(1)
The Secretary of State may make regulations (in this Chapter referred to as
“taxi accessibility regulations”) for securing that it is possible for disabled
persons—
(a) to get into and out of taxis in safety;
(b) 10to do so while in wheelchairs;
(c) to travel in taxis in safety and reasonable comfort;
(d) to do so while in wheelchairs.
(2)
The regulations may, in particular, require a regulated taxi to conform with
provision as to—
(a) 15the size of a door opening for the use of passengers;
(b) the floor area of the passenger compartment;
(c) the amount of headroom in the passenger compartment;
(d)
the fitting of restraining devices designed to ensure the stability of a
wheelchair while the taxi is moving.
(3) 20The regulations may also—
(a)
require the driver of a regulated taxi which is plying for hire, or which
has been hired, to comply with provisions as to the carrying of ramps
or other devices designed to facilitate the loading and unloading of
wheelchairs;
(b)
25require the driver of a regulated taxi in which a disabled person is being
carried while in a wheelchair to comply with provisions as to the
position in which the wheelchair is to be secured.
(4)
The driver of a regulated taxi which is plying for hire or has been hired
commits an offence—
(a) 30by failing to comply with a requirement of the regulations, or
(b)
if the taxi fails to conform with any provision of the regulations with
which it is required to conform.
(5)
A person guilty of an offence under subsection (4) is liable, on summary
conviction, to a fine not exceeding level 3 on the standard scale.
(6) 35In this section—
“passenger compartment” has such meaning as is specified in taxi
accessibility regulations;
“regulated taxi” means a taxi to which taxi accessibility regulations are
expressed to apply.
(1)
The appropriate authority may by regulations provide for the application of
any taxi provision (with or without modification) to—
Equality BillPage 115
(a)
vehicles used for the provision of services under a franchise agreement,
or
(b) drivers of such vehicles.
(2)
A franchise agreement is a contract entered into by the operator of a designated
5transport facility for the provision, by the other party to the contract, of hire car
services—
(a) for members of the public using any part of the facility, and
(b) which involve vehicles entering any part of the facility.
(3) In this section—
10“appropriate authority” means—
in relation to transport facilities in England and Wales, the
Secretary of State;
in relation to transport facilities in Scotland, the Scottish
Ministers;
15“designated” means designated by order made by the appropriate
authority;
“hire car” has such meaning as is specified in regulations made by the
appropriate authority;
“operator”, in relation to a transport facility, means a person who is
20concerned with the management or operation of the facility;
“taxi provision” means a provision of—
this Chapter, or
regulations made in pursuance of section 20(2A) of the Civic
Government (Scotland) Act 1982,
25which applies in relation to taxis or drivers of taxis;
“transport facility” means premises which form part of a port, airport,
railway station or bus station.
(4)
For the purposes of section 2(2) of the European Communities Act 1972
(implementation of Community obligations), the Secretary of State may
30exercise a power conferred by this section on the Scottish Ministers.
(1)
A licence for a taxi to ply for hire must not be granted unless the vehicle
conforms with the provisions of taxi accessibility regulations with which a
vehicle is required to conform if it is licensed.
(2)
35Subsection (1) does not apply if a licence is in force in relation to the vehicle at
any time during the period of 28 days immediately before the day on which the
licence is granted.
(3)
The Secretary of State may by order provide for subsection (2) to cease to have
effect on a specified date.
(4)
40The power under subsection (3) may be exercised differently for different areas
or localities.
Equality BillPage 116
(1)
The Secretary of State may by regulations provide for a relevant licensing
authority to apply for an order (an “exemption order”) exempting the authority
from the requirements of section 156.
(2)
5Regulations under subsection (1) may, in particular, make provision requiring
an authority proposing to apply for an exemption order—
(a) to carry out such consultation as is specified;
(b) to publish its proposals in the specified manner;
(c)
before applying for the order, to consider representations made about
10the proposal;
(d) to make the application in the specified form.
In this subsection “specified” means specified in the regulations.
(3) An authority may apply for an exemption order only if it is satisfied—
(a)
that, having regard to the circumstances in its area, it is inappropriate
15for section 156 to apply, and
(b)
that the application of that section would result in an unacceptable
reduction in the number of taxis in its area.
(4)
After consulting the Disabled Persons Transport Advisory Committee and
such other persons as the Secretary of State thinks appropriate, the Secretary of
20State may—
(a) make an exemption order in the terms of the application for the order;
(b)
make an exemption order in such other terms as the Secretary of State
thinks appropriate;
(c) refuse to make an exemption order.
(5)
25The Secretary of State may by regulations make provision requiring a taxi
plying for hire in an area in respect of which an exemption order is in force to
conform with provisions of the regulations as to the fitting and use of swivel
seats.
