MOBILITY MATTERS
PETERBOROUGH PHV DRIVER FINED FOR NOT PROPERLY SECURING DISABLED PASSENGER
Shaukat Ali, 45, from Peterborough,
ap-
peared at Peterbor- ough Magistrates’ Court on Wednesday, June 12 accused of failing to take the nec- essary steps to ensure a passenger is carried in safety and reason- able comfort, an offence under
the
2010 Equality Act. He denied the offence. The court heard from two support workers representing the dis- abled
passenger
about the incident on September 26, 2012. The support workers were accompanying the passenger and two others on a jour- ney to the PHAB Club (Physically Handi-
capped and Able Bodied Club) in Bret- ton. On booking the pri- vate hire vehicle, Ali arrived in a specialist vehicle fitted with a tail lift as requested by the passenger. Prior to undertaking the jour- ney, both carers saw Ali had not restrained the passenger’s wheel- chair. Both stated that when challenged, Ali said he did not need to secure the wheel- chair, as it was an electric one. In order for a wheel- chair
passenger to be trans- ported safely,
dependant the
wheelchair should be restrained and the passenger wear an
additional seat belt. The carers refused to allow the journey to be undertaken until Ali fit- ted the belts. During the journey one of the carers noticed Ali had only restrained the chair and not the pas- senger. On highlighting the safety issue, she stat- ed Ali ignored her and continued driving. As the vehicle negoti- ated a roundabout, the passenger’s wheel- chair began to move, forcing the support worker to remove her own seat belt and attempt to restrain the chair. She informed Ali of the potentially dan- gerous issue and alleged she was
ignored. On reaching the desti- nation, she stated that Ali then manhandled the wheelchair caus- ing noticeable distress to the passenger, who had to be assisted with calming tech- niques, before she could leave the vehi- cle. While giving evidence, Ali alleged that the support workers were lying and had con- spired against him because he had been rude to them during the
journey. He
alleged one of the car- ers had undone the wheelchair restraints herself. Ali was found guilty of the offence, fined £250
BIRMINGHAM CABBIE DROVE OFF AFTER BEING TOLD OF GUIDE DOG
A blind woman has called for Birmingham taxi drivers to change their attitudes after a cabbie refused to carry her in his vehicle – because she had a guide dog. And professional cho- rister Andrea Hope, 31, has revealed how she has now quit Birming- ham and moved to Northern Ireland fol- lowing her ordeal last June. She had pre-booked the taxi to take her from her former Kings Heath home to New Street train station. But private hire driver Shazad Hussain drove off moments after turn- ing up at her property after being told about her guide dog, Zeta. A complaint was made to Birmingham City Council and the cabbie was later charged with breaching the Equality Act 2010. Hussain, 41, from Yard- ley, had denied the
PAGE 50
charge but was found guilty by magistrates on June 5. He was fined £120 and ordered to pay £1,000 prosecu- tion costs, as well as a £15 victim surcharge. Following the hearing, Miss Hope told the Birmingham Mail: “I am glad that he has been found guilty, he needs to learn from this. For me it was not about what sentence he got, but about him being found guilty. “I was not looking for a glorious victory, what I am hoping is that this will send out a clear message to taxi drivers that they cannot refuse to take blind or disabled passengers because they have a guide or an assistance dog. “Guide dogs are not pets, for disabled peo- ple they are a lifeline. “This case had a big impact on me. I felt as though I could not live an independent life in Birmingham as I had
so many troubles get- ting taxis. “I moved back to Belfast as I do not have that problem there.” During the trial, Birm- ingham Magistrates’ Court heard how Miss Hope had booked the taxi
through Kings
Heath-based Ambas- sador Cars. When Hussain turned up at the property her house- mate Tony Breach - also registered blind - went outside to tell the taxi to wait while Miss Hope put her harness on Zeta. Despite Mr Breach telling Hussain that Miss Hope had a guide dog, he drove off. Mr Breach called the cab firm to complain and a second taxi was sent to the house. But by the time the profes- sional singer arrived at New Street, she had missed her train. Tharan Biring, prose- cuting, said that by law all private hire and taxi
drivers must allow guide dogs in their vehi- cles unless they have a medical exemption cer- tificate for certain conditions, including an allergy to dogs. But when Hussain was quizzed by council licensing officials he admitted he had no cer- tificate and had driven off because he was “scared of dogs”. Devon Small, defend- ing, claimed his client had not been told by the taxi firm’s operator that Miss Hope had a guide dog. He also said Hus- sain, who needed an Urdu interpreter at the hearing, had poor Eng- lish and had believed Mr Breach meant a nor- mal dog was set to get in the taxi. But when interviewed by licensing officers, the cabbie admitted he had been told by Ambassador Cars that Miss Hope was “totally blind and in need of help”.
