Toys & Training

Entry to taxis and personal rent autos for disabled customers


Introduction

1. Standing of this steerage

(1.1) This steerage has been up to date from the model revealed in February 2017 to replicate the amendments made by the Taxis and Non-public Rent Automobiles (Disabled Individuals) Act 2022 (“the 2022 Act”) to the Equality Act 2010. It supplies each statutory and non-statutory steerage on the duties and offences beneath the taxi and personal rent automobile sections within the Equality Act 2010, together with these launched on account of the 2022 Act, with up to date textual content on the beforehand current duties and offences. Due to this fact, this steerage ought to be used as a standalone (fairly than alongside the 2017 steerage, which has now been withdrawn).

(1.2) The intention of this steerage is to help native licensing authorities (“LLAs”) to implement the Equality Act 2010 provisions meant to help disabled passengers of their use of taxi and personal rent automobile (“PHV”) companies. It supplies recommendation on designating autos as being wheelchair accessible, speaking with drivers and operators relating to their obligations, dealing with requests from drivers for exemptions from the mobility help necessities, and implementing the duties.

(1.3) On this steerage ‘driver’ refers to each taxi and PHV drivers collectively. The place there may be reference related to solely one of many two, then we’ve got specified both ‘taxi driver’ or ‘PHV driver’.

(1.4) This steerage is made up of each statutory and non-statutory steerage.

(1.4.1) Paragraphs 3.1 to six.1 are statutory steerage issued beneath part 167(6) of the Equality Act 2010. These paragraphs represent the Secretary of State for Transport’s formal steerage to LLAs in England, Wales and Scotland on the appliance of part 167 of the Equality Act 2010. LLAs should have regard to those paragraphs when enterprise related licensing exercise.

(1.4.2) Paragraphs 7.1 – 17.4 are non-statutory steerage referring to sections 164A, 165, 165A, 166, and 167A of the Equality Act 2010. These paragraphs are meant to offer steerage on the duties and offences for drivers and operators, and, within the case of 166, for the LLA itself. We strongly encourage all LLAs to think about these paragraphs, to allow them to guarantee drivers and operators of their space perceive what is predicted of them beneath the taxi and PHV sections of the Equality Act 2010.

(1.5) The next sections from the Equality Act 2010 are coated:

(1.5.1) Part 164A [Paragraphs 12.1 – 12.11]: supplies duties on any driver to simply accept the carriage of any disabled individual and to chorus from charging them additional for doing so. This part additionally supplies duties on any non-exempt taxi or PHV driver to offer cheap help to any disabled passenger.

(1.5.2) Part 165 [Paragraphs 12.1 – 12.11]: requires drivers of a delegated wheelchair accessible taxi or PHV to hold a wheelchair consumer with out charging additional, and any non-exempt driver to offer cheap help to any wheelchair consumer.

(1.5.3) Part 165A [Paragraphs 13.1 – 13.5]: supplies duties on any driver of a pre-booked taxi or PHV to help any disabled individual to establish and discover the automobile and to chorus from charging them additional for doing so, supplied the motive force is made conscious that the passenger requires such help.

(1.5.4) Part 166 [Paragraphs 7.1 – 8.3]: locations an obligation on a LLA to challenge an exemption certificates to a driver, if applicable, in order that they’re exempt from the mobility help duties at sections 164A and 165.

(1.5.5) Part 167 [Paragraphs 3.1 – 6.1]: locations an obligation on a LLA to take care of and publish an inventory of designated wheelchair accessible taxis and PHVs.

(1.5.6) Part 167A [Paragraphs 15.1 – 15.3.2]: locations offences on PHV operators who refuse or fail to offer a reserving for a disabled individual both as a result of the individual is disabled, or to forestall a driver from being made topic to an obligation which might in any other case be imposed on the motive force by part 164A, 165 or 165A.

(1.5.7) Part 168 [Paragraphs 14.1 – 14.2]: locations duties on taxi drivers to hold help canine with out additional cost.

(1.5.8) Part 170 [Paragraphs 14.1 – 14.2 and 16.1 – 16.2]: creates offences for PHV drivers and operators who fail or refuse a reserving, or cost additional for a reserving, from a disabled individual as a result of they are going to be accompanied by an help canine.

(1.6) LLAs also needs to familiarise themselves with the enforcement steerage referring to the duties and offences beneath the sections listed above [see paragraphs 17.1 – 17.4].

