Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis etc.
102

(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.
(4)
The driver of a regulated taxi which is plying for hire or has been hired
commits an offence—
5
(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.
(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.
10
(6)
In this section—
“passenger compartment” has such meaning as is specified in taxi
accessibility regulations;
“regulated taxi” means a taxi to which taxi accessibility regulations are
expressed to apply.
15
160
Designated transport facilities
(1)
The appropriate authority may by regulations provide for the application of
any taxi provision (with or without modification) to—
(a)
vehicles used for the provision of services under a franchise agreement,
or
20
(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
services—
(a)
for members of the public using any part of the facility, and
25
(b)
which involve vehicles entering any part of the facility.
(3)
In this section—
“appropriate authority” means—
(a)
in relation to transport facilities in England and Wales, the
Secretary of State;
30
(b)
in relation to transport facilities in Scotland, the Scottish
Ministers;
“designated” means designated by order made by the appropriate
authority;
“hire car” has such meaning as is specified in regulations made by the
35
appropriate authority;
“operator”, in relation to a transport facility, means a person who is
concerned with the management or operation of the facility;
“taxi provision” means a provision of—
(a)
this Chapter, or
40
(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,
railway station or bus station.
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Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis etc.
103

(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.
161
Taxi licence conditional on compliance with taxi accessibility regulations
(1)
A licence for a taxi to ply for hire must not be granted unless the vehicle
5
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
licence is granted.
10
(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.
162
Exemption from taxi accessibility regulations
15
(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 161.
(2)
Regulations under subsection (1) may, in particular, make provision requiring
an authority proposing to apply for an exemption order—
20
(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;
(d)
to make the application in the specified form.
25

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 161 to apply, and
(b)
that the application of that section would result in an unacceptable
30
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—
(a)
make an exemption order in the terms of the application for the order;
35
(b)
make an exemption order in such other terms as the Secretary of State
thinks appropriate;
(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
40
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
section 161.

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis etc.
104

(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;
“swivel seats” has such meaning as is specified in regulations under
5
subsection (5).
163
Passengers in wheelchairs
(1)
This section imposes duties on the driver of a designated taxi which has been
hired—
(a)
by or for a disabled person who is in a wheelchair, or
10
(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
to the driver that he or she wishes to travel in the vehicle.
15
(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 165;
(b)
“the passenger” means the disabled person concerned.
(4)
The duties are—
20
(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;
(d)
to take such steps as are necessary to ensure that the passenger is
25
carried in safety and reasonable comfort;
(e)
to give the passenger such mobility assistance as is reasonably
required.
(5)
Mobility assistance is assistance—
(a)
to enable the passenger to get into or out of the vehicle;
30
(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
wheelchair into or out of the vehicle.
35
(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;
(b)
to carry a person in circumstances in which it would otherwise be
40
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
conviction to a fine not exceeding level 3 on the standard scale.
45

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis etc.
105

(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
(b)
it would not have been possible for the wheelchair to be carried safely
5
in the vehicle.
(10)
In this section and sections 164 and 165 “private hire vehicle” means—
(a)
a vehicle licensed under section 48 of the Local Government
(Miscellaneous Provisions) Act 1976;
(b)
a vehicle licensed under section 7 of the Private Hire Vehicles (London)
10
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.
164
Passengers in wheelchairs: exemption certificates
15
(1)
A licensing authority must issue a person with a certificate exempting the
person from the duties imposed by section 163 (an “exemption certificate”) if
satisfied that it is appropriate to do so—
(a)
on medical grounds, or
(b)
on the ground that the person’s physical condition makes it impossible
20
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
163 if—
25
(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
imposed by section 163 if—
30
(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
it appears on a list maintained under section 165.
35
(6)
In this section and section 165 “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.
165
Lists of wheelchair-accessible vehicles
(1)
For the purposes of section 163 a licensing authority may maintain a list of
40
vehicles falling within subsection (2).
(2)
A vehicle falls within this subsection if—
(a)
it is either a taxi or a private hire vehicle, and

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis etc.
106

(b)
it conforms to such accessibility requirements as the licensing authority
thinks fit.
(3)
A licensing authority in England and Wales may, if it thinks fit, decide that a
vehicle may be included on a list maintained under this section only if it is
being used, or is to be used, by the holder of a special licence under that licence.
5
(4)
A licensing authority in Scotland may include a vehicle on a list maintained
under this section only if it is being used, or is to be used, by the holder of a
special licence under that licence.
(5)
In subsections (3) and (4) “special licence” has the meaning given by section 12
of the Transport Act 1985 (use of taxis or hire cars in providing local services).
10
(6)
“Accessibility requirements” are requirements for securing that it is possible
for disabled persons in wheelchairs—
(a)
to get into and out of vehicles in safety, and
(b)
to travel in vehicles in safety and reasonable comfort,

