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.
107

(3)
The driver of a designated taxi is exempt from the duties imposed by section
164 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.
5
(4)
The driver of a designated private hire vehicle is exempt from the duties
imposed by section 164 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.
10
(5)
For the purposes of this section a taxi or private hire vehicle is “designated” if
it appears on a list maintained under section 166.
(6)
In this section and section 166 “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.
15
166
Lists of wheelchair-accessible vehicles
(1)
For the purposes of section 164 a licensing authority may maintain a list of
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
20
(b)
it conforms to such accessibility requirements as the licensing authority
thinks fit.
(3)
A licensing authority 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.
25
(4)
In subsection (3) “special licence” has the meaning given by section 12 of the
Transport Act 1985 (use of taxis or hire cars in providing local services).
(5)
“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
30
(b)
to travel in vehicles in safety and reasonable comfort,

either staying in their wheelchairs or not (depending on which they prefer).
(6)
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;
35
(b)
any other aspect of their functions under or by virtue of this section.
(7)
A licensing authority which maintains a list under subsection (1) must have
regard to any guidance issued under subsection (6).
167
Assistance dogs in taxis
(1)
This section imposes duties on the driver of a taxi which has been hired—
40
(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
with an assistance dog.

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

(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
imposed by this section.
5
(4)
A person guilty of an offence under this section is liable to a fine not exceeding
level 3 on the standard scale.
168
Assistance dogs in taxis: exemption certificates
(1)
A licensing authority must issue a person with a certificate exempting the
person from the duties imposed by section 167 (an “exemption certificate”) if
10
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
certificate.
15
(3)
An exemption certificate is valid—
(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 167 if—
(a)
an exemption certificate issued to the driver is in force with respect to
20
the taxi, and
(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.
25
(5)
In this section “licensing authority” means—
(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.
30
169
Assistance dogs in private hire vehicles
(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
35
(b)
the reason for the failure or refusal is that the disabled person will be
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
40
carry out a booking accepted by O—
(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

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis, etc.
109

(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
conviction to a fine not exceeding level 3 on the standard scale.
(5)
In this section—
5
“driver” means a person who holds a licence under—
(a)
section 13 of the Private Hire Vehicles (London) Act 1998 (“the
1998 Act”),
(b)
section 51 of the Local Government (Miscellaneous Provisions)
Act 1976 (“the 1976 Act”), or
10
(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;
“operator” means a person who holds a licence under—
(a)
section 3 of the 1998 Act,
15
(b)
section 55 of the 1976 Act, or
(c)
an equivalent provision of a local enactment;
“private hire vehicle” means a vehicle licensed under—
(a)
section 6 of the 1998 Act,
(b)
section 48 of the 1976 Act, or
20
(c)
an equivalent provision of a local enactment.
170
Assistance dogs in private hire vehicles: exemption certificates
(1)
A licensing authority must issue a driver with a certificate exempting the
driver from the offence under section 169(3) (an “exemption certificate”) if
satisfied that it is appropriate to do so on medical grounds.
25
(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
to which the person requires the certificate.
(3)
An exemption certificate is valid—
30
(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.
(4)
A driver does not commit an offence under section 169(3) if—
(a)
an exemption certificate issued to the driver is in force with respect to
35
the private hire vehicle, and
(b)
the prescribed notice of the exemption is exhibited on the vehicle in the
prescribed manner.

The power to make regulations under paragraph (b) is exercisable by the
Secretary of State.
40
(5)
In this section “driver”, “licensing authority” and “private hire vehicle” have
the same meaning as in section 169.

Equality Bill
Part 12 — Disabled persons: transport
Chapter 1 — Taxis, etc.
110

171
Appeals
(1)
A person who is aggrieved by the refusal of a licensing authority in England
and Wales to issue an exemption certificate under section 165, 168 or 170 may
appeal to a magistrates’ court before the end of the period of 28 days beginning
with the date of the refusal.
5
(2)
A person who is aggrieved by the refusal of a licensing authority in Scotland to
issue an exemption certificate under section 165 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
10
such period as is specified in the direction.
(4)
A person who is aggrieved by the decision of a licensing authority to include a
vehicle on a list maintained under section 166 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.
15
172
Interpretation
(1)
In this Chapter—
“accessibility requirements” has the meaning given in section 166(5);
“assistance dog” means—
(a)
a dog which has been trained to guide a blind person;
20
(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
otherwise affects the person’s mobility, manual dexterity,
physical co-ordination or ability to lift, carry or otherwise move
25
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
within paragraph (c)) of a prescribed kind;
“taxi”—
30
(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
(b)
in sections 161 and 164 to 166, also includes a taxi licensed under
section 10 of the Civic Government (Scotland) Act 1982,
35
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
“assistance dog” in subsection (1) is exercisable by the Secretary of State.

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

Chapter 2
Public service vehicles
173
PSV accessibility regulations
(1)
The Secretary of State may make regulations (in this Chapter referred to as
“PSV accessibility regulations”) for securing that it is possible for disabled
5
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
(b)
to travel in such vehicles in safety and reasonable comfort.
10
(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;
(b)
equipment to be carried by vehicles;
15
(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
moving.
20
(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;

and in this Chapter “regulated public service vehicle” means a public service
25
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
circumstances.
30
(5)
The Secretary of State must not make regulations under this section or section
175 or 176 without consulting—
(a)
the Disabled Persons Transport Advisory Committee, and
(b)
such other representative organisations as the Secretary of State thinks
fit.
35
174
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
conform with a provision of the regulations with which it is required to
40
conform;
(c)
causing or permitting such a regulated public service vehicle to be used
on a road.

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

(2)
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.
(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
5
guilty of the offence.
(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);
10
(c)
in the case of a body corporate whose affairs are managed by its
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
15
association, the partner or person as well as the partnership or association is
guilty of the offence.
175
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”)
20
that such provisions of PSV accessibility regulations as are prescribed
are satisfied in respect of the vehicle, or
(b)
an approval certificate has been issued under section 176 in respect of
the vehicle.
(2)
Regulations may make provision—
25
(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
30
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.
35
(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.
176
Approval certificates
40
(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 175 are satisfied in respect of the vehicle.

Equality Bill
Part 12 — Disabled persons: transport
Chapter 2 — Public service vehicles
113

(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
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
5
certificate”) that it conforms to the type vehicle.
(5)
Regulations may make provision—
(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;
10
(c)
providing for the examination of vehicles in respect of which
applications have been made;
(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.
15
(7)
If an approval is withdrawn—
(a)
no further approval certificates are to be issued by reference to the type
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 175.
20
(8)
A power to make regulations under this section is exercisable by the Secretary
of State.
(9)
In subsection (3) “authorised person” means a person authorised by the
Secretary of State for the purposes of that subsection.
177
Special authorisations
25
(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.
(2)
Nothing in sections 173 to 176 prevents the use of a vehicle in accordance with
30
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
exceptions specified by the order.
35
(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 205(2) does not require an order under this section that applies only to
a specified vehicle, or to vehicles of a specified person, to be made by statutory
40
instrument; but such an order is as capable of being amended or revoked as an
order made by statutory instrument.