(1.7) This steerage is related to LLAs no matter whether or not they beforehand maintained an inventory of designated autos beneath part 167 of the Equality Act 2010. The 2022 Act locations an obligation for all LLAs to take care of and publish such lists. Those who haven’t accomplished so beforehand should now achieve this to make sure that they’re compliant with the brand new necessities.

(1.8) Annex A supplies:

(1.8.1) A sequence of lists to indicate which duties and offenses apply to a taxi or PHV driver, depending on their automobile and the passenger; and

(1.8.2) An inventory displaying the offences which apply to PHV operators.

2. Implementation

(2.1) We need to be certain that the Equality Act 2010 has a constructive impression on all disabled individuals, guaranteeing they’re higher knowledgeable concerning the accessibility of designated taxis and PHVs of their space, and are assured of receiving the help they should journey safely.

(2.2) It’s a driver and operator’s duty to make sure they’re compliant with their duties beneath the Equality Act 2010. To help them in understanding their duties, LLAs ought to make drivers and operators conscious of the amended necessities and observe the required procedures to exempt drivers with sure bodily or medical situations from offering mobility help, the place there may be ample proof of a necessity for exemption.

LLAs additionally ought to be certain that, the place these don’t exist already, they’ve developed procedures for sustaining and publishing an inventory of designated wheelchair accessible taxis and PHVs, together with notifying automobile homeowners if their automobile is included on the record.

(2.3) As 2.3. As such, we encourage LLAs to place in place smart and manageable procedures to make sure clean and efficient implementation of the up to date Equality Act 2010. Specifically, LLAs ought to:

  • set up the information necessities and method to creating after which publishing and sustaining their record of designated wheelchair accessible autos
  • notify all drivers of their duties beneath the Equality Act 2010, with examples of what this may imply in apply
  • present drivers with ample notification of the brand new necessities to permit these eligible to use for exemptions from the accessibility necessities

(2.4) Beneath are two examples of the kind of processes an LLA might observe in relation to lists of designated wheelchair accessible autos and any driver exemption functions. These examples are indicative, and it will likely be down to every LLA to find out the actions they should take to make sure the Equality Act 2010 is carried out successfully of their space.

Lists of designated wheelchair accessible autos:

  • LLA critiques this steerage and considers whether or not its current insurance policies or approaches allow it to adjust to the necessities
  • collates related information from databases, equivalent to automobile licensing functions, to allow it to create an inventory of designated autos
  • LLA informs all homeowners which, if any, of their automobile(s) might be positioned on the designated record and asks them to verify whether or not they take into account that any of their different autos also needs to be included on the record
  • LLA collates related information which can be utilized to create and replace a publicly viewable record of designated wheelchair accessible autos, utilizing accessible formatting tips
  • LLA publishes record of designated wheelchair accessible autos on-line and places a course of in place to answer requests to offer the record in an alternate format

Driver exemptions:

  • LLA critiques this steerage and considers whether or not its current insurance policies or approaches allow it to adjust to the necessities to grant exemption certificates to relevant drivers in relation to the mobility help duties
  • LLA establishes and communicates to drivers its coverage for exempting drivers from the mobility help duties on medical grounds or bodily situation
  • LLA alerts all drivers to their new duties – together with informing drivers with an current exemption that their exemption now solely covers the mobility help duties at sections 164A and 165
  • drivers apply for exemptions, the place needed
  • LLA critiques functions, and both points an exemption certificates and see or informs the applicant that their software has been rejected (and why) and that every one duties shall apply to that applicant

Part 167: Listing of designated wheelchair accessible autos – statutory steerage for LLAs

3. Overview

(3.1) Part 167 of the Equality Act 2010 requires LLAs to take care of and publish an inventory of designated wheelchair accessible taxis and PHVs. The duties on drivers at part 165 of the Equality Act 2010 apply to drivers of autos included in such an inventory [see paragraphs 12.1 – 12.11 for guidance on section 165 duties and Annex A for a breakdown of the duties which apply to each section based on the driver and their vehicle].

4. Automobiles that may be designated

(4.1) We need to be certain that passengers in wheelchairs are higher knowledgeable concerning the accessibility of the taxi and PHV fleet of their space, assured of receiving the help they should journey safely, and never charged greater than a non-wheelchair consumer for a similar journey.

