EQUALITY ACT 2010 – TAXIS AND PRIVATE HIRE VEHICLES Provisions coming into effect in October 2010
INTRODUCTION
The Equality Act 2010 brings together in one Act a number of different pieces of legislation about discrimination,- including disability discrimination. The new Act includes many of the taxi and private hire vehicle (PHV) provisions which were in the Disability Discrimination Act 1995, but it also includes some important changes.
Sections 160 to 173 of the Equality Act 2010 relate specifically to taxis and pri- vate hire vehicles (PHVs).
The Equality Act 2010 can be viewed at
http://www.opsi.gov.uk/acts/acts2010/ukpga_20100015_en_1 Some of the taxi/PHV provisions are being brought into force on 1st October 2010. This guidance note explains which taxi/PHV sections are being brought into force on that date and is designed for licensing authorities.
A separate guidance note has been prepared specifically for the taxi and PHV trades.
DUTIES TO ASSIST PASSENGERS IN WHEELCHAIRS Sections 165, 166 and 167 of the Equality Act 2010 deal with the imposition of duties on the drivers of wheelchair accessible taxis and PHVs to assist passen- gers who use wheelchairs.
The duties which had been contained in the Disability Discrimination Act 1995 had never been brought into force so when the duties are actually brought into force – at a later date, but not before April 2011 - it will constitute a substantive change in the law. The duties - Section 165 places duties on drivers of designated wheelchair accessible taxis and PHVs. Designated vehicles are those listed by the licensing authority under section 167 (see ‘Lists of wheelchair accessible vehicles’, below). The duties are: • to carry the passenger while in the 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. This section will be commenced at a later date, but not before April 2011. Exemptions from the duties - Section 166 allows licensing authorities to exempt drivers from the duties to assist passengers in wheelchairs if they are sat- isfied that it is appropriate to do so on medical grounds or because the driver’s physical condition makes it impossible or unreasonably difficult for him or her to comply with the duties.
THIS SECTION WILL BE COMMENCED ON 1 OCTOBER 2010 Consequently, from October, taxi and PHV drivers who drive designated wheel- chair accessible taxis or PHVs will be able to apply for exemptions. Licensing authorities that intend to maintain a list of wheelchair accessible taxis and PHVs licensed in their area should therefore be putting in place a system for assessing drivers and a system for granting exemption certificates for those drivers who they consider should be exempt.
The Department will be making regulations early in 2011 specifying the exact for- mat for the Exemption Notices that licensing authorities will issue and exempt drivers will be required to display in their vehicles. The Department will also arrange for the printing and distribution of the Exemption Notices (which will be similar to the Notices for drivers who are exempt from carrying guide dogs). These will be ready shortly after the regulations come into force early in 2011. Lists of wheelchair accessible vehicles – Section 167 allows licensing authorities to maintain a list of “designated vehicles”, that is, a list of wheelchair accessible taxis and PHVs licensed in their area. The consequence of being on this list is that the driver must undertake the duties in section 165. This section will be commenced at a later date (not before April 2011). So, although the list of designated vehicles will have no actual effect in law until the duties are commenced, we would urge licensing authorities to start main- taining a list as soon as possible for the purpose of liaising with the trade and issuing exemption certificates. Also, from October, it will be possible for drivers to appeal against a decision by the licensing authority not to grant an exemption; the appeal will go to the mag- istrates’ court.
When section 167 comes into force, and the lists of designated vehicles have a statutory effect, it will be possible for the owner of a vehicle to appeal against a licensing authority’s decision to include his or her vehicle on the list. This appeal will also go to the magistrates’ court.
Separate, and more detailed, guidance will be issued about the accessibility requirements which licensing authorities should apply in relation to this provision and other aspects of their functions under this new approach. This guidance will be issued in the autumn. GUIDE DOGS AND ASSISTANCE DOGS
Sections 168 to 171 of the Equality Act 2010 deal with the carriage of guide dogs and other assistance dogs and England and Wales.
Opinion continues on page 12
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