Equality Bill

House of Lords

Session 2009 - 10
Internet Publications
Other Bills before Parliament

Equality Bill

Equality Bill
Part 12 — Disabled persons: transport
Chapter 2 — Public service vehicles
109

“assistance dog” means—
(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
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otherwise affects the person’s mobility, manual dexterity,
physical co-ordination or ability to lift, carry or otherwise move
everyday objects;
(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;
“taxi”—
(a)
means a vehicle which is licensed under section 37 of the Town
Police Clauses Act 1847 or section 6 of the Metropolitan Public
Carriage Act 1869, and
15
(b)
in sections 160 and 163 to 165, 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 159(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.
Chapter 2
Public service vehicles
172
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
persons—
(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
to—
(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
moving.
(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
Vehicles Act 1981;
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Equality Bill
Part 12 — Disabled persons: transport
Chapter 2 — Public service vehicles
110


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
circumstances.
(5)
The Secretary of State must not make regulations under this section or section
174 or 175 without consulting—
(a)
the Disabled Persons Transport Advisory Committee, and
(b)
such other representative organisations as the Secretary of State thinks
10
fit.
173
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
conform;
(c)
causing or permitting such a regulated public service vehicle to be used
on a road.
(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
guilty of the offence.
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
paragraph (a);
(c)
in the case of a body corporate whose affairs are managed by its
30
members, a member.
(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
guilty of the offence.
174
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 175 in respect of
the vehicle.
(2)
Regulations may make provision—

Equality Bill
Part 12 — Disabled persons: transport
Chapter 2 — Public service vehicles
111

(a)
with respect to applications for, and the issue of, accessibility
certificates;
(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.
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(5)
A power to make regulations under this section is exercisable by the Secretary
of State.
(6)
In this section “operator” has the same meaning as in the Public Passenger
Vehicles Act 1981.
175
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 174 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—
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(a)
with respect to applications for, and grants of, approval under
subsection (1);
(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;
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(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
vehicle; but
(b)
an approval certificate issued by reference to the type vehicle before the
withdrawal continues to have effect for the purposes of section 174.
(8)
A power to make regulations under this section is exercisable by the Secretary
of State.
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(9)
In subsection (3) “authorised person” means a person authorised by the
Secretary of State for the purposes of that subsection.

Equality Bill
Part 12 — Disabled persons: transport
Chapter 2 — Public service vehicles
112

176
Special authorisations
(1)
The Secretary of State may by order authorise the use on roads of—
(a)
a regulated public service vehicle of a class or description specified by
the order, or
(b)
a regulated public service vehicle which is so specified.
5
(2)
Nothing in sections 172 to 175 prevents the use of a vehicle in accordance with
the order.
(3)
The Secretary of State may by order make provision for securing that
provisions of PSV accessibility regulations apply to regulated public service
vehicles of a description specified by the order, subject to any modifications or
10
exceptions specified by the order.
(4)
An order under subsection (1) or (3) may make the authorisation or provision
(as the case may be) subject to such restrictions and conditions as are specified
by or under the order.
(5)
Section 199(2) does not require an order under this section that applies only to
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a specified vehicle, or to vehicles of a specified person, to be made by statutory
instrument; but such an order is as capable of being amended or revoked as an
order made by statutory instrument.
177
Reviews and appeals
(1)
Subsection (2) applies if the Secretary of State refuses an application for the
20
approval of a vehicle under section 175(1) and, before the end of the prescribed
period, the applicant—
(a)
asks the Secretary of State to review the decision, and
(b)
pays any fee fixed under section 178.
(2)
The Secretary of State must—
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(a)
review the decision, and
(b)
in doing so, consider any representations made in writing by the
applicant before the end of the prescribed period.
(3)
A person applying for an accessibility certificate or an approval certificate may
appeal to the Secretary of State against the refusal of a vehicle examiner to issue
30
the certificate.
(4)
An appeal must be made within the prescribed time and in the prescribed
manner.
(5)
Regulations may make provision as to the procedure to be followed in
connection with appeals.
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(6)
On the determination of an appeal, the Secretary of State may—
(a)
confirm, vary or reverse the decision appealed against;
(b)
give directions to the vehicle examiner for giving effect to the Secretary
of State’s decision.
(7)
A power to make regulations under this section is exercisable by the Secretary
40
of State.