|
| |
| |
| |
(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) | An exemption certificate is valid— |
| 5 |
(a) | in respect of a specified private hire vehicle or a specified kind of |
| |
| |
(b) | for such period as is specified in the certificate. |
| |
(4) | A driver does not commit an offence under section 163(3) if— |
| |
(a) | an exemption certificate issued to the driver is in force with respect to |
| 10 |
the private hire vehicle, and |
| |
(b) | the prescribed notice of the exemption is exhibited on the vehicle in the |
| |
| |
| The power to make regulations under paragraph (b) is exercisable by the |
| |
| 15 |
(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 |
| |
exemption certificate under section 159, 162 or 164 may appeal to a |
| 20 |
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 |
| |
period as is specified in the direction. |
| 25 |
(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. |
| |
| 30 |
| |
“accessibility requirements” has the meaning given in section 160(4); |
| |
| |
|
| |
| |
| |
Chapter 2: Public service vehicles |
| |
Clause 167: PSV accessibility regulations |
| |
| |
545. This clause enables the Secretary of State to make Public Service Vehicle |
| |
Accessibility regulations specifying the technical standards applying to buses and coaches, to |
| 5 |
provide greater accessibility to disabled passengers including when seated in a wheelchair. |
| |
The requirements can relate to the construction, use and maintenance of the vehicle, to the |
| |
design and carriage of equipment, and to wheelchair restraints and wheelchair position. |
| |
| |
546. This clause replicates the provisions of section 40 of the Disability Discrimination Act |
| 10 |
| |
| |
• Buses and coaches must meet certain technical standards in respect of equipment and |
| |
design to ensure accessibility by disabled passengers. If accessibility features, such as |
| |
hand rails or other aids, were present when the vehicle was approved but have |
| 15 |
subsequently been removed, the bus must not be used on the road. |
| |
| |
|
| |
| |
| |
| |
(a) | a dog which has been trained to guide a blind person; |
| |
(b) | a dog which has been trained to assist a deaf person; |
| |
(c) | a dog which has been trained by a prescribed charity to assist a |
| |
disabled person who has a disability that consists of epilepsy or |
| 5 |
otherwise affects the person’s mobility, manual dexterity, |
| |
physical co-ordination or ability to lift, carry or otherwise move |
| |
| |
(d) | a dog of a prescribed category which has been trained to assist |
| |
a disabled person who has a disability (other than one falling |
| 10 |
within paragraph (c)) of a prescribed kind; |
| |
| |
(a) | means a vehicle which is licensed under section 37 of the Town |
| |
Police Clauses Act 1847 or section 6 of the Metropolitan Public |
| |
| 15 |
(b) | 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) | A power to make regulations under paragraph (c) or (d) of the definition of |
| 20 |
“assistance dog” in subsection (1) is exercisable by the Secretary of State. |
| |
| |
| |
167 | PSV accessibility regulations |
| |
(1) | The Secretary of State may make regulations (in this Chapter referred to as |
| 25 |
“PSV accessibility regulations”) for securing that it is possible for disabled |
| |
| |
(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 |
| |
wheelchairs, to do so while remaining in their wheelchairs), and |
| 30 |
(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 |
| |
| |
(a) | the fitting of equipment to vehicles; |
| 35 |
(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) | the position in which wheelchairs are to be secured while vehicles are |
| 40 |
| |
(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 |
| |
| 45 |
| |
|
| |
| |
| |
Clause 168: Offence of contravening PSV accessibility regulations |
| |
| |
547. This clause makes it an offence to fail to comply with the requirements of the |
| |
regulations or to use or allow to be used on the road a public service vehicle which does not |
| |
meet the requirements of the regulations. If an offence is found to have been committed by or |
| 5 |
with the consent of a responsible person, such as a director, manager or company secretary, |
| |
that individual, as well as the company, is guilty of the offence. |
| |
548. The offence is punishable by a fine of up to £2,500. |
| |
| |
549. This clause replicates the offence provisions of section 40 of the Disability |
| 10 |
| |
| |
• A bus has an accessibility feature removed and is subsequently used on a registered |
| |
service. By using, or permitting the vehicle to be used in this condition, an offence is |
| |
committed and may lead to the driver and the operator being convicted of the offence |
| 15 |
and a fine of up to £2,500 being imposed. |
| |
Clause 169: Accessibility certificates |
| |
| |
550. This clause requires a regulated public service vehicle to have an accessibility |
| |
certificate to demonstrate that it meets the requirements of the Public Service Vehicle Access |
| 20 |
regulations (see clause 167), or an approval certificate (see clause 170), before it can be used |
| |
on a road. It also allows the Secretary of State to make regulations relating to applications and |
| |
the issue (or copies) of accessibility certificates and providing for vehicle examinations. |
| |
| |
|
| |
| |
| |
| 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) | as respects the same class or description of vehicle in different |
| 5 |
| |
(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) | such other representative organisations as the Secretary of State thinks |
| 10 |
| |
168 | Offence of contravening PSV accessibility regulations |
| |
(1) | A person commits an offence by— |
| |
