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Are you a taxi or private hire vehicle driver?

There are some changes in the law that came into effect in October 2010 which might affect you.

The Equality Act 2010 includes some provisions relating specifically to taxis and private hire vehicles (PHVs) and disability.

This note describes the changes in relation to those parts of the Act that are specific to taxis and PHVs, and the implications for taxi and PHV drivers.

This note focuses on the implications for the taxi and PHV trades of the provisions. A separate note has been prepared for licensing authorities.

Duties on drivers to assist passengers in wheelchairs.

The Equality Act places duties on the drivers of designated wheelchair accessible taxis and PHVs to provide physical assistance to passengers in wheelchairs.

The duties will apply to the driver of any wheelchair accessible taxi or PHV which is on the licensing authority’s list of ”designated vehicles ”.

If you are the driver of a wheelchair accessible taxi or PHV, it is advised that you find out whether your licensing authority intends to maintain a list of designated vehicles, and therefore whether the duties apply to you.

Any drivers who suffer from a disability or a condition which would make it difficult for them to provide physical assistance can apply for an exemption from the duties to offer assistance.

What do I need to do?

If you are the driver of a wheelchair accessible taxi or PHV, the first thing you need to do is establish whether your licensing authority keeps a list of designated vehicles.

If your licensing authority does maintain a list of designated vehicles, and your wheelchair accessible vehicle is included on the list, you will be required to carry out the duties to assist wheelchair users.

What are the duties?

The duties being placed on the drivers of designated wheelchair accessible taxis and PHVs are:

  • to carry the passenger while in a wheelchair
  • not to make any additional charge for doing so
  • if the passenger chooses to sit in a passenger seat, to carry the wheelchair
  • to take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort; and
  • to give the passenger such mobility assistance as is reasonably required.

What does mobility assistance mean?

Mobility assistance essentially means helping passengers who use wheelchairs by providing physical assistance.

If the passenger wishes to remain in the wheelchair, the driver must help the passenger to get into and out of the vehicle.

If the passenger wants to transfer to a seat, the driver must help him or her to get out of the wheelchair and into a seat and back into the wheelchair; the driver must also load the wheelchair into the vehicle.

The driver must also offer to load the passenger’s luggage into and out of the vehicle.

What if my licensing authority does not keep a list of designated vehicles?

If a licensing authority does not maintain a list of designated vehicles then the duties will not apply; the duties only apply to drivers of vehicles that are on the licensing authority’s list of designated vehicles.

What if I have a back condition which makes it impossible for me to help a passenger in a wheelchair get into a cab?

The Act allows for exemptions from the duties on medical grounds or if the driver’s physical condition makes it impossible or unreasonably difficult for him or her to comply with those duties.

It is the responsibility of drivers who require an exemption to apply for one from their licensing authority.

Who decides if a driver is exempt?

The local licensing authority decides if a driver should be exempt from the duties.

What if the licensing authority says that I am ok to carry out the duties and I disagree?

The legislation allows a driver to appeal to the magistrates’ court within 28 days if the licensing authority decides not to issue an exemption certificate.

How will passengers know that I am exempt from the duties to assist passengers?

The Department issue special Exemption Notices which exempted drivers must display on their vehicles in order that passengers will know that the driver is exempt from duties.

Guide Dogs

The other element which is covered in this act is regarding the duties placed on taxi and PHV drivers and on PHV operators to carry guide dogs and other assistance dogs.

In practice, the duties will remain exactly the same as previously outlined in the Disability Discrimination Act 1995.

Any person who is currently exempt from the duty to carry an assistance dog on medical grounds will continue to be exempt.

That is because a change in the law was made so that all existing exemption certificates and all existing exemption notices remain in force as though they had been made under the Equality Act 2010.

Will I have to take a different approach to the carriage of guide dogs?

No. The change is a purely technical one; the duties to carry guide dogs and other assistance dogs will not change at all.

I have an exemption certificate which says that it was issued under the Disability Discrimination Act 1995 – do I have to get a new one?

No, you do not have to get a new certificate, the certificate which you have been granted remains valid until its expiry date.

I have a special notice in my taxi/PHV which says that I am exempt from carrying guide dogs and mentions the Disability Discrimination Act 1995 – do I need to get a new one?

No, you do not have to get a new exemption notice; the notice which was provided by the licensing authority remains valid until its expiry date.