(4.2) A automobile should be added to an a LLA’s record of designated autos if it “conforms to such accessibility necessities because the licensing authority thinks match”. Automobiles positioned on the record ought to be able to carrying wheelchair customers both of their wheelchair or in a passenger seat (relying on which the wheelchair consumer prefers), together with permitting passengers to:

  • get into and out of the automobile in security
  • journey within the automobile in security and cheap consolation

(4.3) Which means that, to be positioned on a LLA’s record, a automobile should be able to carrying some – however not essentially all – varieties of occupied wheelchairs. The federal government recommends {that a} automobile ought to be included in a LLA’s record provided that it could be potential for the consumer of a “reference wheelchair” to enter, depart, and journey within the passenger compartment in security and cheap consolation while seated of their wheelchair.

The “reference wheelchair” is outlined as 700mm in width, 1200mm in size, and 1350mm in top. A diagram of the “reference wheelchair” may be discovered on web page 97 of the Division for Transport’s 2022 Reference Wheelchair Commonplace and Transport Design analysis report.

(4.4) By taking this method LLAs will enable the duties at part 165 of the Equality Act 2010 to use to extra drivers than if LLAs solely included autos able to accommodating bigger varieties of wheelchairs on their lists.

(4.5) The federal government recognises that this method will imply that some varieties of wheelchair or mobility aids, equivalent to powered wheelchairs and mobility scooters, could also be unable to entry a few of the autos included in a LLA’s record. The Equality Act 2010 recognises this chance, and driver defences are in place at part 165 if it could not have been potential for the wheelchair or mobility aids to be carried safely within the automobile, or it could not in any other case have been cheap in all of the circumstances for the mobility aids to be carried within the automobile.

(4.6) Any taxi or a PHV which conforms to the LLA’s accessibility necessities should be revealed on the LLA’s record beneath part 167 (until its inclusion has been efficiently appealed beneath part 172).

5. Making ready and publishing lists of designated autos

(5.1) Part 167 of the Equality Act 2010 requires LLAs to take care of and publish an inventory of designated wheelchair accessible taxis and PHVs.

(5.2) We suggest that this record is clearly marked as “designated in accordance with Part 167 of the Equality Act 2010.”

(5.3) Lists ought to present the next data:

  • the make and mannequin of the automobile
  • the licence variety of the automobile
  • whether or not the automobile is a taxi or non-public rent automobile
  • the place it’s simply accessible for the LLA to collect and the operator has given consent, the title of the automobile’s operator(s), their contact phone quantity, and their e mail and/or web site deal with
  • details about the scale and weight of wheelchairs that may be accommodated, together with whether or not the automobile can accommodate wheelchairs that are bigger than the “reference wheelchair” customary

(5.4) We additionally suggest offering data on whether or not the automobile can carry a couple of wheelchair while the passengers are seated of their wheelchairs, and if that’s the case, what number of.

(5.5) The Equality Act 2010 requires not solely that lists are maintained, however that also they are revealed. In each case, lists ought to be made out there on-line, and, until it’s unreasonably costly or tough to take action, in exhausting copy codecs upon request. The place offering an inventory in exhausting copy format is taken into account unreasonably costly or tough, LLAs should nonetheless be aware of their broader duties beneath the Equality Act 2010, together with in relation to the availability of knowledge in different accessible codecs. We suggest speaking with the requestor to know their particular wants and to establish how data could possibly be tailor-made the place relevant.

(5.6) In all circumstances, whether or not data is revealed on-line or in exhausting copy, we suggest that LLAs use the federal government’s steerage on publishing accessible paperwork. The place it’s supplied on-line it ought to be simple for potential passengers to search out.

(5.7) If an LLA produces exhausting copy variations of lists, we suggest they set up a course of to offer them upon request. The flexibility to request exhausting copy and different accessible variations of lists ought to be communicated clearly on LLA web sites, together with on pages referring to the web model, and exhausting copy variations ought to be supplied with out unreasonable delay.

(5.8) Earlier than publishing, LLAs ought to be certain that automobile homeowners are made conscious of their automobile(s) being included within the record. To keep away from duplicate data requests to automobile homeowners, LLAs ought to acquire the information wanted to take care of and publish lists beneath part 167 by way of licensing software varieties.

(5.9) We suggest that the record is maintained on a rolling foundation as new autos are licensed, with up to date lists revealed not less than each three months. This can guarantee passengers can entry related and up-to-date data to be able to make knowledgeable journey selections, while enabling LLA assets to be managed appropriately.

6. Appeals

(6.1) Part 172 of the Equality Act 2010 allows an attraction in opposition to the choice of a LLA to incorporate a automobile on the designated record. That attraction ought to be made, for circumstances in England and Wales, to the Magistrates’ Court docket or, for circumstances in Scotland, the sheriff, and should be made inside 28 days of the automobile(s) in query being included on the LLA’s record.

