These sections have simply been lifted from the Disability Discrimination Act 1995 which imposed duties on taxi and PHV drivers (and PHV operators) to accept guide dogs.
When these sections come into force on 1 October, the existing sections in the Disability Discrimination Act 1995 will be repealed.
So, the change is largely a technical one rather than one with any practical impli- cations.
There is nothing new and nothing additional that drivers (and PHV operators) need to do in relation to assistance dogs. The existing obligations will carry on after 1 October but simply under different legislation. However, there is one important point to note. The legislation bringing these sec- tions of the Equality Act into force on 1 October is designed to ensure a smooth transition from the assistance dogs provisions in the Disability Discrimination Act 1995 to those contained in the Equality Act 2010. The legislation will ensure that: • The Exemption Notice Regulations (The Disability Discrimination Act 1995 (Taxis)(Carrying of Guide Dogs etc.)(England and Wales) Regulations 2000 (SI2000/2990) (as amended) and The Disability Discrimination Act 2003 (Pri- vate Hire Vehicles) (Carriage of Guide Dogs etc)(England and Wales)Regulations 2003 (SI 2003/3122) (as amended) made under sections 37 and 37A of the Disability Discrimination Act 1995 will continue to have effect – as though they had been made under the Equality Act 2010;
• Taxi and PHV drivers who are already exempt from the duty to carry guide dogs can continue to rely on their certificate of exemption issued by a licens- ing authority even though the certificate refers to the Disability Discrimination Act 1995;
• Licensing authorities will continue to be able to issue certificates to drivers who are exempt from the duty to carry guide dogs even though the certificates say “issued under section 37 or 37A of the Disability Discrimination Act 1995” on them. The certificates are now deemed to have been issued under the Equality Act 2010;
• Licensing authorities will continue to be able to issue the yellow Exemption Notices provided by the Department which exempt drivers must display on their vehicles (and exempt drivers will continue to be able to display them), even though the Notices refer to the Disability Discrimination Act 1995. The comprehensive guidance issued by the Department in 2007 about the duties to carry assistance dogs and the procedure for granting medical exemptions etc still stands. This is because there has been no substantive change in the actual duties or the assessment of applicants for medical exemptions. The Guidance can be viewed at:
http://www.dft.gov.uk/adobepdf/259428/323526/19560LicensingAuthorities321.pdf The position in relation to the carriage of assistance dogs in Scotland also remains the same, but the means of achieving this is different. Essentially although the rel- evant sections of the Disability Discrimination Act 1995 will be repealed, the legislation which brings the Equality Act into force will ensure that the provisions inserted into section 20 of the Civic Government (Scotland) Act 1982 remain. THE CONTROL OF TAXI NUMBERS Since the Transport Act 1985 it has been possible for licensing authorities in Eng- land and Wales (outside of London) to refuse a taxi licence application if they are satisfied that there is no significant unmet demand for taxis in their licensing area. Section 161 of the Equality Act 2010 qualifies the law in this area, to ensure licensing authorities that have relatively few wheelchair accessible taxis operat- ing in their area, do not refuse licences to such vehicles for the purposes of controlling taxi numbers. For section 161 to have effect, the Secretary of State must make regulations specifying: • the proportion of wheelchair accessible taxis that must operate in an area before the respective licensing authority is lawfully able to refuse to license such a vehicle on the grounds of controlling taxi numbers; and
• the dimensions of a wheelchair that a wheelchair accessible vehicle must be capable of carrying in order for it to fall within this provision. The DfT plans to consult on the content of regulations before section 161 comes in to force; the actual date will be announced in due course, but it will not be before April 2011.
EQUALITY ACT 2010
ARE YOU A TAXI OR PRIVATE HIRE VEHICLE DRIVER? There are some changes in the law which will come into effect in October 2010 which might affect you.
The Equality Act, which was passed earlier this year, includes some provisions relating specifically to taxis and private hire vehicles (PHVs) and disability. Certain parts of the Act do not become law until the Government makes com- mencement orders to bring each part of it into force. The Government intends to bring into force several parts of the Act in October 2010, including some, but not all, of the provisions that are specific to taxis and PHVs. Other provisions will come into force later – but not before April 2011.
This note describes what will happen in October in relation to those parts of the Act that are specific to taxis and PHVs, and what the implications will be for taxi and PHV drivers.
This note focuses on the implications for the taxi and PHV trades of the October provisions. A separate note has been prepared for licensing authorities. DUTIES ON DRIVERS TO ASSIST PASSENGERS IN WHEELCHAIRS The Equality Act is due to place duties on the drivers of designated wheelchair accessible taxis and PHVs to provide physical assistance to passengers in wheelchairs. A further announcement will be made on when the duties will come into force, but it will not be before April 2011.
The duties will apply to the driver of any wheelchair accessible taxi or PHV which is on the licensing authority’s list of “designated vehicles”.
