PART 2 - DUTIES OF DRIVERS OF REGULATED TAXIS

When the accessibility regulations are introduced, Section 32 of the Act will require drivers of taxis that are regulated i.e. those to which the regulations apply [first licensed or re-licensed after January 2002] to comply with certain provisions of the regulations.

These are:-

• to carry ramps or other devices so that a wheelchair user can get into and out of the taxi (for example, to carry a transfer board and to help a disabled person to use it); and
• to comply with requirements to secure a wheelchair and occupant being carried in the taxi.

Duties Of Taxi Drivers

Drivers of regulated taxis will also be placed under duties by the provisions of Section 36 of Act:-

• to carry a disabled person who wishes to remain in a wheelchair; and not to make any additional charge for doing so;
• to carry the wheelchair, if a disabled person in a wheelchair prefers to travel on a passenger seat of the taxi;
• to take such steps, as are necessary, to ensure that a disabled passenger is carried in safety and reasonable comfort;
• to give such assistance as may be reasonably required;
• to help the passenger into and out of the taxi;
• to enable a passenger who wishes to travel in a wheelchair to get into or out of the taxi while in that wheelchair;
• to load and unload the passenger’s luggage; and
• to load and unload the wheelchair into or out of the taxi, if the passenger does not wish to remain in it.

It will be a criminal offence not to comply with any of these duties.

Are There Any Exceptions To These Duties?

Yes. A driver is not expected to carry more than one person in a wheelchair at any one time, unless the vehicle is specifically licensed to do so.

A driver is not required by the Act to carry a passenger where it would otherwise be lawful for him to refuse to do so (for example, if the journey would go beyond the licensing authority’s boundary).

A driver can refuse to carry a wheelchair if it is unsafe to do so. For example, if the wheelchair is bigger than the maximum size wheelchair that the regulations are designed to allow for.

Exemptions For Drivers

The Act makes provision for drivers who are unable to help disabled passengers for medical or physical reasons. In these circumstances a licensing authority may give the driver an exemption certificate which will be displayed in the taxi.

An exemption certificate may be for a limited time only (e.g. when a driver has been injured and is expected to make a full recovery).

An exemption certificate will only apply to a driver and not to the taxi, so if a taxi is shared with another driver the notice that the driver is exempt should only be displayed when the exempt driver is using the taxi.

Appeals

A driver who is aggrieved by his licensing authority’s refusal to grant him an exemption certificate can appeal to the local Magistrates’ court within 28 days of the refusal. In Scotland, provision will be made for an appeal to be considered by a sheriff.

Carriage Of Guide And Hearing Dogs

Under Section 37 of the Act all licensed taxis (not just those to which the accessibility regulations apply) will be required to carry guide and hearing dogs and to do so without charge. This provision will come into force during 1997 on a date to be announced.

Exemptions

Drivers can apply for an exemption from this requirement on medical grounds. Before granting an exemption licensing authorities will consider various factors, including whether or not the vehicle used is fitted with a solid partition between the driver and passenger compartments.

Appeals

A driver can appeal to the local Magistrates court within 28 days of the refusal by a licensing authority to grant a medical exemption. In Scotland, provision will be made for an appeal to be considered by a sheriff.