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Disabled persons: transport |
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154 | Taxi accessibility regulations |
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(1) | The Secretary of State may make regulations (in this Chapter referred to as |
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“taxi accessibility regulations”) for securing that it is possible for disabled |
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(a) | to get into and out of taxis in safety; |
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(b) | to do so while in wheelchairs; |
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(c) | to travel in taxis in safety and reasonable comfort; |
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(d) | to do so while in wheelchairs. |
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(2) | The regulations may, in particular, require a regulated taxi to conform with |
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(a) | the size of a door opening for the use of passengers; |
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(b) | the floor area of the passenger compartment; |
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(c) | the amount of headroom in the passenger compartment; |
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(d) | the fitting of restraining devices designed to ensure the stability of a |
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wheelchair while the taxi is moving. |
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(3) | The regulations may also— |
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(a) | require the driver of a regulated taxi which is plying for hire, or which |
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has been hired, to comply with provisions as to the carrying of ramps |
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or other devices designed to facilitate the loading and unloading of |
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(b) | require the driver of a regulated taxi in which a disabled person is being |
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carried while in a wheelchair to comply with provisions as to the |
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position in which the wheelchair is to be secured. |
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(4) | The driver of a regulated taxi which is plying for hire or has been hired |
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(a) | by failing to comply with a requirement of the regulations, or |
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(b) | if the taxi fails to conform with any provision of the regulations with |
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which it is required to conform. |
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(5) | A person guilty of an offence under subsection (4) is liable, on summary |
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conviction, to a fine not exceeding level 3 on the standard scale. |
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“passenger compartment” has such meaning as is specified in taxi |
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accessibility regulations; |
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“regulated taxi” means a taxi to which taxi accessibility regulations are |
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155 | Designated transport facilities |
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(1) | The appropriate authority may by regulations provide for the application of |
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any taxi provision (with or without modification) to— |
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1 of Part 12 of the Bill or under section 20(2A) of the Civic Government (Scotland) Act 1982 |
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to private hire vehicles used in the provision of services under a franchise agreement. |
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513. This clause is designed to replicate the effect of provisions in section 33 of the |
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Disability Discrimination Act 1995. |
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514. Franchise agreements exist between operators of transport facilities (premises which |
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form part of railway stations, airports, ports and bus stations) and operators of private hire |
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cars, in order to provide services to members of the public so that they can travel from, for |
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example, the mainline station to their destination. This clause allows requirements to be |
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placed on vehicles used under a franchise agreement and their drivers to ensure accessibility |
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515. Regulations could require that the vehicles entering, and for use in, an airport to fulfil |
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the terms of a franchise agreement must be accessible to wheelchair users. |
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Clause 156: Taxi licence conditional on compliance with taxi accessibility regulations |
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516. This clause prevents a licensing authority granting a licence for a taxi to ply for hire |
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unless the vehicle complies with the regulations made under clause 155, so as to ensure that |
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licensed taxis in use are accessible by disabled passengers. The provisions do not apply if a |
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taxi has been licensed in the preceding 28 days, so that existing vehicles can continue to be |
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used even if they do not meet the accessibility requirements. |
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517. This clause is designed to replicate the effect of provisions in section 34 of the |
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Disability Discrimination Act 1995. |
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• Someone making an application for a taxi licence will need to ensure the taxi will be |
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accessible by disabled people. |
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(a) | vehicles used for the provision of services under a franchise agreement, |
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(b) | drivers of such vehicles. |
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(2) | A franchise agreement is a contract entered into by the operator of a designated |
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transport facility for the provision, by the other party to the contract, of hire car |
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(a) | for members of the public using any part of the facility, and |
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(b) | which involve vehicles entering any part of the facility. |
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“appropriate authority” means— |
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(a) | in relation to transport facilities in England and Wales, the |
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(b) | in relation to transport facilities in Scotland, the Scottish |
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“designated” means designated by order made by the appropriate |
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“hire car” has such meaning as is specified in regulations made by the |
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“operator”, in relation to a transport facility, means a person who is |
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concerned with the management or operation of the facility; |
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“taxi provision” means a provision of— |
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(b) | regulations made in pursuance of section 20(2A) of the Civic |
