otherwise by the passenger?

a) Scenic route c) The quickest route b) The shortest and most direct d) The quietest route route.

6. What action would you take if you found property left behind in your vehicle?

a) Take item to Police Station c) Take item to Licensing Office within 48 within 48 hours hours. b) Keep hold of item d) Hand in to Private Hire Operator with whom fare was booked.

7. What is a Driver required to do when requested to carry luggage?

a) Refuse politely. c) Offer reasonable assistance. b) Tell passenger to put luggage d) Make extra charge in boot compartment.

8. What action would you take if you lost your Hackney Carriage Licence plates or drivers badge?

a) Report loss to Police c) Report loss to Council Licensing office b) Report loss to owner of vehicle d) Report loss to private hire operator.

9. How many persons are you permitted to convey in a Hackney Carriage Saloon Car?

a) 4 c) 5 b) 6 d) 7

10. By what means may the driver of a Private Hire car obtain fare paying passengers?

a) Pick up from taxi ranks c) Wait on street. b) Pre-booked fares via a d) Hailed/flagged down by customers. licensed operator

11. What are the duties of a Hackney Carriage/Private Hire Driver with regard to blind persons with a guide dog?

a) Refuse to take them b) Must take them unless exempt through medical grounds.

HACKNEY CARRIAGE/PRIVATE HIRE VEHICLES

12. What 2 items issued by the Council should be attached to your vehicle? 1. ______2. ______

13. What is the meaning of a ‘stop notice’ when issued on a Hackney Carriage or Private Hire Vehicle? ______

______

14. What is the difference between the way Hackney Carriage and Private Hire Vehicles operate? ______

______

15. What are the colour codes of Hackney Carriage and Private Hire Vehicles? ______

______

HACKNEY CARRIAGE RANKS 16. What must you do when you arrive at a taxi rank? ______

______

17. Are you permitted to stand your Private Hire car on a Hackney Carriage rank?

a) YES b) NO

HACKNEY CARRIAGE FARES

18. What fare is the driver of a Hackney Carriage entitled to demand and take?

a) Whatever he likes c) The meter rate as set by the Council. b) Fare greater than the meter d) Meter rate plus 10% rate 19. What fare are you entitled to charge for journeys ending outside the City boundary?

a) Double fare c) Triple Fare b) Meter or fare agreed with d) Meter rate plus 10% passenger before journey commences

20. What extra tariff charge would you make on :-

a) After 12.00 midnight ______b) Sundays ______c) Bank Holidays ______d) Christmas Day and Boxing Day ______

PRIVATE HIRE FARES

21. How does a Private Hire Driver determine the fare to be charged if there is no meter in his vehicle?

______

______

PART II - LOCATION OF BUILDINGS AND PLACES OF INTEREST

You are required to identify the location of the following buildings/places of interest by writing the name of the road or street in which they are situated.

FOR

OFFICIAL 1. County Hall ______USE ONLY

2. Mercure Holland House Hotel ______

3. Museum of Welsh Life ______

4. Wynford Hotel ______

5. Cineworld Cinema ______

6. Future Inn Hotel ______

7. National Museum of ______

8. Rookwood Hospital ______

9. Hollywood Bowl ______

10 Victoria Social Club ______

11. Bupa Hospital ______

12. Eastern Leisure Centre ______

13. Llandaff Cathedral ______

14. Roath Park ______

15. ______

PART III – LOCATION OF STREETS

You are required to identify the location of the following streets by writing the name of the area or area(s) in which the roads are situated.

FOR Ty Glas Road OFFICIAL 1. ______USE ONLY

2. Heol-y-Deri ______

3. North Road ______

4. Ball Road ______

5. Crwys Road ______

6. Circle Way East/West ______

7. Colchester Avenue ______

8. Heathwood Road ______

9. Ely Road ______

10. Merthyr Road ______

11. Richmond Road ______

12. King George V Drive ______

PART 4 - A-Z GRID REFERENCES

Please ensure you have completed Parts 1-3 fully before beginning Part 4. If you are ready to proceed please raise your hand and the examiner will supply you with an A-Z book.

Using the A – Z supplied, write down the grid reference of the following locations. For example Ninian Park, Sloper Road is 5F 95.

FOR OFFICIAL USE ONLY 1. Llysfaen Primary School, Rowan Way ______

2. Cardiff Heliport, Foreshore Road ______

3. Corpus Christi RC High School, Ty Draw Road ______

4. The , ______

NOTE: PLEASE DO NOT MARK THE A – Z BOOKLET IN ANY WAY WITH YOUR PEN

APPENDIX B

CARDIFF COUNTY COUNCIL ORAL KNOWLEDGE TEST NUMBER 1

To be completed by the applicant

Full Name ______

Address ______

______

______

Signature ______Date ______

To be completed by examiner

TOTAL MARKS (PASSMARK 84)

PART 5 (possible 105)

TOTAL SCORE

PASS FAIL

Signature of examiner ______Date ______

Explain to applicant that Licence must be paid for and collected from Public Carriage Office within ONE MONTH of the date of the test being passed.

REMARKS

PART 5 - ROUTES FOR OFFICAL USE Examiner will ask the applicant to indicate the shortest most direct route ONLY between all 15 starting and finishing locations. Each correct answer will be awarded with up to a maximum of seven marks

1. Park Hotel to Premier Travel Inn, Pentwyn

2. Royal Hotel to St Mellons Country Club

3. Chapter Arts Centre to Sherman Theatre

4. Cardiff Central Station to Copthorne Hotel

5. University Hospital of Wales to City Road

6. Ibis Hotel to Avondale Road

7. Pier Head Building to Llanishen Leisure Centre

8. Cardiff City Hall to Cardiff County Hall

9. Heathwood Road to Premier Travel Inn, Pentwyn

10. Splott Road to Atlas Road

11. Heol Llanishen Fach to Ty Mawr Arms

12. Sloper Road to Cardiff County Hall

13. Cardiff City Hall to Lamby Way Ind. Estate

14. National Museum of Wales to Welsh Folk Museum

15. New House Country Hotel to Penlline Road

APPENDIX D

Literacy Test.

Read the text below and answer the following questions.

Flat 1, 123 Cowbridge Lane

Cardiff. CF1 2AA

Dear Tony,

I heard from Paul that you failed your driving test – I’m so sorry because I know how it feels.

I didn’t pass my driving test the first time because I was very nervous. I passed it next time without any trouble and I’m sure it will be the same for you.

I have got to tell you that once I passed my test I became the

proud owner of a new car. It’s a lovely silver blue and goes like a dream. Your turn next!

See you soon. Ali.

Ali is writing this letter to make Tony feel ( ) Proud Worse Better Nervous

Ali passed his driving test the ( ) time. Second First Third Never

Ali also has trouble with his ( ) Nervous Nuisance Trouble Nerves

Ali bought a new car ( ) he passed his test. Before Often After Soon