Taxi Licence Refused | Objection and Review

Taxi driver licence (KIWA)

The KIWA has powers to refuse a taxi licence, but can a council actually prevent you from being granted a taxi driver licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the KIWA must be satisfied that the applicant is a ‘fit and proper person‘.

If the council refuses to issue a licence, you can object in accordance with the General Administrative Law Act (Algemene wet bestuursrecht) to the ILENT Licensing Committee. If that objection and review is unsuccessful, the driver can still make an appeal to the Administrative Court for Trade and Industry. At this stage the burden of proof is on the council to prove that the driver is not a fit and proper person. The KIWA/ILENT may also attach certain conditions on a taxi driver licence, against which it is also possible to launch an appeal.

Taxi company licence (KIWA)

The KIWA has powers to refuse a taxi company licence, but can a council actually prevent you from being granted a taxi company licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the KIWA must be satisfied that the applicant is a ‘proper entity‘.

If the council refuses to issue a licence, you can object in accordance with the General Administrative Law Act (Algemene wet bestuursrecht) to the ILENT Licensing Committee. If that objection and review is unsuccessful, the company can still make an appeal to the Administrative Court for Trade and Industry. At this stage the burden of proof is on the council to prove that the company is not a proper person. The KIWA/ILENT may also attach certain conditions on a taxi licence, against which it is also possible to launch an appeal.

Local Taxi Driver Licence (TTO)

A local council (e.g. DBI) has powers to refuse a taxi licence, but can a council actually prevent you from being granted a taxi licence? As usual with questions of legality, regulation and the variety of circumstances sometimes involved, when it comes to taxi licensing appeals answers are not quite so clear cut. Before issuing a taxi licence to a driver, the local council must be satisfied that the applicant is a ‘fit and proper person‘.

If the council refuses to issue a licence, you can object in accordance with the General Administrative Law Act (Algemene wet bestuursrecht) to the Local Licensing Committee. If that objection and review is unsuccessful, the driver can still make an appeal to the Administrative Court for Trade and Industry. At this stage the burden of proof is on the council to prove that the driver is not a fit and proper person. The local council (e.g. DBI) may also attach certain conditions on a taxi licence, against which it is also possible to launch an appeal.

Leave a Reply:

Het e-mailadres wordt niet gepubliceerd. Vereiste velden zijn gemarkeerd met *