PART 5 - QUESTIONS AND ANSWERS

This is a list of common questions and answers about the taxi accessibility regulations drawn from correspondence with the taxi trade and disabled people. Please note that the answers are based on current proposals and therefore dates etc. are subject to change.

Questions asked by the taxi trade:

Q2.	My existing wheelchair accessible taxi is sometimes unlicensed for long periods while it is being repaired etc. How will I be affected by the regulations ?
A2.	If an existing wheelchair accessible taxi is unlicensed for more than 28 days it cannot be relicensed unless it meets the interim requirements set out in Section One, Part 3 of this document. After [2012] it cannot be relicensed unless it meets the requirements of the full regulations as the interim requirements will cease after this date.

Q3.	In the event of an accident, will my insurance policy cover me when carrying a passenger in a wheelchair and when helping a person in a wheelchair into and out of my taxi ?
A3.	From correspondence between the Disabled Persons Transport Advisory Committee (DPTAC) and the Association of British Insurers we understand that most comprehensive insurance policies provide cover in the event of an accident involving a disabled person including wheelchair users. However, if you are unsure whether or not you are covered, please contact your insurers.

Q4.	Are private hire (minicabs) covered by the regulations ?
A4.	No. However, if a private hire company has an exclusive contract to provide services from public transport facilities i.e. an airport, railway station etc. from which licensed taxis are excluded, the vehicles may be required to comply with part or all of the taxi accessibility regulations.

Q5.	When the regulations come into force does it mean I have to buy a purpose built London style ‘black cab’ ?
A5.	No. We expect a number of new vehicles will become available to supply the new market that will be created by the introduction of the regulations.

Q6.	After (2002) if I change my current vehicle which is not wheelchair accessible will I have to buy a new vehicle ?
A6.	No. You can buy a second-hand wheelchair accessible taxi which complies with the regulations or have a vehicle converted to meet the interim regulations (see Section One, Part Three).

Q7.	I have a bad back condition/medical problem which means I will be unable to help a disabled person into my taxi, can I apply for an exemption ?
A7.	Yes. Before the taxi accessibility regulations come into force you will be able to apply to your licensing authority for an exemption on medical grounds from the duties to assist disabled passengers. There is a right of appeal against the refusal of a licensing authority to grant an exemption. The Government will consult separately about the exemption procedure.

Q8.	If I have a medical exemption can I use a saloon car as a taxi ?
A8.	No. Once the regulations come into effect you will only be able to license as a taxi, a wheelchair accessible vehicle regardless of whether or not you have a medical exemption.

Q9.	What effect will the regulations have on the existing wheelchair accessibility requirement in London ?
A9.	There are no plans to change the existing deadline for wheelchair accessibility in London.

Q10.	My local licensing authority only allows black cabs to be licensed at the moment. Will this change ?
A10.	Once the regulations come into force licensing authorities will only be able to license vehicle which comply. However, they may still impose additional requirements which may limit the choice of vehicle which can be licensed.

Q11.	If my local licensing authority’s application for exemption is refused can they appeal ?
A11.	No. However, they could ask for a judicial review of the decision.

Questions asked by disabled people:

Q12.

Why does the technical specification not require all taxis to be bright yellow so that partially sighted people can see them more easily ?

A12.

The Act only allows regulations to include items to enable disabled people to get into and out of, and be carried in taxis in safety and reasonable comfort. Requiring a taxi to be painted a certain colour, or for example, requiring a ‘talking’ taxi meter to help blind people, is not necessarily related to safety and reasonable comfort and is therefore outside the scope of the Act and cannot be included.

Q13.

I have a guide/hearing dog. Can a taxi driver refuse to carry my dog ?

A13.

No. Section 37 (39 in Scotland) of the Act will require taxi drivers to carry a guide or hearing dog accompanying a disabled person and to do so without charge. It had been planned for these provisions to be in force by now. However, there have been legal difficulties concerning the procedures for exemption of drivers on medical grounds. The exemption procedures will be the subject of a separate consultation exercise in the near future with the provisions coming into force shortly afterwards.

Q14.	I use a scooter. Can a taxi driver refuse to carry me ?
A14.	Many scooters are unsuitable to use in vehicles due to their size. It is likely that a taxi driver would be within his rights to refuse to carry a scooter if he feels it would be unsafe to do so, for example if the scooter was too large for the restraint system.

Q15.	Taxi drivers sometimes refuse to carry me when they see my wheelchair. Will this be an offence under the Act ?
A15.	Yes. Section 36 of the Act requires a taxi driver to carry a passenger in a wheelchair and to do so without additional charge. A taxi driver who fails to carry out this duty commits a criminal offence and can be prosecuted by the local licensing authority (see ‘Enforcement’).

Q16.	Although I use a wheelchair, I prefer to transfer to a seat for a long journey. Will the taxi driver help me ?
A16.	Yes. Taxi drivers are required by the Act to offer assistance to disabled people and to load a wheelchair into and out of the taxi if the passenger does not wish to remain in it.

Q17.	I am not a wheelchair user but I find it difficult to climb and bend. Will I be able to use the new kinds of taxi ?
A17.	Yes. The regulations will require new taxis to meet various minimum dimensions including those for doorway and internal roof heights. These dimensions will ensure that new taxis are much easier to use than existing taxis.