PAGE 12
If you are the driver of a wheelchair accessible taxi or PHV, it is advised that you find out whether your licensing authority intends to maintain a list of des- ignated vehicles, and therefore whether the duties are likely to apply to you. Before the duties are brought into force, any drivers who suffer from a disability or a condition which would make it difficult for them to provide physical assis- tance can apply for an exemption from the duties to offer assistance. The opportunity to apply for exemptions starts on 1 October. WHAT DO I NEED TO DO?
If you are the driver of a wheelchair accessible taxi or PHV, the first thing you need to do is establish whether your licensing authority intends to keep a list of designated vehicles. We are encouraging licensing authorities to make their deci- sion known to drivers and perhaps establish a “shadow” list as soon as possible. If your licensing authority does intend to maintain a list of designated vehicles, and your wheelchair accessible vehicle is to be included on the list, you will be required to carry out the duties to assist wheelchair users. WHAT ARE THE DUTIES?
The duties being placed on the drivers of designated wheelchair accessible taxis and PHVs are: • to carry the passenger while in a 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. WHAT DOES MOBILITY ASSISTANCE MEAN?
Mobility assistance essentially means helping passengers who use wheelchairs by providing physical assistance.
If the passenger wishes to remain in the wheelchair, the driver must help the pas- senger to get into and out of the vehicle.
If the passenger wants to transfer to a seat, the driver must help him or her to get out of the wheelchair and into a seat and back into the wheelchair; the driver must also load the wheelchair into the vehicle.
The driver must also offer to load the passenger’s luggage into and out of the vehicle. WHAT IF MY LICENSING AUTHORITY DOES NOT INTEND TO KEEP A LIST OF DESIGNATED VEHICLES?
If a licensing authority does not intend to maintain a list of designated vehicles then the duties will not apply; the duties only apply to drivers of vehicles which are on the licensing authority’s list of designated vehicles. WHAT IF I HAVE A BACK CONDITION WHICH MAKES IT IMPOSSIBLE FOR ME TO HELP A PASSENGER IN A WHEELCHAIR GET INTO A CAB? The new Act allows for exemptions from the duties on medical grounds or if the driver’s physical condition makes it impossible or unreasonably difficult for him or her to comply with those duties.
It is the responsibility of drivers who require an exemption to apply for one from their licensing authority before the duties come into force; they will have at least six months to go through this process. WHO DECIDES IF A DRIVER IS EXEMPT?
The local licensing authority decides if a driver should be exempt from the duties. WHAT IF THE LICENSING AUTHORITY SAYS THAT I AM OK TO CARRY OUT THE DUTIES AND I DISAGREE?
The legislation allows a driver to appeal to the magistrates’ court within 28 days if the licensing authority decides not to issue an exemption certificate. HOW WILL PASSENGERS KNOW THAT I AM EXEMPT FROM THE DUTIES TO ASSIST PASSENGERS?
The Department will be printing and issuing to licensing authorities special Exemption Notices which exempted drivers must display on their vehicles in order that passengers will know that the driver is exempt from duties. WHEN WILL THE DUTIES COME INTO FORCE?
A further announcement will be made about when the actual duties to assist will come into force, but it will not be before April 2011.
Drivers with a medical condition that prevents them from carrying out the duties will be able to apply to their licensing authority for an exemption from October 2010, before the duties come into force. GUIDE DOGS
The other thing that will happen on the 1st of October is that the duties placed on taxi and PHV drivers and on PHV operators to carry guide dogs and other assistance dogs will transfer from the Disability Discrimination Act 1995 to the Equality Act 2010. In practice, the duties will remain exactly the same as they are now. Any person who is currently exempt from the duty to carry an assistance dog on medical grounds will continue to be exempt.
That is because we have made a change in the law so that all existing exemption certificates and all existing exemption notices remain in force as though they had been made under the Equality Act 2010. WILL I HAVE TO TAKE A DIFFERENT APPROACH TO THE CARRIAGE OF GUIDE DOGS FROM 1 OCTOBER?
No. The change is a purely technical one; the duties to carry guide dogs and other assistance dogs will not change at all. I HAVE AN EXEMPTION CERTIFICATE WHICH SAYS THAT IT WAS ISSUED UNDER THE DISABILITY DISCRIMINATION ACT 1995 – DO I HAVE TO GET A NEW ONE?
No, you do not have to get a new certificate, the certificate which you have been granted remains valid until its expiry date. I HAVE A SPECIAL NOTICE IN MY TAXI/PHV WHICH SAYS THAT I AM EXEMPT FROM CARRYING GUIDE DOGS AND MENTIONS THE DIS- ABILITY DISCRIMINATION ACT 1995 – DO I NEED TO GET A NEW ONE? No, you do not have to get a new exemption notice; the notice which was pro- vided by the licensing authority remains valid until its expiry date.
PHTM OCTOBER 2010
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 |
Page 81 |
Page 82 |
Page 83 |
Page 84 |
Page 85 |
Page 86 |
Page 87 |
Page 88 |
Page 89 |
Page 90 |
Page 91 |
Page 92 |
Page 93 |
Page 94 |
Page 95 |
Page 96 |
Page 97 |
Page 98 |
Page 99 |
Page 100 |
Page 101 |
Page 102 |
Page 103 |
Page 104
