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 Post subject: Liverpool COF case
PostPosted: Fri Aug 15, 2008 11:57 am 
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More on the Liverpool conditions of fitness case, which I believe if presented properly they could well lose.

http://news.bbc.co.uk/1/hi/england/mers ... 524323.stm

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JD

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 Post subject:
PostPosted: Fri Aug 15, 2008 12:21 pm 
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Me thinks Liverpool council are totally fooked, :D its against the law for a wheelchair user to travel side on


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PostPosted: Fri Aug 15, 2008 3:42 pm 
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I was'nt aware the E7 had any more room than the TX?

I know what will happen, they will allow (if they have not already done so) the Vito which conforms to the London PCO COF which then gives drivers an alternative Taxi.

If a rear wheel alternative steering system costs £3500 to fit, why does'nt Cab direct go down that route, they would still come out cheaper than all the other manufacturers?


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PostPosted: Fri Aug 15, 2008 4:33 pm 
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GBC wrote:
I was'nt aware the E7 had any more room than the TX?

I know what will happen, they will allow (if they have not already done so) the Vito which conforms to the London PCO COF which then gives drivers an alternative Taxi.

If a rear wheel alternative steering system costs £3500 to fit, why does'nt Cab direct go down that route, they would still come out cheaper than all the other manufacturers?


I think one of the main points a court will consider is should a council policy take precedent over what amounts to a disability discrimination under the 1995 DDA in that the law states taxis should be able to carry wheelchair bound passengers in comfort.

A court won't concern itself whether a vehicle can turn in a 25 foot circle and it won't concern itself that the secretary of state hasn't bothered to get off her backside and make a decision in respect of her option to state what type of vehicle should be licensed. A judge will make that decision for her and its my guess he's going to come down on the side of the disabled and find Liverpool's excuse for a policy as being totally unreasonable.

Am I glad this case is going to court.

Taxi accessibility regulations

(1) The Secretary of State may make regulations (“taxi accessibility regulations”) for the purpose of securing that it is possible—

(a) for disabled persons—

(i) to get into and out of taxis in safety;

(ii) to be carried in taxis in safety and in reasonable comfort; and

(b) for disabled persons in wheelchairs—

(i) to be conveyed in safety into and out of taxis while remaining in their wheelchairs; and

(ii) to be carried in taxis in safety and in reasonable comfort while remaining in their wheelchairs.

***(2) Taxi accessibility regulations may, in particular—

(a) require any regulated taxi to conform with provisions of the regulations as to—

(i) the size of any door opening which is for the use of passengers;

(ii) the floor area of the passenger compartment;

(iii) the amount of headroom in the passenger compartment;***


When the secretary of state does decide to get her act together she is going to have to make provision for all sizes of wheelchairs as the item I've starred dictates, if she doesn't then she's on a hiding to nothing.

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JD

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PostPosted: Fri Aug 15, 2008 4:39 pm 
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The problem with that will be: where do we stop?

If we have to accomodate every wheelchair / transportation device that's currently on the market, nothing short of a fully functioning Ambulance with a tail lift would fulfill the technical requirements needed to ferry these devices around.

I'm all for choice of Taxi vehicle as folks on here know, but given that I carry about 2 wheelchairs a year, should we really be looking at being forced into buying an Ambulance type vehicle as well?

The TAXI paper carried a story about this a couple of years ago.


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 Post subject:
PostPosted: Fri Aug 15, 2008 4:47 pm 
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GBC wrote:
The problem with that will be: where do we stop?

If we have to accomodate every wheelchair / transportation device that's currently on the market, nothing short of a fully functioning Ambulance with a tail lift would fulfill the technical requirements needed to ferry these devices around.

I'm all for choice of Taxi vehicle as folks on here know, but given that I carry about 2 wheelchairs a year, should we really be looking at being forced into buying an Ambulance type vehicle as well?

The TAXI paper carried a story about this a couple of years ago.


I'm only voicing my opinion of how I see the courts reacting to this case and highlighting the dilemma of the secretary of state when it comes to her decision making as is laid out in law. I'm not advocating one thing or another but I do honestly believe that the courts will favour the disabled case over the unreasonable policy of a council based on nothing more than a 25 foot turning circle.

The courts have a long history of supporting the disabled against unreasonable policies.

Regards

JD

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 Post subject:
PostPosted: Fri Aug 15, 2008 7:04 pm 
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If the court gets it right it will have repercussions in all areas that still insist on one type of vehicle, the judge could even have the turning circle scraped from the COF, I hope he or she does :D


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 Post subject:
PostPosted: Sat Aug 16, 2008 11:35 am 
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If it were that simple Skippy, don't you think that the Facena's (Cab direct)with all their money would have gone down that road in London?

I suspect it won't be as clear cut as many think.


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PostPosted: Sat Aug 16, 2008 4:36 pm 
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GBC Correct me if im wrong, the COF or Rules, states that wheelchair passengers must be properly secured and must not travel side on, if the size of the vehicle is incapable of accomplishing this and complying with the law i am 100% certain that the Disability group will win
So order your cab direct brosher now :D


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 Post subject:
PostPosted: Sat Aug 16, 2008 4:45 pm 
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skippy41 wrote:
GBC Correct me if im wrong, the COF or Rules, states that wheelchair passengers must be properly secured and must not travel side on, if the size of the vehicle is incapable of accomplishing this and complying with the law i am 100% certain that the Disability group will win
So order your cab direct brosher now :D


Also the "bum in first" disabled find black cabs very difficult to use.........

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PostPosted: Sat Aug 16, 2008 9:16 pm 
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skippy41 wrote:
GBC Correct me if im wrong, the COF or Rules, states that wheelchair passengers must be properly secured and must not travel side on, if the size of the vehicle is incapable of accomplishing this and complying with the law i am 100% certain that the Disability group will win
So order your cab direct brosher now :D



Yes you are quite correct, and as I've said in the past the new style E7 looks a very attractive proposition.

However, I've never been unable to properly fit a normal wheelchair into the LTI taxi. 98% of wheelchairs are the standard size, here in London we also have the Dial a ride bus service which supplies fully fitted 'ambulances' for folks that have electric buggys.

I'm lucky if I do two or three a year, so the chances of having to fit a buggy in is about nil.
I'll watch the thread as it is updated.


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 Post subject:
PostPosted: Sat Aug 16, 2008 9:38 pm 
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I think I will have a tenner on Liverpool.. to win..... just because everybody thinks they will lose :wink:

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PostPosted: Sat Aug 16, 2008 10:04 pm 
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MR T wrote:
I think I will have a tenner on Liverpool.. to win..... just because everybody thinks they will lose :wink:


Never underestimate a scouser :shock:

CC

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 Post subject:
PostPosted: Sat Aug 16, 2008 10:20 pm 
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captain cab wrote:
MR T wrote:
I think I will have a tenner on Liverpool.. to win..... just because everybody thinks they will lose :wink:


Never underestimate a scouser :shock:

CC



Or a borderer. :wink:


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 Post subject:
PostPosted: Tue Aug 19, 2008 9:06 pm 
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I've been reading through past policy recommendations from the EU dating back from 1999 to present date and I'm extremely confident that a challenge presented in the right way can't fail to succeed.

Regards

JD

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