Part 166: Driver exemptions – non-statutory steerage

7. Overview

(7.1) Some drivers might have a bodily situation or medical grounds which make it unattainable or unreasonably tough for them to offer the form of bodily help which the mobility help duties within the Equality Act 2010 require.

(7.2) Part 166 requires LLAs to grant exemptions to relevant drivers particularly from the “mobility help” duties at 164A(5)(e) and 165(4)(e). Which means that drivers with such exemption certificates aren’t exempt from any of the opposite duties at sections 164A, 165, or 165A. This is applicable to all such exemption certificates whether or not newly granted or beforehand held. We suggest that LLAs inform all drivers of this variation.

(7.3) An exemption could also be issued for as brief or lengthy a interval because the LLA considers applicable, taking into consideration the character of the related bodily or medical situation.

(7.4) Individually to the exemptions at part 166 of the Equality Act 2010, LLAs may also challenge exemptions to drivers beneath sections 169 (for taxi drivers) and 171 (for PHV drivers) referring to the duties to hold help canine (sections 168 and 170). A driver with a bit 166 exemption isn’t exempt from the duties at sections 168 or 170 in relation to carrying help canine. Likewise, a driver with a 169 or 171 exemption isn’t exempt from the mobility help duties at 164 or 165.

8. Assessing exemptions

(8.1) We suggest that LLAs make software varieties out there for drivers to use for an exemption, setting out the supporting proof they require candidates to submit.

As an absolute minimal, this proof ought to be within the type of a letter or report from a basic practitioner. Nevertheless, selections on exemptions are prone to be fairer and extra goal if medical assessments are undertaken by professionals who’ve been particularly skilled and who’re unbiased of the applicant.

We subsequently suggest that LLAs use unbiased medical assessors holding applicable skilled {qualifications} and who aren’t open to bias due to a private or industrial connection to the applicant. LLAs might have already got preparations with such assessors, for instance in relation to the Blue Badge Scheme.

(8.2) If the appliance is profitable, the LLA ought to challenge an exemption certificates and supply an exemption discover for the motive force to show of their automobile. If the exemption discover isn’t displayed, the motive force could possibly be prosecuted if they don’t adjust to the related mobility help duties.

(8.3) If the appliance is unsuccessful, we suggest that the applicant is knowledgeable in writing inside an affordable timescale, with a transparent clarification of the explanations for the choice and related rights of attraction.

9. Exemption notices

(9.1) The place a driver of a delegated automobile has been exempted from the mobility help duties beneath sections 165 and 164A, it’s the LLA’s duty to offer the motive force with an exemption discover compliant with the Equality Act 2010 (Taxis and Non-public Rent Automobiles) (Passengers in Wheelchairs – Notices of Exemption) Rules 2017. We intend sooner or later to amend these Rules to offer that the exemption discover clearly units out that the exemption applies solely to the mobility help duties at sections 165 and 164A and to not some other a part of sections 165 or 164A. Within the meantime, an exemption stays legitimate if the discover complies with the Rules as they stand.

(9.2) Just one exemption discover ought to be displayed in a automobile at anyone time. If a automobile is utilized by a number of drivers, the motive force who holds the exemption ought to take away the exemption discover from the windscreen and from sight of any potential passengers when they aren’t working the automobile.

10. Appeals

(10.1) Part 172 of the Equality Act 2010 allows drivers to attraction in opposition to an LLA’s resolution to not challenge an exemption certificates. That attraction ought to be made to the Magistrates’ Court docket in England or Wales, or a sheriff in Scotland, and should be made inside 28 days starting with the date of the written refusal.

Duties on drivers – non-statutory steerage

11. Overview of duties on drivers

(11.1) Sections 164A, 165, 165A, 168, and 170 place duties on drivers to make sure that disabled individuals have particular rights and protections to entry taxis and PHVs, to obtain help when utilizing these companies, and to not be charged additional for doing so.

(11.2) We strongly encourage LLAs to offer drivers and operators with coaching on their duties, for instance as a part of current driver-facing coaching. This could embody messaging which explains that it’s not related what sort of incapacity or impairment a passenger has, solely what necessities they’ve due to their incapacity or impairment.

(11.3) We suggest that the motive force or operator asks each passenger whether or not they require help. For employed autos, this ought to be on the reserving stage. For taxis, this ought to be when the automobile is hailed or approached on the taxi rank or on the road.

