Wheelchair accessible taxi and private hire vehicles

The Licensing Authority has created this Guidance to assist drivers and operators generally with regard to their new legal obligations.  This Guidance does not cover all eventualities/obligations/ caveats, nor does it constitute legal advice. In this regard, it is strongly recommended that drivers and operators seek independent legal advice if they are unsure as to what their legal duties are in respect of disabled persons.

Subject to statutory defences, breach of the law is an offence and punishable by a fine.

Disabled passengers

A. Duties of Taxi and Private Hire Car drivers:

The new duties placed on taxi and private hire car drivers in respect of non Wheelchair Accessible Vehicles are as follows:

If a taxi or private hire car vehicle has been hired by or for a disabled person, or by another person who wishes to be accompanied by a disabled person, then the taxi or private hire car driver duties which must be undertaken by the driver include the following:

• to carry the passenger (i.e. the disabled person);
• if the passenger is in or has with them a wheelchair, to carry the wheelchair;
• if the passenger has with them any mobility aids, to carry the mobility aids;
• to take such steps as are reasonable to ensure that the passenger is carried in safety and reasonable comfort;
• to give the passenger such mobility assistance as is reasonably required;
• not to make, or propose to make, any additional charge for complying with the above duties.

A mobility aid is any item the passenger uses to assist with their mobility but does not include a wheelchair or an assistance dog.

Mobility assistance means assistance:

• to enable the passenger to get into or out of the vehicle;
• to load the passenger's luggage, wheelchair or mobility aids into or out of the vehicle.

B. Duty to assist to identify and find vehicle

There is also another duty placed on pre booked taxis and private hire car drivers when a disabled person has made a pre-booking and hires their services (whether the disabled person travels alone or is accompanied by another person). This duty is to ensure that the disabled passenger can identify and find the vehicle that they have hired - provided that the driver is made aware before the start of the journey that the passenger requires assistance to identify or find the vehicle. The driver may not introduce additional charges for providing this assistance.

C. Duties of Operators of Private Hire Car vehicles

There is a new offence for private hire car operators who fail or refuse to accept a booking requested by or on behalf of a disabled person, when the reason for failing or refusing to accept a booking is that the passenger has a disability or to prevent the private hire car driver being made subject to a relevant duty.

A new offence has also been created for private hire car operators who make, or propose to make, an additional charge for the carrying out of any duty imposed on the driver.

D. Duties of drivers in respect of Designated Vehicles (i.e Taxi or private hire car vehicles that are deemed to be Wheelchair Accessible by the Licensing Authority and appear on a designated list maintained by that Authority in terms of section 167 Equality Act 2010 ):

If a designated taxi or private hire car has been hired by or for a disabled person who is in a wheelchair, or by another person who wishes to be accompanied by a disabled person who is in a wheelchair, then the duties of the driver include the following:

• to carry the passenger while in the wheelchair;
• if the passenger chooses to sit in a passenger seat, to carry the wheelchair;
• if the passenger has with them any mobility aids, to carry the mobility aids;
• to take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort;
• to give the passenger such mobility assistance as is reasonably required 
• not to make, or propose to make, any additional charge for complying with the above duties.

Mobility assistance in respect of Designated Vehicles means assistance:

• to enable the passenger to get into or out of the vehicle;
• 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;
• to load the passenger's luggage or mobility aids into or out of the vehicle;
• if the passenger does not wish to remain in the wheelchair, to load the wheelchair into or out of the vehicle.

Exemption Certificates

You can ask the Licensing Authority to exempt you from mobility assistance duties (whether your vehicle is on the designated list or not).

The Licensing Authority will decide whether it is appropriate to do so

• on medical grounds, or
• on the ground that the person's physical condition makes it impossible or unreasonably difficult for the person to comply with those duties.

Whilst the Licensing Authority does not charge for this exemption, if a medical report is required to support an application then the costs of this report must be met by the applicant.

An Exemption Certificate is valid for such period as is specified in the certificate.

The driver of a taxi/private hire car vehicle is exempt from mobility assistance duties if:

• an exemption certificate issued to the driver is in force and
• the prescribed notice of the exemption is exhibited on the vehicle in the prescribed manner.

Please contact licensing@dumgal.gov.uk if you wish to apply for an exemption certificate.