IN THE NEWS
NORTH AYRSHIRE GRANTS NON-WHEELCHAIR ACCESSIBLE TAXI LICENCE DESPITE POLICY
A taxi driver in North Ayrshire has successfully secured a licence for a non-WAV, which goes against the established policy of the North Ayrshire Licensing Board. Mary Hewitt was granted the new taxi licence during a Licensing Board meeting on June 11, after arguing her case for an exception to the rule. Licensing chair Eleanor Collier pressed the applicant, stating: “You have to convince us you are entitled to an exception as this is against our policy.” Hewitt, who has been driving a taxi for 28 years, explained her
clientele’s specific needs, stating: “The car I was driving before was a normal saloon car, my husband’s name was on the licence but I had been driving it for 28 years and anybody I pick up is really elderly. It’s like care in the community as well as being a taxi driver.” She further elaborated on her passengers’ mobility challenges: “The people I ferry are not able- bodied, their mobility is not great and they’re unable to get into a car that’s higher than a saloon car.” Cllr Collier acknowledged the broader push towards accessible
transport, saying: “The direction of travel in terms of taxis is for WAVs. It is law and we should be doing everything we can to encourage them. We have heard before about the access issues.” However, Hewitt countered this by stating: “I previously had a WAV and only had a request twice for a wheelchair. The requests are very minimal.” Following the discussion, Cllr Matthew
McLean proposed
granting the licence, a motion which was subsequently passed unanimously by the committee.
DENBIGHSHIRE COUNCIL FACES LEGAL RISK AFTER RELAXING TAXI AGE RULES FOR WAVs
Denbighshire Council’s licensing committee has voted to relax age restrictions on WAV taxis, a move aimed at boosting availability for school transport, despite warnings of potential legal challenges from taxi companies serving able- bodied passengers. The decision, made at a committee meeting on June 3, followed a consultation with c. 300 HC drivers and PHV licence holders. Previously, all taxis over 12 years old were removed from service. Under the new temporary rules, effective until June 2026, WAVs will now be required to meet “Euro 6 emissions standards” and undergo three compliance checks annually once they reach 12 years of age. A review will then assess the impact on WAV availability and consider making the change permanent. Cllr Alan James, who proposed the
PHTM MONTH 2022
relaxation, believes it will have broader benefits. “I think this is a good proposition,” he stated. “It will enable more disabled people to get out and about in the normal public arena, so it isn’t just about Denbighshire’s view of the expense of school transport.” He added: “Let’s see how it works in a year’s time. We’ll come back, evaluate any information we’ve got, and make some decisions.” However, the decision was not without concerns. Cllr Gwyneth Ellis raised a pertinent legal question: “I’d be interested in a legal opinion that if we change the requirements for these cars, could that open up a possibility that other operators will be able to say: ’Hang on, if those cars are safe enough for disabled people, then surely they are safe enough if people don’t have a wheelchair?’”
The council’s legal advisor, Nash- wan Fazlani, acknowledged the inherent risks in any decision. “Invariably, whatever the decision the local authority is going to make, there’s always going to be a legal risk. So, it’s impossible to mitigate a legal risk with any decisions to zero,” he explained. He added: “We have a public- sector equality duty, so users of wheelchair might say that we discriminated against them because we are making their life more difficult in terms of access to taxis and other forms of transport for them to get around. So we are probably in a situation where you have to decide what’s the least worst option in terms of legal risk.” Despite the legal warnings, Cllr Ellie Chard seconded Cllr James’s proposal, and the vote to relax the rules was unanimous.
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