IoL - ALL THINGS LICENSING
assistance, and refrain from charging them more than other passengers. From 28 June, all taxi and private hire vehicle drivers and operators – regardless of whether the vehicle is wheelchair accessible – will be subject to duties under the Equality Act.
The main changes are as follows: • Taxi and PHV drivers will be required to:
Taxis and Private Hire Vehicles (Disabled Persons) Act 2022
The second Act came into force on 28 June and is designed to ensure that all disabled people can access transport ser- vices, free from the fear of discriminatory treatment or being faced with additional charges. It provides specific rights and protections for 13.7 million disabled people across the coun- try so that they can travel with the confidence that they will receive the assistance they require when accessing taxi and private hire vehicle services.
The Act conveys several key actions which Licensing Author- ities will need to take from 28 June:
• Lists of Wheelchair Accessible Vehicles (WAVs)
All licensing authorities now must maintain and publish a list of licenced taxis and PHVs they designate as being wheelchair accessible. This will identify the vehicles whose drivers are subject to the duties at section 165 of the Equality Act on providing assistance to wheelchair users and refraining from charging extra for this. Previous- ly, whilst it was good practice to maintain a list of designated WAV list, it was not a legal requirement.
• Exemptions
Previously, drivers of designated WAVs may apply for an exemption certificate on medical grounds or where their physical condition makes it impossible or un- reasonably difficult to perform the section 165 duties. As a result of the new Act, all taxi and PHV drivers may apply for an exemption certificate and notice on medi- cal grounds or where their physical condition prevents them from performing the mobility assistance duties at sections 164a and 165.
The DfT recommends that authorities have an appropri- ate and transparent policy in place for inviting applications and then issuing exemption certificates and notices, where the Authority is satisfied that it is appro- priate to do so on medical or physical grounds. It is recommended that drivers provide evidence to support their application, preferably from an independent medi- cal professional.
The Act also places new requirements for drivers and operators:
The previous legislation required drivers of designated wheelchair accessible vehicles to accept the carriage of wheelchair users, provide them with reasonable mobility
JULY 2022
- Accept the carriage of any disabled person, provide them with reasonable mobility assistance, and carry their mobility aids, all without charging any more than they would for a non-disabled passenger.
- Provide any disabled passenger who requests it with assistance to identify the vehicle, at no extra charge.
• PHV operators will be required to:
- Accept bookings for or on behalf of any disabled person, if they have a suitable vehicle available.
As all members of the licensed trade should be operating to a high professional standard and treat all customers equally it is perhaps a disappointment there was a need to legislate provisions to protect disabled passengers against unscrupu- lous practices. However, these protections to all customers are much welcomed and now give a legal duty to all drivers to carry a passenger with any mental or physical impairment affecting their day-to-day activities and creates a specific offence of failing to do so.
There will be a number of actions for the trade and licensing authorities to take from 28 June, notably around the aware- ness of health conditions which are now covered. Not all disabilities are visible many disabled passengers show no outward sign of their condition, so drivers and operators will need to know how to speak to the passenger about their condition and ascertain their specific needs, without causing offence.
Similarly, if Licensing Authorities currently require, or opera- tors currently provide disability training for drivers, consideration will need to be given as to whether this is suf- ficient to cover the duties under the new Act, rather than just covering wheelchair and assistance dog users where duties now go beyond this.
To conclude:
These two new Acts, whilst not providing wholesale reform, provide must welcomed safeguards to all taxi users to ensure that standards can be maintained for the safety and accessibility of all users.
Yet again, there is no more important time to be ‘in the know’ about licensing issues affecting the trade and I would again encourage members of the trade to join the Institute of Licensing where these Acts are likely to be subject of many events and publications.
Full details are available at:
www.instituteoflicensing.org. 43
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