The place relevant, service suppliers also needs to replace reserving web sites and smartphone functions to gather this data from passengers, permitting, for instance, an individual with dementia to ask for help in finding the automobile or a wheelchair consumer to state their intention to stay of their wheelchair whereas travelling. This can even give the motive force or operator the chance to advise the passenger on how they may present help, for instance to clarify how the automobile’s ramp might be used or to determine an applicable place for a wheelchair consumer to enter the automobile.

  1. Sections 164A and 165: duties to hold and help any disabled individual

(12.1) 164A and 165 place duties on drivers to hold and help disabled passengers with out making, or proposing to make, an additional cost for doing so [see Annex A for a list of the duties]. Drivers who’re topic to part 165 have an extra obligation to hold the passenger while seated of their wheelchair

(12.2) The duties at part 164A apply to:

  • drivers of any taxi or PHV which isn’t included on a LLA’s record of designated wheelchair accessible autos, the place the passenger is disabled, together with wheelchair customers (with the idea that the wheelchair consumer transfers to a passenger seat to journey)
  • drivers of any automobile which is included on a delegated record, the place the passenger is disabled and never a wheelchair consumer

(12.3) The duties at part 165 apply to:

  • drivers of any automobile which is included on a delegated record, the place the passenger is in a wheelchair
  • the automobile has been employed by or for a disabled one who is in a wheelchair or by one other one who needs to be accompanied by a disabled one who is in a wheelchair

(12.4) The appliance of part 164A or 165 is predicated on whether or not the automobile is designated wheelchair accessible and the circumstances of the disabled passenger as follows:

  • if the automobile is non-designated and the passenger is a wheelchair consumer, then part 164A applies
  • if the automobile is non-designated and the passenger is a non-wheelchair consumer, then part 164A applies
  • If the automobile is designated and the passenger is a non-wheelchair consumer, then part 164A applies
  • if the automobile is designated and the passenger is a wheelchair consumer, then part 165 applies

(12.5) The place a driver has been exempted, they won’t be required to adjust to the duties in sections 164A and 165 to offer mobility help. Whatever the design and content material of their exemption certificates and see, exempt drivers is not going to be exempt from some other related obligation – together with, for example, to chorus from charging disabled passengers additional.

(12.6) Though every state of affairs might be completely different, and cheap mobility help might be topic to different relevant legislation – together with well being and security laws – we’d count on drivers to offer fundamental help which might embody, however might not be restricted to:

  • opening the passenger door
  • folding handbook wheelchairs and inserting them within the baggage compartment
  • putting in the boarding ramp
  • securing a mobility help throughout the passenger compartment

(12.7) Relying on the load of the wheelchair or mobility help and the aptitude of the motive force, cheap mobility help might additionally embody (however might not be restricted to) pushing a handbook wheelchair or mild electrical wheelchair up a ramp, or stowing a light-weight electrical wheelchair within the baggage compartment.

(12.8) A driver ought to, nevertheless, solely contact a wheelchair or mobility help or search to offer bodily help if the consumer provides permission for them to take action.

(12.9) We count on drivers to speak with passengers when offering help, as this might be key to understanding a disabled individual’s wants. We suggest drivers:

  • ask passengers what assist they want
  • take heed to and perceive the response, after which
  • act on what they’ve been requested to do, searching for clarification, if needed, on the right way to present what is required

(12.10) While entry to the automobile could also be depending on the wheelchair or mobility help itself, drivers mustn’t carry any unessential objects within the boot of the automobile which might forestall a wheelchair or mobility help from being stowed there, or (within the case of designated autos) carry any unessential objects within the passenger seating space which might forestall a wheelchair consumer from travelling whereas seated of their wheelchair.

Moreover, drivers of designated autos ought to keep away from carrying unessential objects which might forestall a wheelchair or mobility help from being carried within the passenger space of the automobile.

(12.11) The requirement to not cost a disabled individual additional signifies that a meter shouldn’t be activated earlier than, or left working, while the motive force performs duties required by the Equality Act 2010.

13. Part 165A: duties on drivers to help a passenger to establish and discover the automobile

(13.1) Part 165A locations duties on drivers to help any disabled passenger to search out or find their pre-booked taxi or PHV with out making, or proposing to make, an extra cost for doing so.

