Background

538.     This clause has its basis in section 36 of the Disability Discrimination Act 1995 but is now modified substantially. Section 36(1A) of the 1995 Act already places duties on drivers of taxis and PHVs when they are operating local bus services. This clause further modifies the original section 36 requirements by extending to PHV drivers operating conventional services the duties that had applied only to taxi drivers; and the duties apply only in relation to licensed taxis and private hire vehicles that have been designated as being wheelchair accessible by the local licensing authority.

Examples

• A person in a wheelchair hires a wheelchair accessible taxi or private hire vehicle. The driver must help the passenger into and out of the vehicle by using a ramp or lift and helping the passenger onto the lift or up the ramp. The driver must ensure the wheelchair is correctly positioned in the vehicle and secured so that the passenger travels safely and in reasonable comfort.

• If a passenger in a wheelchair wishes to travel in a passenger seat, the driver must assist the passenger into and out of the vehicle and transport the wheelchair.

• A driver must load a disabled passenger’s luggage into and out of the taxi.

• A driver cannot charge a person in a wheelchair more than any other passenger.

Clause 161: Passengers in wheelchairs: exemption certificates

Effect

539.     The Secretary of State may make regulations which allow a licensing authority to exempt a driver from the duties contained in clause 160 if it is satisfied that the driver cannot provide assistance due to a medical or physical condition.

540.     The exemption certificate must be displayed in the vehicle.

Background

541.     This clause has its basis in section 36 of the Disability Discrimination Act 1995 but is now modified substantially (as explained in paragraph 537) and the exemption certificate provision now stands in a separate clause. An exemption certificate needs to be exhibited on a taxi and must be carried in the private hire vehicle. The driver of a private hire vehicle must show the certificate if requested by a disabled passenger or person accompanying a disabled passenger.

Example

• A driver is not required to provide physical assistance to help a passenger in a wheelchair into and out of a vehicle if he is medically unfit to do so.

Clause 162: Lists of wheelchair-accessible vehicles

Effect

542.     This clause permits a licensing authority to maintain a list of wheelchair-accessible taxis and private hire vehicles that serve an area. A licensing authority in England and Wales can designate vehicles for both conventional work and for occasions when these vehicles are providing local bus services. Licensing authorities in Scotland can only designate those taxis and private hire vehicles in its area that provide local bus services. The duties contained in clause 160 will apply to drivers of taxis or private hire vehicles that appear on the list of wheelchair-accessible vehicles.

543.     The clause permits the Secretary of State to issue guidance to licensing authorities and the licensing authority must have regard to any guidance issued.

Background

544.     This clause has its basis in section 36 of the Disability Discrimination Act 1995, in terms of identifying the vehicles to which the duties to assist apply, but is now modified substantially (as explained in paragraph 537) It is designed to enable licensing authorities to designate the taxis and private hire vehicles in their area that are wheelchair-accessible.

Example

• A licensing authority will maintain a list of taxis and private hire vehicles that have been designated as being wheelchair accessible in its area.

• The driver of a vehicle that is included on the list will provide assistance to passengers in wheelchairs and will not charge them an additional fare.

Clause 163: Assistance dogs in taxis

Effect

545.     This clause places duties on drivers of taxis to transport a disabled person’s assistance dog, for example, a blind person’s guide dog, and allow it to stay with the passenger without making any additional charge.

546.     A driver of a taxi who refuses to carry an assistance dog commits an offence that is punishable by a fine of up to £1,000.

Background

547.     This clause is designed to replicate the main provision contained in Section 37 of the Disability Discrimination Act 1995.

Examples

• A person with an assistance dog hails a taxi. The driver must not refuse to transport the assistance dog and must let it accompany the passenger in the taxi.

Clause 164: Assistance dogs in taxis: exemption certificates

Effect

548.     This clause permits a licensing authority to exempt a driver of a taxi from the duties contained in clause 163 if it is satisfied that the driver cannot carry an assistance dog on medical grounds, or that the vehicle is not suitable for the carriage of assistance dogs.

