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Equality Bill


Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis etc.

99

 

(d)   

the fitting of restraining devices designed to ensure the stability of a

wheelchair while the taxi is moving.

(3)   

The 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

5

or other devices designed to facilitate the loading and unloading of

wheelchairs;

(b)   

require 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.

10

(4)   

The driver of a regulated taxi which is plying for hire or has been hired

commits an offence—

(a)   

by 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.

15

(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)   

In this section—

“passenger compartment” has such meaning as is specified in taxi

accessibility regulations;

20

“regulated taxi” means a taxi to which taxi accessibility regulations are

expressed to apply.

157     

Designated transport facilities

(1)   

The appropriate authority may by regulations provide for the application of

any taxi provision (with or without modification) to—

25

(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

transport facility for the provision, by the other party to the contract, of hire car

30

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—

“appropriate authority” means—

35

(a)   

in relation to transport facilities in England and Wales, the

Secretary of State;

(b)   

in relation to transport facilities in Scotland, the Scottish

Ministers;

“designated” means designated by order made by the appropriate

40

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

concerned with the management or operation of the facility;

45

“taxi provision” means a provision of—

 
 

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis etc.

100

 

(a)   

this Chapter, or

(b)   

regulations made in pursuance of section 20(2A) of the Civic

Government (Scotland) Act 1982,

which applies in relation to taxis or drivers of taxis;

“transport facility” means premises which form part of a port, airport,

5

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

exercise a power conferred by this section on the Scottish Ministers.

158     

Taxi licence conditional on compliance with taxi accessibility regulations

10

(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)   

Subsection (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

15

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)   

The power under subsection (3) may be exercised differently for different areas

or localities.

20

159     

Exemption from taxi accessibility regulations

(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 158.

(2)   

Regulations under subsection (1) may, in particular, make provision requiring

25

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

the proposal;

30

(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

for section 158 to apply, and

35

(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

State may—

40

(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.

 
 

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis etc.

101

 

(5)   

The 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

5

section 158.

(7)   

In this section—

“relevant licensing authority” means an authority responsible for

licensing taxis in any area of England and Wales other than the area to

which the Metropolitan Public Carriage Act 1869 applies;

10

“swivel seats” has such meaning as is specified in regulations under

subsection (5).

160     

Passengers in wheelchairs

(1)   

This section imposes duties on the driver of a designated taxi which has been

hired—

15

(a)   

by 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.

(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

20

to the driver that he or she wishes to travel in the vehicle.

(3)   

For the purposes of this section—

(a)   

a taxi or private hire vehicle is “designated” if it appears on a list

maintained under section 162;

(b)   

“the passenger” means the disabled person concerned.

25

(4)   

The duties are—

(a)   

to carry the passenger while in the wheelchair;

(b)   

not to make any additional charge for doing so;

(c)   

if the passenger chooses to sit in a passenger seat, to carry the

wheelchair;

30

(d)   

to take such steps as are necessary to ensure that the passenger is

carried in safety and reasonable comfort;

(e)   

to give the passenger such mobility assistance as is reasonably

required.

(5)   

Mobility assistance is assistance—

35

(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

passenger 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

40

wheelchair into or out of the vehicle.

(6)   

This section does not require the driver—

(a)   

unless 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;

45

 
 

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis etc.

102

 

(b)   

to carry a person in circumstances in which it would otherwise be

lawful for the driver to refuse to carry the person.

(7)   

A 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

5

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

the alleged offence—

(a)   

the vehicle conformed to the accessibility requirements which applied

to it, but

10

(b)   

it would not have been possible for the wheelchair to be carried safely

in the vehicle.

(10)   

In this section and sections 161 and 162 “private hire vehicle” means—

(a)   

a vehicle licensed under section 48 of the Local Government

(Miscellaneous Provisions) Act 1976;

15

(b)   

a vehicle licensed under section 7 of the Private Hire Vehicles (London)

Act 1998;

(c)   

a 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.

20

161     

Passengers in wheelchairs: exemption certificates

(1)   

A licensing authority must issue a person with a certificate exempting the

person from the duties imposed by section 160 (an “exemption certificate”) if

satisfied that it is appropriate to do so—

(a)   

on medical grounds, or

25

(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)   

The driver of a designated taxi is exempt from the duties imposed by section

30

160 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)   

The driver of a designated private hire vehicle is exempt from the duties

35

imposed by section 160 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)   

For the purposes of this section a taxi or private hire vehicle is “designated” if

40

it appears on a list maintained under section 162.

(6)   

In this section and section 162 “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.

 
 

 
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