(6)
Regulations under subsection (5) may make provision corresponding to
30section 156.
(7) In this section—
“relevant licensing authority” means an authority responsible for
licensing taxis in any area of Great Britain other than the area to which
the Metropolitan Public Carriage Act 1869 applies;
35“swivel seats” has such meaning as is specified in regulations under
subsection (5).
(1)
This section imposes duties on the driver of a designated taxi which has been
hired—
(a) 40by or for a disabled person who is in a wheelchair, or
(b)
by another person who wishes to be accompanied by a disabled person
who is in a wheelchair.
Equality BillPage 117
(2)
This section also imposes duties on the driver of a designated private hire
vehicle, if a person within paragraph (a) or (b) of subsection (1) has indicated
to the driver that he or she wishes to travel in the vehicle.
(3) For the purposes of this section—
(a)
5a taxi or private hire vehicle is “designated” if it appears on a list
maintained under section 160;
(b) “the passenger” means the disabled person concerned.
(4) The duties are—
(a) to carry the passenger while in the wheelchair;
(b) 10not to make any additional charge for doing so;
(c)
if the passenger chooses to sit in a passenger seat, to carry the
wheelchair;
(d)
to take such steps as are necessary to ensure that the passenger is
carried in safety and reasonable comfort;
(e)
15to give the passenger such mobility assistance as is reasonably
required.
(5) Mobility assistance is assistance—
(a) to enable the passenger to get into or out of the vehicle;
(b)
if the passenger wishes to remain in the wheelchair, to enable the
20passenger to get into and out of the vehicle while in the wheelchair;
(c) to load the passenger’s luggage into or out of the vehicle;
(d)
if the passenger does not wish to remain in the wheelchair, to load the
wheelchair into or out of the vehicle.
(6) This section does not require the driver—
(a)
25unless the vehicle is of a description specified in regulations made by
the Secretary of State, to carry more than one person in a wheelchair, or
more than one wheelchair, on any one journey;
(b)
to carry a person in circumstances in which it would otherwise be
lawful for the driver to refuse to carry the person.
(7)
30A driver of a designated taxi or designated private hire vehicle commits an
offence by failing to comply with a duty imposed on the driver by this section.
(8)
A person guilty of an offence under subsection (7) is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
(9)
It is a defence for a person charged with the offence to show that at the time of
35the alleged offence—
(a)
the vehicle conformed to the accessibility requirements which applied
to it, but
(b)
it would not have been possible for the wheelchair to be carried safely
in the vehicle.
(10) 40In this section and sections 159 and 160 “private hire vehicle” means—
(a)
a vehicle licensed under section 48 of the Local Government
(Miscellaneous Provisions) Act 1976;
(b)
a vehicle licensed under section 7 of the Private Hire Vehicles (London)
Act 1998;
(c) 45a vehicle licensed under an equivalent provision of a local enactment;
(d)
a private hire car licensed under section 10 of the Civic Government
(Scotland) Act 1982.
Equality BillPage 118
(1)
A licensing authority must issue a person with a certificate exempting the
person from the duties imposed by section 158 (an “exemption certificate”) if
satisfied that it is appropriate to do so—
(a) 5on medical grounds, or
(b)
on the ground that the person’s physical condition makes it impossible
or unreasonably difficult for the person to comply with those duties.
(2)
An exemption certificate is valid for such period as is specified in the
certificate.
(3)
10The driver of a designated taxi is exempt from the duties imposed by section
158 if—
(a) an exemption certificate issued to the driver is in force, and
(b)
the prescribed notice of the exemption is exhibited on the taxi in the
prescribed manner.
(4)
15The driver of a designated private hire vehicle is exempt from the duties
imposed by section 158 if—
(a) an exemption certificate issued to the driver is in force, and
(b)
the prescribed notice of the exemption is exhibited on the vehicle in the
prescribed manner.
(5)
20For the purposes of this section a taxi or private hire vehicle is “designated” if
it appears on a list maintained under section 160.
(6)
In this section and section 160 “licensing authority”, in relation to any area,
means the authority responsible for licensing taxis or, as the case may be,
private hire vehicles in that area.
(1)
For the purposes of section 158 a licensing authority may maintain a list of
vehicles falling within subsection (2).
(2) A vehicle falls within this subsection if—
(a) it is either a taxi or a private hire vehicle, and
(b)
30it conforms to such accessibility requirements as the licensing authority
thinks fit.
(3)
A licensing authority may, if it thinks fit, decide that a vehicle may be included
on a list maintained under this section only if it being used, or is to be used, by
the holder of a special licence under that licence.
35In this subsection “special licence” has the meaning given by section 12 of the
Transport Act 1985 (use of taxis or hire cars in providing local services).