(13.2) The part 165A duties apply to any pre-booked taxi driver and any PHV driver, no matter whether or not their automobile is designated as being wheelchair accessible or not, supplied:

  • the automobile has been employed by or for a disabled individual, or by one other one who intends to accompany a disabled individual
  • the motive force of the PHV or pre-booked taxi has been made conscious earlier than the beginning of the journey that the passenger requires help to establish and/or discover that automobile

(13.3) Authorities ought to encourage drivers and/or operators to ask each passenger on the reserving stage whether or not (i) they require help and, if that’s the case, then (ii) what type of help that ought to be.

Drivers and operators mustn’t try and establish an individual’s impairment or incapacity, solely what sort of help the motive force wants to offer to ensure that the passenger to board, journey in, and alight from the automobile in security and cheap consolation.

(13.4) To be able to assist fulfil the duties at part 165A, drivers ought to familiarise themselves with the most typical communication strategies an individual might require to be able to establish and/or discover the automobile. These communication strategies embody, however aren’t restricted to:

  • giving audio instructions for a visually impaired passenger (calling the passenger as soon as on the pick-up level)
  • giving visible instructions (for instance, the color and registration of the automobile) for a hearing-impaired passenger
  • repeating key data for a passenger with psychological or cognitive impairments

(13.5) In apply the requirement to not cost a disabled individual additional signifies that a meter shouldn’t be activated earlier than, or left working, while the motive force performs duties required by the Equality Act 2010.

14. Sections 168 and 170: duties on drivers to hold help canine

(14.1) Sections 168 and 170 place duties on drivers of taxis (168) and PHVs (170) to hold an help canine and permit them to stay with their consumer with out making, or proposing to make, an extra cost for doing so.

(14.2) It’s an offence for a driver to suggest to make, in addition to to make, an extra cost for finishing up the duties in these sections. For instance, a driver should not add a surcharge to the meter for carrying an help canine. The taximeter shouldn’t be activated till each the passenger and help canine are correctly settled, and the automobile is able to depart. Equally, the taximeter ought to be stopped as quickly because the vacation spot is reached, and earlier than any unloading takes place.

Offences for PHV operators

15. Part 167A: offences for PHV operators to not refuse or fail a reserving for a disabled individual

(15.1) Part 167A makes it an offence for a PHV operator to refuse or fail to simply accept a reserving from, or on behalf of, a disabled individual as a result of (i) the individual is disabled or (ii) to forestall a driver from being topic to the duties at sections 164A, 165, or 165A. It additionally makes it an offence for a PHV operator to make, or suggest to make, an extra cost for finishing up of any obligation imposed on the motive force of the non-public rent automobile beneath part 164A, 165 or 165A.

(15.2) LLAs ought to monitor operator compliance with these duties. It might be tough to evaluate whether or not an offence has been dedicated by an operator who refuses a reserving to be able to keep away from a PHV driver being made topic to an obligation beneath sections 164A, 165, or 165A; for instance, the place a driver is medically match to carry out the duties however the operator refuses the reserving on the premise that the help duties would prolong the time taken to finish the reserving with no additional monetary achieve.

An LLA might check the appliance of those offences as a part of a check buying train (supplied they’ve authorisations in place required by the Investigatory Powers Act 2016) or by utilizing different information to know developments in reserving refusals by disabled individuals compared to non-disabled individuals.

(15.3) nicely as notifying operators of their authorized necessities beneath part 167A, LLAs may provide operators coaching on:

  • all the taxi and PHV provisions within the Equality Act 2010
  • speaking with disabled individuals

16. Part 170: offences on PHV operators to not refuse or fail a reserving for an help canine consumer

(16.1) Part 170 makes it an offence for a PHV operator to refuse or fail to simply accept a reserving from, or on behalf of, an help canine consumer:

  • as a result of the individual might be accompanied by an help canine or;
  • to forestall a driver from being topic to the duties at part 170 [see paragraphs 14.1 – 14.2 for guidance on PHV drivers duties to carry assistance dogs]

(16.2) Operators ought to e-book journeys for help canine customers as they’d for some other passenger, for instance utilizing the closest driver to the purpose of pick-up, no matter any desire that driver might have to not carry a canine.

Enforcement

17. Licensing measures and prosecution

(17.1) The federal government expects LLAs to take robust motion the place drivers or operators breach their duties beneath the Equality Act 2010.

(17.2) LLAs have wide-ranging powers to find out the principles by which taxis and PHVs of their respective areas might function. We suggest that they use these powers to make sure that drivers or operators who discriminate in opposition to disabled passengers are held accountable.

