|
| |
| |
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
“passenger compartment” has such meaning as is specified in taxi |
| |
accessibility regulations; |
| 20 |
“regulated taxi” means a taxi to which taxi accessibility regulations are |
| |
| |
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, |
| |
| |
(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 |
| |
(a) | for members of the public using any part of the facility, and |
| |
(b) | which involve vehicles entering any part of the facility. |
| |
| |
“appropriate authority” means— |
| 35 |
(a) | in relation to transport facilities in England and Wales, the |
| |
| |
(b) | in relation to transport facilities in Scotland, the Scottish |
| |
| |
“designated” means designated by order made by the appropriate |
| 40 |
| |
“hire car” has such meaning as is specified in regulations made by the |
| |
| |
“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— |
| |
| |
| |
|
| |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| 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 |
| |
| 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 |
| |
| |
(c) | refuse to make an exemption order. |
| |
| |
| |
|
| |
| |
(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 |
| |
| |
(6) | Regulations under subsection (5) may make provision corresponding to |
| 5 |
| |
| |
“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 |
| |
| |
160 | Passengers in wheelchairs |
| |
(1) | This section imposes duties on the driver of a designated taxi which has been |
| |
| 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 |
| |
| |
(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 |
| |
(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 |
| |
| 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 |
| |
| |
(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 |
| |
| |
|
| |
| |
(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 |
| |
| |
(a) | the vehicle conformed to the accessibility requirements which applied |
| |
| 10 |
(b) | it would not have been possible for the wheelchair to be carried safely |
| |
| |
(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) |
| |
| |
(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 |
| |
| 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 |
| |
| |
(3) | The driver of a designated taxi is exempt from the duties imposed by section |
| 30 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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. |
| |
| |
| |
|