549.     The exemption certificate must be displayed on the taxi.

Background

550.     This clause is designed to replicate the exemption provision that was contained in section 37 of the Disability Discrimination Act 1995.

Example

• A driver who has a medically certified allergy to dogs is not required to carry an assistance dog.

Clause 165: Assistance dogs in private hire vehicles

Effect

551.     This clause places duties on operators and drivers of private hire vehicles to transport a disabled person’s assistance dog and allow it to stay with the passenger without making any additional charge.

552.     An operator or driver of a private hire vehicle who refuses to carry an assistance dog commits an offence that is punishable by a fine of up to £1,000.

Background

553.     This clause is designed to replicate the main provision contained in section 37A of the Disability Discrimination Act 1995.

Examples

• A driver of a private hire vehicle cannot impose an additional charge for carrying an assistance dog.

• An operator of a fleet of private hire vehicles accepts a booking from a passenger with an assistance dog. The driver cannot refuse to carry the assistance dog.

Clause 166: Assistance dogs in private hire vehicles: exemption certificates

Effect

554.     This clause permits a licensing authority to exempt a driver of a private hire vehicle from the duties contained in clause 165 if it is satisfied that the driver cannot carry an assistance dog because of a medical condition, or that the vehicle is not suitable for the carriage of assistance dogs.

555.     The exemption certificate must be displayed in the private hire vehicle.

Background

556.     This clause is designed to replicate the exemption provision that was contained in section 37A of the Disability Discrimination Act 1995.

Example

• A driver is not required to carry an assistance dog if he has a medically certified allergy to dogs.

Clause 167: Appeals

Effect

557.     If a taxi or a private hire vehicle driver is refused a certificate exempting him or her from the requirements to assist disabled passengers in wheelchairs or to carry assistance dogs, this clause gives a right of appeal to a magistrates’ court.

Background

558.     This clause is designed to replicate the provisions of section 38 of the Disability Discrimination Act 1995.

Example

• A taxi driver applies for a certificate exempting him from the requirement to assist disabled passengers in wheelchairs because he has a bad back. His application is refused by the licensing authority but the driver believes insufficient consideration was given to the medical information supporting his application, so he lodges an appeal within 28 days of the decision. The appeal is successful and the court directs the licensing authority to issue an exemption certificate to the driver.

Clause 168: Interpretation

Effect

559.     This clause explains the meaning of the terms, “accessibility requirements”, “assistance dog”, “taxi” and “taxi accessibility regulations”.

Chapter 2: Public service vehicles

Clause 169: PSV accessibility regulations

Effect

560.     This clause enables the Secretary of State to make public service vehicle accessibility regulations specifying the technical standards applying to buses and coaches, to 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.

Background

561.     This clause replicates the provisions of section 40 of the Disability Discrimination Act 1995.

Example

• 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 subsequently been removed, the bus must not be used on the road.

Clause 170: Offence of contravening PSV accessibility regulations

Effect

562.     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 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.

563.     The offence is punishable by a fine of up to £2,500.

Background

564.     This clause replicates the offence provisions of section 40 of the Disability Discrimination Act 1995.

Example

• 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 and a fine of up to £2,500 being imposed.

Clause 171: Accessibility certificates

Effect

565.     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 accessibility regulations (see clause 169), or an approval certificate (see clause 172), 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.

Background

566.     This clause replicates the provisions contained in section 41 of the Disability Discrimination Act 1995.

Example

• A bus must have an accessibility certificate showing that it conforms to requirements 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 comfort.

Clause 172: Approval certificates

Effect

567.     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 the Secretary of State to make regulations relating to applications and the issue (or copies) of approval certificates and providing for vehicle examinations.

568.     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 withdrawal remain valid.

Background

569.     This clause replicates the provisions contained in section 42 of the Disability Discrimination Act 1995.

Example

• A particular bus manufacturer’s chassis in combination with a body is approved as a “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 to the modified design.