(17.3) If a driver receives a conviction for breaching their duties beneath the Equality Act 2010, it could be applicable for the LLA to overview whether or not or not the motive force remained a match and correct individual to carry a taxi or PHV driver’s licence. The federal government’s view is {that a} driver who wilfully didn’t adjust to their duties can be unlikely to stay a “match and correct individual”.

(17.4) LLAs may take applicable motion – equivalent to suspension, revocation, or refusal to resume a licence – even the place prosecution didn’t proceed however during which the LLA deemed that the motive force handled a disabled passenger unreasonably.

Annex A: The duties on taxi drivers and PHV drivers and operators beneath the Equality Act 2010

Duties on drivers of non-designated wheelchair accessible taxi

Part 164A

Disabled passenger

Any disabled passenger, together with wheelchair customers.

Duties

  • To hold the passenger
  • To hold their wheelchair (e.g. within the boot of the automobile)
  • To hold their mobility aids
  • To take cheap steps to hold the passenger in security and cheap consolation
  • To supply cheap mobility help
  • To not make, or suggest to make, any cost for finishing up the above duties

Defences

  • That the motive force couldn’t fairly have recognized that the passenger was disabled (to be able to adjust to the duties)
  • It will not have been potential or cheap for the wheelchair or mobility aids to be carried safely within the automobile
  • It will not have been cheap in all of the circumstances for the wheelchair or mobility aids to be carried within the automobile
  • The driving force couldn’t fairly have recognized that the passenger required mobility help of the sort required by the passenger

Part 165A

Disabled passenger

Any disabled passenger, together with wheelchair customers.

Duties

These duties solely apply if the taxi has been prebooked.

  • To take such steps as are cheap to help the passenger to establish and discover the automobile which has been employed
  • To not make, or suggest to make, any extra cost for complying with the above obligation

Defences

  • The driving force of the prebooked taxi has not been made conscious earlier than the beginning of the passenger’s journey within the automobile that the passenger requires help to establish or discover that automobile

Part 168

Disabled passenger

Help canine customers.

Duties

  • Carry the disabled individual’s canine and permit it to stay with that individual
  • Not make, or suggest to make, any extra cost for doing so

Defences

There are not any defences for this part.

Duties and offences on drivers of non-designated wheelchair accessible PHVs

Part 164A

Disabled passenger

Any disabled passenger, together with wheelchair customers.

Duties

  • To hold the passenger
  • To hold their wheelchair (e.g. within the boot of the automobile)
  • To hold their mobility aids
  • To take cheap steps to hold the passenger in security and cheap consolation
  • To supply cheap mobility help
  • To not make, or suggest to make, any cost for finishing up the above duties

Defences

  • That the motive force couldn’t fairly have recognized that the passenger was disabled (to be able to adjust to the duties)
  • It will not have been potential or cheap for the wheelchair or mobility aids to be carried safely within the automobile
  • It will not have been cheap in all of the circumstances for the wheelchair or mobility aids to be carried within the automobile
  • The driving force couldn’t fairly have recognized that the passenger required mobility help of the sort required by the passenger

Part 165A

Disabled passenger

Any disabled passenger, together with wheelchair customers.

Duties

  • To take such steps as are cheap to help the passenger to establish and discover the automobile which has been employed
  • To not make, or suggest to make, any extra cost for complying with the above obligation

Defences

  • The driving force of the PHV has not been made conscious earlier than the beginning of the passenger’s journey within the automobile that the passenger requires help to establish or discover that automobile

Part 170

Disabled passenger

Help canine customers.

Offences

A driver commits an offence by:

  • Failing or refusing to hold out a reserving accepted by the operator:
    • If the reserving is made by, on or behalf of, a disabled individual
    • The explanation for the failure or refusal is that the disabled individual is accompanied by an help canine
  • Making, or proposing to make, and extra cost for carrying an help canine

Defences

There are not any defences for this part.

Duties on drivers of designated wheelchair accessible taxis

Part 164A

Disabled passenger

Any disabled passenger, other than wheelchair customers.

Duties

  • To hold the passenger
  • To hold their mobility aids
  • To take cheap steps to hold the passenger in security and cheap consolation
  • To supply cheap mobility help
  • To not make, or suggest to make, any cost for finishing up the above duties

Defences

  • That the motive force couldn’t fairly have recognized that the passenger was disabled (to be able to adjust to the duties)
  • It will not have been potential or cheap for the mobility aids to be carried safely within the automobile
  • It will not have been cheap in all of the circumstances for the wheelchair or mobility aids to be carried within the automobile
  • The driving force couldn’t fairly have recognized that the passenger required mobility help of the sort required by the passenger

Part 165

Disabled passenger

Wheelchair customers.