(a) | contravening a provision of PSV accessibility regulations; |
| |
(b) | using on a road a regulated public service vehicle which does not |
| 15 |
conform with a provision of the regulations with which it is required to |
| |
| |
(c) | causing or permitting such a regulated public service vehicle to be used |
| |
| |
(2) | A person guilty of an offence under this section is liable on summary |
| 20 |
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 |
| |
| 25 |
(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 |
| |
| |
(c) | in the case of a body corporate whose affairs are managed by its |
| 30 |
| |
(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 |
| |
association, the partner or person as well as the partnership or association is |
| 35 |
| |
169 | Accessibility certificates |
| |
(1) | A regulated public service vehicle must not be used on a road unless— |
| |
(a) | a vehicle examiner has issued a certificate (an “accessibility certificate”) |
| |
that such provisions of PSV accessibility regulations as are prescribed |
| 40 |
are satisfied in respect of the vehicle, or |
| |
(b) | an approval certificate has been issued under section 170 in respect of |
| |
| |
(2) | Regulations may make provision— |
| |
| |
|
| |
| |
| |
| |
551. This clause replicates the provisions contained in section 41 of the Disability |
| |
| |
| |
• A bus must have an accessibility certificate showing that it conforms to requirements |
| 5 |
about accessibility features, for example, ramps, handrails and wheelchair spaces. The |
| |
certificate shows that the bus meets the minimum acceptable standard to enable |
| |
disabled passengers to get on and off it and be carried on it in reasonable safety and |
| |
| |
Clause 170: Approval certificates |
| 10 |
| |
552. This clause allows the Secretary of State to approve a public service vehicle as a “type |
| |
vehicle” if the relevant technical requirements are met, and the issue of an approval certificate |
| |
if a particular vehicle conforms with a “type vehicle”. This allows a design of vehicle to be |
| |
approved as meeting the technical and accessibility requirements. It also contains a power for |
| 15 |
the Secretary of State to make regulations relating to applications and the issue (or copies) of |
| |
approval certificates and providing for vehicle examinations. |
| |
553. The Secretary of State can withdraw approval for a “type vehicle” at any time. When |
| |
this happens, no further approval certificates may be issued. The certificates issued prior to |
| |
| 20 |
| |
554. This clause replicates the provisions contained in section 42 of the Disability |
| |
| |
| |
• A particular bus manufacturer’s chassis in combination with a body is approved as a |
| 25 |
“type vehicle”, and approval certificates are issued in respect of buses conforming to |
| |
this design. Modifications are subsequently made to the “type vehicle” which mean |
| |
that it no longer meets the technical requirements, so its approval as a “type vehicle” is |
| |
withdrawn and no approval certificates will be issued in respect of buses conforming |
| |
| 30 |
| |
|
| |
| |
| |
(a) | with respect to applications for, and the issue of, accessibility |
| |
| |
(b) | providing for the examination of vehicles in respect of which |
| |
applications have been made; |
| |
(c) | with respect to the issue of copies of accessibility certificates which |
| 5 |
have been lost or destroyed. |
| |
(3) | The operator of a regulated public service vehicle commits an offence if the |
| |
vehicle is used in contravention of this section. |
| |
(4) | A person guilty of an offence under this section is liable on summary |
| |
conviction to a fine not exceeding level 4 on the standard scale. |
| 10 |
(5) | A power to make regulations under this section is exercisable by the Secretary |
| |
| |
(6) | In this section “operator” has the same meaning as in the Public Passenger |
| |
| |
170 | Approval certificates |
| 15 |
(1) | The Secretary of State may approve a vehicle for the purposes of this section if |
| |
satisfied that such provisions of PSV accessibility regulations as are prescribed |
| |
for the purposes of section 169 are satisfied in respect of the vehicle. |
| |
(2) | A vehicle which is so approved is referred to in this section as a “type vehicle”. |
| |
(3) | Subsection (4) applies if a declaration in the prescribed form is made by an |
| 20 |
authorised person that a particular vehicle conforms in design, construction |
| |
and equipment with a type vehicle. |
| |
(4) | A vehicle examiner may issue a certificate in the prescribed form (an “approval |
| |
certificate”) that it conforms to the type vehicle. |
| |
(5) | Regulations may make provision— |
| 25 |
(a) | with respect to applications for, and grants of, approval under |
| |
| |
(b) | with respect to applications for, and the issue of, approval certificates; |
| |
(c) | providing for the examination of vehicles in respect of which |
| |
applications have been made; |
| 30 |
(d) | with respect to the issue of copies of approval certificates in place of |
| |
certificates which have been lost or destroyed. |
| |
(6) | The Secretary of State may at any time withdraw approval of a type vehicle. |
| |
(7) | If an approval is withdrawn— |
| |
(a) | no further approval certificates are to be issued by reference to the type |
| 35 |
| |
(b) | an approval certificate issued by reference to the type vehicle before the |
| |
withdrawal continues to have effect for the purposes of section 169. |
| |
(8) | A power to make regulations under this section is exercisable by the Secretary |
| |
| 40 |
(9) | In subsection (3) “authorised person” means a person authorised by the |
| |
Secretary of State for the purposes of that subsection. |
| |
| |
|