Clause 173: Special authorisations

Effect

570.     This clause contains a power for the Secretary of State to authorise the use of a public service vehicle in certain circumstances where such a vehicle may not meet the requirements of regulations under clause 169. It also allows restrictions or conditions to be placed on the use of such vehicles.

Background

571.     This clause replicates the provisions contained in Section 43 of the Disability Discrimination Act 1995.

Example

• A new design of vehicle, which does not conform to the current accessibility regulations, is to be trialled. The Secretary of State makes an order allowing the use of the vehicle in a restricted environment, specifying the permitted areas and times of operation, so that its performance can be tested.

Clause 174: Reviews and appeals

Effect

572.     If the Secretary of State refuses to approve a vehicle as a “type vehicle”, this clause allows the applicant to ask the Secretary of State to review of the decision on payment of a fee. It also gives a right of appeal to the Secretary of State of any refusal to issue an accessibility or approval certificate. It also allows the Secretary of State to set out the appeals procedure in regulations.

Background

573.     This clause replicates the provisions contained in Section 44 of the Disability Discrimination Act 1995.

Example

• A vehicle manufacturer is refused approval of a new bus design as a “type vehicle”. The manufacturer asks the Secretary of State to review the decision and pays the required fee. The Secretary of State must review the decision and any supporting written evidence or representations, and can confirm, vary or reverse the original decision.

Clause 175: Fees

Effect

574.     This clause contains a power for the Secretary of State make fees regulations and to charge fees in accordance with them for processing applications for approval as a “type vehicle”, processing accessibility and approval certificates, issuing duplicate certificates and conducting reviews and appeals. Fees are not likely to be greater than the amount needed to cover costs. The clause allows provision for repaying fees in whole or part in certain circumstances, for example, on a successful appeal.

Background

575.     This clause replicates the provisions contained in section 45 of the Disability Discrimination Act 1995.

Example

• An applicant may have to pay a fee for accessibility and approval certificates for a public service vehicle, to cover the cost of dealing with the application and inspection process.

Clause 176: Interpretation

Effect

576.     This clause explains the meaning of terms used in this chapter, for example, “accessibility certificate”, “approval certificate”, “PSV accessibility regulations” and “regulated public service vehicle”.

Chapter 3: Rail vehicles

Clause 177: Rail vehicle accessibility regulations

Effect

577.     This clause includes powers for the Secretary of State to make regulations to ensure that trains, trams and certain other guided transport systems are accessible to disabled people including wheelchair users.

578.     However, due to the limited definition of “rail vehicle” used in this clause, its scope is limited to rail vehicles which do not operate on the “interoperable rail system”. Regulations made under this clause could therefore only be applicable for the most part to light rail vehicles (those used on metro, underground and tram systems and prescribed modes of guided transport).

579.     All rail vehicles must comply with accessibility standards, or have an appropriate exemption in place, by no later than 1 January 2020.

580.     Before making any regulations under this clause, the Secretary of State must first consult with the Disabled Persons Transport Advisory Committee and other representative organisations.

Background

581.     This clause replicates the provisions of section 46 of the Disability Discrimination Act 1995 as amended by the Disability Discrimination Act 2005.

Example

• All new rail vehicles introduced on metro, underground or tram systems, or prescribed modes of guided transport, will need to be fully accessible or seek an exemption (under clause 178) if there are compelling circumstances which mean they cannot comply.

Clause 178: Exemptions from rail vehicle accessibility regulations

Effect

582.     This clause contains a power for the Secretary of State to make orders (“exemption orders”) authorising a regulated rail vehicle to be used in passenger service even though it does not comply with accessibility standards, or the way it is to be used would not comply with such standards.

583.     It provides for regulations to specify who may apply for an exemption order, what information needs to be supplied, how the exemption regime will operate, how long an exemption order can apply and measures for revocation. This list is not exhaustive.