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Government (Scotland) Act 1982, |
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which applies in relation to taxis or drivers of taxis; |
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“transport facility” means premises which form part of a port, airport, |
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railway station or bus station. |
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(4) | For the purposes of section 2(2) of the European Communities Act 1972 |
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(implementation of Community obligations), the Secretary of State may |
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exercise a power conferred by this section on the Scottish Ministers. |
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156 | Taxi licence conditional on compliance with taxi accessibility regulations |
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(1) | A licence for a taxi to ply for hire must not be granted unless the vehicle |
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conforms with the provisions of taxi accessibility regulations with which a |
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vehicle is required to conform if it is licensed. |
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(2) | Subsection (1) does not apply if a licence is in force in relation to the vehicle at |
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any time during the period of 28 days immediately before the day on which the |
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(3) | The Secretary of State may by order provide for subsection (2) to cease to have |
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effect on a specified date. |
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(4) | The power under subsection (3) may be exercised differently for different areas |
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• A driver renewing the licence for a taxi will not need to show that the vehicle meets |
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the accessibility requirements as long as it was licensed in the 28 days preceding the |
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grant of the new licence. |
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Clause 157: Exemption from accessibility regulations |
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518. This clause contains a power for the Secretary of State to make regulations allowing a |
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licensing authority to apply for an order exempting it from the requirements of clause 156 if it |
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has undertaken a consultation, published the outcome and taken into account any |
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representations. A licensing authority may only apply for an exemption order if applying |
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clause 156 would reduce the number of taxis in the area to an unacceptable level. |
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519. The Secretary of State may grant or refuse such an order but, before deciding whether |
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or not to do so, is required to consult the Disabled Persons Transport Advisory Committee and |
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any other appropriate persons. In granting an exemption order, the Secretary of State may |
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impose certain conditions. Where exemption is given from the full accessibility requirements, |
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taxis may instead be required to be fitted with swivel seats and to conform to any safety |
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conditions when such seats are in use. |
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520. This clause is designed to replicate the effect of provisions in section 35 of the |
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Disability Discrimination Act 1995. |
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• A particular licensing area can apply for an exemption order if it considers that |
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requiring all taxis to comply with the accessibility requirements would mean that |
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licensed taxi drivers in the area would transfer from being hackney carriage drivers to |
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private hire vehicle drivers, because the cost of purchasing accessible taxis would |
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make their business unprofitable. The Secretary of State can agree to make an |
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exemption order but, in doing so, can require a certain number of accessible taxis to be |
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Clause 158: Passengers in wheelchairs |
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521. This clause places duties on drivers of designated taxis and private hire vehicles to |
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carry a disabled passenger while in a wheelchair; to not make an additional charge; if the |
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passenger chooses to sit in a passenger seat, to carry the passenger’s wheelchair; to carry the |
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passenger in safety and in reasonable comfort; and to provide reasonable assistance to enable |
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the passenger to use the taxi. A taxi or private hire vehicle is designated if it appears on a list |
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maintained by the local licensing authority under clause 160. |
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157 | Exemption from taxi accessibility regulations |
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(1) | The Secretary of State may by regulations provide for a relevant licensing |
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authority to apply for an order (an “exemption order”) exempting the authority |
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from the requirements of section 156. |
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(2) | Regulations under subsection (1) may, in particular, make provision requiring |
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an authority proposing to apply for an exemption order— |
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(a) | to carry out such consultation as is specified; |
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(b) | to publish its proposals in the specified manner; |
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(c) | before applying for the order, to consider representations made about |
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(d) | to make the application in the specified form. |
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| In this subsection “specified” means specified in the regulations. |
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(3) | An authority may apply for an exemption order only if it is satisfied— |
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(a) | that, having regard to the circumstances in its area, it is inappropriate |
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for section 156 to apply, and |
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(b) | that the application of that section would result in an unacceptable |
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reduction in the number of taxis in its area. |
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(4) | After consulting the Disabled Persons Transport Advisory Committee and |
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such other persons as the Secretary of State thinks appropriate, the Secretary of |
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(a) | make an exemption order in the terms of the application for the order; |
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(b) | make an exemption order in such other terms as the Secretary of State |