(4)
“Accessibility requirements” are requirements for securing that it is possible
for disabled persons in wheelchairs—
(a) to get into and out of vehicles in safety, and
(b) 40to travel in vehicles in safety and reasonable comfort,
either staying in their wheelchairs or not (depending on which they prefer).
(5) The Secretary of State may issue guidance to licensing authorities as to—
(a)
the accessibility requirements which they should apply for the
purposes of this section;
Equality BillPage 119
(b) any other aspect of their functions under or by virtue of this section.
(6)
A licensing authority which maintains a list under subsection (1) must have
regard to any guidance issued under subsection (5).
(1) 5This section imposes duties on the driver of a taxi which has been hired—
(a) by or for a disabled person who is accompanied by an assistance dog, or
(b)
by another person who wishes to be accompanied by a disabled person
with an assistance dog.
(2) The driver must—
(a) 10carry the disabled person’s dog and allow it to remain with that person;
(b) not make any additional charge for doing so.
(3)
The driver of a taxi commits an offence by failing to comply with a duty
imposed by this section.
(4)
A person guilty of an offence under this section is liable to a fine not exceeding
15level 3 on the standard scale.
(1)
A licensing authority must issue a person with a certificate exempting the
person from the duties imposed by section 161 (an “exemption certificate”) if
satisfied that it is appropriate to do so on medical grounds.
(2)
20In deciding whether to issue an exemption certificate the authority must have
regard, in particular, to the physical characteristics of the taxi which the person
drives or those of any kind of taxi in relation to which the person requires the
certificate.
(3) An exemption certificate is valid—
(a) 25in respect of a specified taxi or a specified kind of taxi;
(b) for such period as is specified in the certificate.
(4) The driver of a taxi is exempt from the duties imposed by section 161 if—
(a)
an exemption certificate issued to the driver is in force with respect to
the taxi, and
(b)
30the prescribed notice of the exemption is exhibited on the taxi in the
prescribed manner.
The power to make regulations under paragraph (b) is exercisable by the
Secretary of State.
(5) In this section “licensing authority” means—
Equality BillPage 120
(a)
in relation to the area to which the Metropolitan Public Carriage Act
1869 applies, the Secretary of State or the holder of any office for the
time being designated by the Secretary of State;
(b)
in relation to any other area in England and Wales, the authority
5responsible for licensing taxis in that area.
(1)
The operator of a private hire vehicle (O) commits an offence by failing or
refusing to accept a booking for the vehicle—
(a)
if the booking is requested by or on behalf of a disabled person or a
10person who wishes to be accompanied by a disabled person, and
(b)
the reason for the failure or refusal is that the disabled person will be
accompanied by an assistance dog.
(2)
O commits an offence by making an additional charge for carrying an
assistance dog which is accompanying a disabled person.
(3)
15The driver of a private hire vehicle commits an offence by failing or refusing to
carry out a booking accepted by O—
(a)
if the booking is made by or on behalf of a disabled person or a person
who wishes to be accompanied by a disabled person, and
(b)
the reason for the failure or refusal is that the disabled person is
20accompanied by an assistance dog.
(4)
A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 3 on the standard scale.
(5) In this section—
“driver” means a person who holds a licence under—
25section 13 of the Private Hire Vehicles (London) Act 1998 (“the
1998 Act”),
section 51 of the Local Government (Miscellaneous Provisions)
Act 1976 (“the 1976 Act”), or
an equivalent provision of a local enactment;
30“licensing authority”, in relation to any area in England and Wales, means
the authority responsible for licensing private hire vehicles in that area;
“operator” means a person who holds a licence under—
section 3 of the 1998 Act,
section 55 of the 1976 Act, or
35an equivalent provision of a local enactment;
“private hire vehicle” means a vehicle licensed under—
section 6 of the 1998 Act,
section 48 of the 1976 Act, or
an equivalent provision of a local enactment.
(1)
A licensing authority must issue a driver with a certificate exempting the
driver from the offence under section 163(3) (an “exemption certificate”) if
satisfied that it is appropriate to do so on medical grounds.
Equality BillPage 121
(2)
In deciding whether to issue an exemption certificate the authority must have
regard, in particular, to the physical characteristics of the private hire vehicle
which the person drives or those of any kind of private hire vehicle in relation
to which the person requires the certificate.
(3) 5An exemption certificate is valid—
(a)
in respect of a specified private hire vehicle or a specified kind of
private hire vehicle;
(b) for such period as is specified in the certificate.
(4) A driver does not commit an offence under section 163(3) if—
(a)
10an exemption certificate issued to the driver is in force with respect to
the private hire vehicle, and
(b)
the prescribed notice of the exemption is exhibited on the vehicle in the
prescribed manner.