584.     Before granting an exemption order, the Secretary of State must first consult with the Disabled Persons Transport Advisory Committee and such other persons as considered appropriate.

Background

585.     This clause replicates the provisions of section 47 of the Disability Discrimination Act 1995 as amended by the Disability Discrimination Act 2005.

Example

• The exemption power can be used to exempt a specified rail vehicle, or a rail vehicle of a specified description or the use of such a vehicle in specified circumstances. So, for example, all the vehicles used on a particular network (such as a heritage or tourist railway or tramway) could be exempted.

Clause 179: Procedure for making exemption orders

Effect

586.     This clause provides that exemption orders made under clause 178 may, at the discretion of the Secretary of State, be subject to either the draft affirmative resolution or the negative resolution procedure. It sets out the procedure for the exercise of this discretion and enables regulations to be made setting out the criteria under which a decision will be made.

587.     The Secretary of State is required to consult the Disabled Persons Transport Advisory Committee, and other appropriate persons, before making such regulations, which are themselves subject to the draft affirmative resolution procedure.

Background

588.     This clause replicates sections 67(5A) and 67A of the Disability Discrimination Act 1995 as inserted by the Disability Discrimination Act 2005 (which are in force).

Clause 180: Annual report on exemption orders

Effect

589.     This clause requires the Secretary of State to produce an annual report (“the report”) on the use of powers to exempt regulated rail vehicles from accessibility requirements. The report will be produced for each calendar year and must contain details of all exemption orders made under clause 178. It must also contain information about the consultation on both applications for exemption orders and the exercise of discretion under clause 179. The report must be laid before both Houses of Parliament.

Background

590.     This clause replicates the provisions of the Disability Discrimination Act 1995 section 67B as inserted by the Disability Discrimination Act 2005 (which are in force).

Clause 181: Rail vehicle accessibility: compliance

Effect

591.     This clause relates to the provisions of Schedule 20 which contain powers to introduce compliance certification and a civil enforcement regime with associated penalties.

592.     Commencement of subsection (1) would bring Schedule 20 into effect. However, subsection (2) provides that, if not commenced (either fully or to any extent) before the end of 2010, the clause and Schedule 20 would be automatically repealed.

Background

593.     Schedule 20 replicates the provisions of the Disability Discrimination Act 1995 sections 47A to 47M as inserted by the Disability Discrimination Act 2005 (but not yet in force).

594.     This clause is necessary since the Department for Transport has recently completed consultation on the reappraisal of the introduction of compliance certification and civil enforcement powers for rail vehicle accessibility, as provided for by amendments introduced into the Disability Discrimination Act 1995 by the Disability Discrimination Act 2005 but not yet in force. The consultation period ended on 3 July 2009 but, in order to accommodate possible outcomes of the consultation exercise (i.e. implementation of compliance certification and civil enforcement powers or otherwise) on the face of the Bill, it has been necessary to include these provisions in the Schedule.

595.     Consultation responses indicate that the Government's preferred option of not commencing the provisions contained in Schedule 20 is widely supported by stakeholders.

Clause 182: Interpretation

Effect

596.     This clause includes cross references to explanations as to what is meant by the terms “rail vehicle”, “regulated rail vehicle” and “rail vehicle accessibility regulations” used throughout this Chapter of the Bill. It also defines what is meant by use “for carriage”.

Background

597.     This clause replicates the provisions of the Disability Discrimination Act 1995 as amended by the Disability Discrimination Act 2005.

Chapter 4: Supplementary

Clause 183: Forgery etc.

Effect

598.     This clause makes it a criminal offence for a person to forge, alter, use, lend, or allow another person to use a, public service vehicle accessibility certificate, public service vehicle “type” certificate or any exemption certificate issued in respect to assisting disabled passengers in taxis or carriage of assistance dogs, or to make or have in his possession a document which resembles such a certificate, with intent to deceive. It is also an offence to knowingly make a false statement in order to obtain any of these certificates.