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(c) | refuse to make an exemption order. |
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(5) | The Secretary of State may by regulations make provision requiring a taxi |
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plying for hire in an area in respect of which an exemption order is in force to |
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conform with provisions of the regulations as to the fitting and use of swivel |
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(6) | Regulations under subsection (5) may make provision corresponding to |
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“relevant licensing authority” means an authority responsible for |
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licensing taxis in any area of Great Britain other than the area to which |
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the Metropolitan Public Carriage Act 1869 applies; |
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“swivel seats” has such meaning as is specified in regulations under |
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158 | Passengers in wheelchairs |
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(1) | This section imposes duties on the driver of a designated taxi which has been |
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(a) | by or for a disabled person who is in a wheelchair, or |
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(b) | by another person who wishes to be accompanied by a disabled person |
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522. A driver of a designated taxi or private hire vehicle who refuses to carry a wheelchair |
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user commits an offence punishable by a fine of up to £1,000. |
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523. This clause is designed to replicate the duties contained in section 36 of the Disability |
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Discrimination Act 1995 but it is being amended to apply the duties to drivers of both licensed |
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taxis and private hire vehicles that have been designated as being wheelchair accessible by the |
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local licensing authority. |
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• A person in a wheelchair hires a wheelchair accessible taxi or private hire vehicle. |
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The driver must help the passenger into and out of the vehicle by using a ramp or lift |
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and helping the passenger onto the lift or up the ramp. The driver must ensure the |
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wheelchair is correctly positioned in the vehicle and secured so that the passenger |
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travels safely and in reasonable comfort. |
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• If a passenger in a wheelchair wishes to travel in a passenger seat, the driver must |
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assist the passenger into and out of the vehicle and transport the wheelchair. |
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• A driver must load a disabled passenger’s luggage into and out of the taxi. |
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• A driver cannot charge a person in a wheelchair more than any other passenger. |
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(2) | This section also imposes duties on the driver of a designated private hire |
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vehicle, if a person within paragraph (a) or (b) of subsection (1) has indicated |
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to the driver that he or she wishes to travel in the vehicle. |
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(3) | For the purposes of this section— |
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(a) | a taxi or private hire vehicle is “designated” if it appears on a list |
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maintained under section 160; |
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(b) | “the passenger” means the disabled person concerned. |
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(a) | to carry the passenger while in the wheelchair; |
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(b) | not to make any additional charge for doing so; |
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(c) | if the passenger chooses to sit in a passenger seat, to carry the |
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(d) | to take such steps as are necessary to ensure that the passenger is |
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carried in safety and reasonable comfort; |
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(e) | to give the passenger such mobility assistance as is reasonably |
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(5) | Mobility assistance is assistance— |
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(a) | to enable the passenger to get into or out of the vehicle; |
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(b) | if the passenger wishes to remain in the wheelchair, to enable the |
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passenger to get into and out of the vehicle while in the wheelchair; |
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(c) | to load the passenger’s luggage into or out of the vehicle; |
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(d) | if the passenger does not wish to remain in the wheelchair, to load the |
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wheelchair into or out of the vehicle. |
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(6) | This section does not require the driver— |
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(a) | unless the vehicle is of a description specified in regulations made by |
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the Secretary of State, to carry more than one person in a wheelchair, or |
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more than one wheelchair, on any one journey; |
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(b) | to carry a person in circumstances in which it would otherwise be |
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lawful for the driver to refuse to carry the person. |
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(7) | A driver of a designated taxi or designated private hire vehicle commits an |
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offence by failing to comply with a duty imposed on the driver by this section. |
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(8) | A person guilty of an offence under subsection (7) is liable on summary |
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conviction to a fine not exceeding level 3 on the standard scale. |
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(9) | It is a defence for a person charged with the offence to show that at the time of |
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(a) | the vehicle conformed to the accessibility requirements which applied |
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(b) | it would not have been possible for the wheelchair to be carried safely |
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(10) | In this section and sections 159 and 160 “private hire vehicle” means— |
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(a) | a vehicle licensed under section 48 of the Local Government |
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(Miscellaneous Provisions) Act 1976; |
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(b) | a vehicle licensed under section 7 of the Private Hire Vehicles (London) |
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(c) | a vehicle licensed under an equivalent provision of a local enactment; |
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(d) | a private hire car licensed under section 10 of the Civic Government |
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