and ordered to pay £400 in costs and a £15 victim surcharge. A decision is to be made concerning Ali’s private hire badge. Adrian Day, licensing manager for Peterbor- ough City Council, told peterboroughtoday: “This case should serve as a warning to taxi and private hire drivers in Peterbor- ough that they must respect the needs of every member of our community. “The Equality Act is there to ensure that every single person is entitled to the same standard of service and,
regardless of personal
in this case, their
circum-
stances. “This decision sends a strong message that the city council takes complaints made against the trade seri- ously
and
will
investigate every inci- dent reported to us - taking action where it is found that a driver or company isn’t pro- viding the service that is legally required. “The council requires taxi and private hire drivers to maintain exemplary standards and it is essential that the public has confi- dence in the quality of service provided. We have a responsibility to ensure that public expectations are ful- filled.”
FAIR DEAL FOR DISABLED IN AYLESBURY TAXIS
The ‘unacceptable’ treatment of disabled people by taxi compa- nies is to be tackled. Aylesbury Vale District Council is to work with disability charity BuDs and the Spinal Injuries Association to im- prove access and equality. Some vehicles are unable to take wheel- chair users and there are
variations
very few companies that have wheelchair accessible
vehicles in
prices. BuDs trustees chair Andrew Clark told the Bucks Herald: “I want to see a situa- tion where a disabled person can be in Aylesbury town centre and go to a taxi rank and get a taxi just like everybody else.” Mr Clark said the issue of pricing is a particu- larly difficult one to resolve. He said: “Part of me thinks it’s unac- ceptable that disabled people should have to pay more for the same taxi ride. “The reality is there are
and they cost a lot more. They have to get that money back which they do by charging more.” Mr Clark recently met the council’s senior licensing officer for taxis, Kyle Bennett, to discuss the issues. Mr Bennett said the council wants to eradi- cate discrimination. He said: “This partner- ship will aim to tackle training for the drivers in order to increase their understanding of users with ambulatory problems. “It will also look to ensure that prices charged for the hire of taxis are charged fairly and proportionately to all users and not penalise
disabled
users.” The council will also work with private hire companies to try to make prices fairer.
PHTM JULY 2013
Page 1 |
Page 2 |
Page 3 |
Page 4 |
Page 5 |
Page 6 |
Page 7 |
Page 8 |
Page 9 |
Page 10 |
Page 11 |
Page 12 |
Page 13 |
Page 14 |
Page 15 |
Page 16 |
Page 17 |
Page 18 |
Page 19 |
Page 20 |
Page 21 |
Page 22 |
Page 23 |
Page 24 |
Page 25 |
Page 26 |
Page 27 |
Page 28 |
Page 29 |
Page 30 |
Page 31 |
Page 32 |
Page 33 |
Page 34 |
Page 35 |
Page 36 |
Page 37 |
Page 38 |
Page 39 |
Page 40 |
Page 41 |
Page 42 |
Page 43 |
Page 44 |
Page 45 |
Page 46 |
Page 47 |
Page 48 |
Page 49 |
Page 50 |
Page 51 |
Page 52 |
Page 53 |
Page 54 |
Page 55 |
Page 56 |
Page 57 |
Page 58 |
Page 59 |
Page 60 |
Page 61 |
Page 62 |
Page 63 |
Page 64 |
Page 65 |
Page 66 |
Page 67 |
Page 68 |
Page 69 |
Page 70 |
Page 71 |
Page 72 |
Page 73 |
Page 74 |
Page 75 |
Page 76 |
Page 77 |
Page 78 |
Page 79 |
Page 80