Duties:

  • To hold the passenger whereas within the wheelchair
  • If the passenger chooses to sit down in a passenger seat, to hold the wheelchair (e.g. within the boot of the automobile)
  • To hold their mobility aids
  • To take needed steps to hold the passenger in security and cheap consolation
  • To supply cheap mobility help
  • To not make, or suggest to make, any cost for finishing up the above duties

Defences

  • It will not have been potential for the wheelchair or mobility aids to be carried safely within the automobile
  • It will not have been cheap in all of the circumstances for the mobility aids to be carried within the automobile

Part 165A

Disabled passenger

Any disabled passenger, together with wheelchair customers.

Duties

These duties solely apply if the taxi has been prebooked:

  • To take such steps as are cheap to help the passenger to establish and discover the automobile which has been employed
  • To not make, or suggest to make, any extra cost for complying with the above obligation

Defences

  • The driving force of the prebooked taxi has not been made conscious earlier than the beginning of the passenger’s journey within the automobile that the passenger requires help to establish or discover that automobile

Part 168

Disabled passenger

Help canine customers.

Duties

  • Carry the disabled individual’s canine and permit it to stay with that individual
  • Not make, or suggest to make, any extra cost for doing so

Defences

There are not any defences for this part.

Duties and offences on drivers of designated wheelchair accessible PHVs

Part 164A

Disabled passenger

Any disabled passenger, other than wheelchair customers

Duties

  • To hold the passenger
  • To hold their mobility aids
  • To take cheap steps to hold the passenger in security and cheap consolation
  • To supply cheap mobility help
  • To not make, or suggest to make, any cost for finishing up the above duties

Defences

  • That the motive force couldn’t fairly have recognized that the passenger was disabled (to be able to adjust to the duties)
  • It will not have been potential or cheap for the mobility aids to be carried safely within the automobile
  • It will not have been cheap in all of the circumstances for the wheelchair or mobility aids to be carried within the automobile
  • The driving force couldn’t fairly have recognized that the passenger required mobility help of the sort required by the passenger

Part 165

Disabled passenger

Wheelchair customers.

Duties

  • To hold the passenger whereas within the wheelchair
  • If the passenger chooses to sit down in a passenger seat, to hold the wheelchair (e.g. within the boot of the automobile)
  • To hold their mobility aids
  • To take needed steps to hold the passenger in security and cheap consolation
  • To supply cheap mobility help
  • To not make, or suggest to make, any cost for finishing up the above duties

Defences

  • It will not have been potential for the wheelchair or mobility aids to be carried safely within the automobile
  • It will not have been cheap in all of the circumstances for the mobility aids to be carried within the automobile

Part 165A

Disabled passenger

Any disabled passenger, together with wheelchair customers.

Duties

  • To take such steps as are cheap to help the passenger to establish and discover the automobile which has been employed
  • To not make, or suggest to make, any extra cost for complying with the above obligation

Defences

  • The driving force of the PHV has not been made conscious earlier than the beginning of the passenger’s journey within the automobile that the passenger requires help to establish or discover that automobile

Part 170

Disabled passenger

Help canine customers.

Offences

  • Failing or refusing to hold out a reserving accepted by the operator:
    • If the reserving is made by, on or behalf of, a disabled individual
    • The explanation for the failure or refusal is that the disabled individual is accompanied by an help canine
  • Making, or proposing to make, and extra cost for carrying an help canine

Defences

There are not any defences for this part.

Offences on PHV operators

Part 167A

Disabled passenger

Any disabled passenger, together with wheelchair customers.

Offences

  • Failing or refusing to simply accept a reserving for the automobile if:
    • The reserving is made by, on or behalf of, a disabled individual
    • The explanation for the failure or refusal is:
      • That the individual is disabled or
      • To forestall the motive force from being made topic to an obligation at sections 164A, 165, or 165A
  • Making, or proposing to make, and extra cost for finishing up any obligation on the motive force beneath sections 164A, 165, or 165A

Defences

  • It was cheap to not have accepted the reserving as a result of a scarcity of appropriate autos

Part 170

Disabled passenger

Help canine customers.

Offences

  • Failing or refusing to simply accept a reserving for the automobile if:
    • the rationale for the failure or refusal is:
      • That the individual might be accompanied by an help canine
      • To forestall the motive force from being made topic to an obligation at part 170
  • Making, or proposing to make, and extra cost for carrying an help canine

Defences

There are not any defences for this part.



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