either staying in their wheelchairs or not (depending on which they prefer).
15
(7)
The Secretary of State may issue guidance to licensing authorities as to—
(a)
the accessibility requirements which they should apply for the
purposes of this section;
(b)
any other aspect of their functions under or by virtue of this section.
(8)
A licensing authority which maintains a list under subsection (1) must have
20
regard to any guidance issued under subsection (7).
166
Assistance dogs in taxis
(1)
This section imposes duties on the driver of a taxi which has been hired—
(a)
by or for a disabled person who is accompanied by an assistance dog, or
(b)
by another person who wishes to be accompanied by a disabled person
25
with an assistance dog.
(2)
The driver must—
(a)
carry the disabled person’s dog and allow it to remain with that person;
(b)
not make any additional charge for doing so.
(3)
The driver of a taxi commits an offence by failing to comply with a duty
30
imposed by this section.
(4)
A person guilty of an offence under this section is liable to a fine not exceeding
level 3 on the standard scale.
167
Assistance dogs in taxis: exemption certificates
(1)
A licensing authority must issue a person with a certificate exempting the
35
person from the duties imposed by section 166 (an “exemption certificate”) if
satisfied that it is appropriate to do so on medical grounds.
(2)
In deciding whether to issue an exemption certificate the authority must have
regard, in particular, to the physical characteristics of the taxi which the person
drives or those of any kind of taxi in relation to which the person requires the
40
certificate.
(3)
An exemption certificate is valid—

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis etc.
107

(a)
in respect of a specified taxi or a specified kind of taxi;
(b)
for such period as is specified in the certificate.
(4)
The driver of a taxi is exempt from the duties imposed by section 166 if—
(a)
an exemption certificate issued to the driver is in force with respect to
the taxi, and
5
(b)
the prescribed notice of the exemption is exhibited on the taxi in the
prescribed manner.

The power to make regulations under paragraph (b) is exercisable by the
Secretary of State.
(5)
In this section “licensing authority” means—
10
(a)
in relation to the area to which the Metropolitan Public Carriage Act
1869 applies, Transport for London;
(b)
in relation to any other area in England and Wales, the authority
responsible for licensing taxis in that area.
168
Assistance dogs in private hire vehicles
15
(1)
The operator of a private hire vehicle (O) commits an offence by failing or
refusing to accept a booking for the vehicle—
(a)
if the booking is requested by or on behalf of a disabled person or a
person who wishes to be accompanied by a disabled person, and
(b)
the reason for the failure or refusal is that the disabled person will be
20
accompanied by an assistance dog.
(2)
O commits an offence by making an additional charge for carrying an
assistance dog which is accompanying a disabled person.
(3)
The driver of a private hire vehicle commits an offence by failing or refusing to
carry out a booking accepted by O—
25
(a)
if the booking is made by or on behalf of a disabled person or a person
who wishes to be accompanied by a disabled person, and
(b)
the reason for the failure or refusal is that the disabled person is
accompanied by an assistance dog.
(4)
A person guilty of an offence under this section is liable on summary
30
conviction to a fine not exceeding level 3 on the standard scale.
(5)
In this section—
“driver” means a person who holds a licence under—
(a)
section 13 of the Private Hire Vehicles (London) Act 1998 (“the
1998 Act”),
35
(b)
section 51 of the Local Government (Miscellaneous Provisions)
Act 1976 (“the 1976 Act”), or
(c)
an equivalent provision of a local enactment;
“licensing authority”, in relation to any area in England and Wales, means
the authority responsible for licensing private hire vehicles in that area;
40
“operator” means a person who holds a licence under—
(a)
section 3 of the 1998 Act,
(b)
section 55 of the 1976 Act, or
(c)
an equivalent provision of a local enactment;
“private hire vehicle” means a vehicle licensed under—
45

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis etc.
108

(a)
section 6 of the 1998 Act,
(b)
section 48 of the 1976 Act, or
(c)
an equivalent provision of a local enactment.
169
Assistance dogs in private hire vehicles: exemption certificates
(1)
A licensing authority must issue a driver with a certificate exempting the
5
driver from the offence under section 168(3) (an “exemption certificate”) if
satisfied that it is appropriate to do so on medical grounds.
(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
10
to which the person requires the certificate.
(3)
An exemption certificate is valid—
(a)
in respect of a specified private hire vehicle or a specified kind of
private hire vehicle;
(b)
for such period as is specified in the certificate.
15
(4)
A driver does not commit an offence under section 168(3) if—
(a)
an exemption certificate issued to the driver is in force with respect to
the private hire vehicle, and
(b)
the prescribed notice of the exemption is exhibited on the vehicle in the
prescribed manner.
20

The power to make regulations under paragraph (b) is exercisable by the
Secretary of State.
(5)
In this section “driver”, “licensing authority” and “private hire vehicle” have
the same meaning as in section 168.
170
Appeals
25
(1)
A person who is aggrieved by the refusal of a licensing authority in England
and Wales to issue an exemption certificate under section 164, 167 or 169 may
appeal to a magistrates’ court before the end of the period of 28 days beginning
with the date of the refusal.
(2)
A person who is aggrieved by the refusal of a licensing authority in Scotland to
30
issue an exemption certificate under section 164 may appeal to the sheriff
before the end of the period of 28 days beginning with the date of the refusal.
(3)
On an appeal under subsection (1) or (2), 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.
35
(4)
A person who is aggrieved by the decision of a licensing authority to include a
vehicle on a list maintained under section 165 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.
171
Interpretation
40
(1)
In this Chapter—
“accessibility requirements” has the meaning given in section 165(6);