The power to make regulations under paragraph (b) is exercisable by the
15Secretary of State.
(5)
In this section “driver”, “licensing authority” and “private hire vehicle” have
the same meaning as in section 163.
(1)
A person who is aggrieved by the refusal of a licensing authority to issue an
20exemption certificate under section 159, 162 or 164 may appeal to a
magistrates’ court or, in Scotland, the sheriff before the end of the period of 28
days beginning with the date of the refusal.
(2)
On an appeal under subsection (1), the magistrates’ court or sheriff may direct
the licensing authority to issue the exemption certificate to have effect for such
25period as is specified in the direction.
(3)
A person who is aggrieved by the decision of a licensing authority to include a
vehicle on a list maintained under section 160 may appeal to a magistrates’
court or, in Scotland, the sheriff before the end of the period of 28 days
beginning with the date of the inclusion.
(1) In this Chapter—
“accessibility requirements” has the meaning given in section 160(4);
Equality BillPage 122
“assistance dog” means—
a dog which has been trained to guide a blind person;
a dog which has been trained to assist a deaf person;
a dog which has been trained by a prescribed charity to assist a
5disabled person who has a disability that consists of epilepsy or
otherwise affects the person’s mobility, manual dexterity,
physical co-ordination or ability to lift, carry or otherwise move
everyday objects;
a dog of a prescribed category which has been trained to assist
10a disabled person who has a disability (other than one falling
within paragraph (c)) of a prescribed kind;
“taxi”—
means a vehicle which is licensed under section 37 of the Town
Police Clauses Act 1847 or section 6 of the Metropolitan Public
15Carriage Act 1869, and
except in sections 161 to 164, also includes a taxi licensed under
section 10 of the Civic Government (Scotland) Act 1982,
but does not include a vehicle drawn by a horse or other animal;
“taxi accessibility regulations” has the meaning given by section 154(1).
(2)
20A power to make regulations under paragraph (c) or (d) of the definition of
“assistance dog” in subsection (1) is exercisable by the Secretary of State.
(1)
25The Secretary of State may make regulations (in this Chapter referred to as
“PSV accessibility regulations”) for securing that it is possible for disabled
persons—
(a)
to get on to and off regulated public service vehicles in safety and
without unreasonable difficulty (and, in the case of disabled persons in
30wheelchairs, to do so while remaining in their wheelchairs), and
(b) to travel in such vehicles in safety and reasonable comfort.
(2)
The regulations may, in particular, make provision as to the construction, use
and maintenance of regulated public service vehicles, including provision as
to—
(a) 35the fitting of equipment to vehicles;
(b) equipment to be carried by vehicles;
(c) the design of equipment to be fitted to, or carried by, vehicles;
(d)
the fitting and use of restraining devices designed to ensure the
stability of wheelchairs while vehicles are moving;
(e)
40the position in which wheelchairs are to be secured while vehicles are
moving.
(3) In this section “public service vehicle” means a vehicle which is—
(a) adapted to carry more than 8 passengers, and
(b)
a public service vehicle for the purposes of the Public Passenger
45Vehicles Act 1981;
Equality BillPage 123
and in this Chapter “regulated public service vehicle” means a public service
vehicle to which PSV accessibility regulations are expressed to apply.
(4) The regulations may make different provision—
(a) as respects different classes or descriptions of vehicle;
(b)
5as respects the same class or description of vehicle in different
circumstances.
(5)
The Secretary of State must not make regulations under this section or section
169 or 170 without consulting—
(a) the Disabled Persons Transport Advisory Committee, and
(b)
10such other representative organisations as the Secretary of State thinks
fit.
(1) A person commits an offence by—
(a) contravening a provision of PSV accessibility regulations;
(b)
15using on a road a regulated public service vehicle which does not
conform with a provision of the regulations with which it is required to
conform;
(c)
causing or permitting such a regulated public service vehicle to be used
on a road.
(2)
20A person guilty of an offence under this section is liable on summary
conviction to a fine not exceeding level 4 on the standard scale.
(3)
If an offence under this section committed by a body corporate is committed
with the consent or connivance of, or is attributable to neglect on the part of, a
responsible person, the responsible person as well as the body corporate is
25guilty of the offence.
(4) In subsection (3) a responsible person, in relation to a body corporate, is—
(a) a director, manager, secretary or similar officer;
(b)
a person purporting to act in the capacity of a person mentioned in
paragraph (a);
(c)
30in the case of a body corporate whose affairs are managed by its
members, a member.
(5)
If, in Scotland, an offence committed by a partnership or an unincorporated
association is committed with the consent or connivance of, or is attributable to
neglect on the part of, a partner or person concerned in the management of the
35association, the partner or person as well as the partnership or association is
guilty of the offence.