Taxi Driver Online

Just a reminder about who has responsibility for making the decision about future taxi accessibility regulations. As from a day to be appointed the Secretary of State may make taxi accessibility regulations for the purpose of securing that it is possible for disabled persons to get into and out of taxis in safety and to be carried in taxis in safety and in reasonable comfort.

Disability Discrimination act 1995 amended and supplemented by the Disability Discrimination Act 2005 and to some extent also by the Equality Act 2006.

Scope of the law.

The law of disability discrimination is largely contained in the Disability Discrimination Act 1995 which provides a statutory framework for disabled persons who have been treated less favourably than others to bring a claim. It also introduces the concept of positive discrimination for the first time, as in certain circumstances there is a duty to take reasonable steps in respect of disabled people where there is no duty to act generally. The duties fall upon employers, trade organisations, service providers and owners and managers of premises, as well as in different respects upon transport providers and the education sector.

The Disability Discrimination Act 1995 has been amended and supplemented by the Disability Discrimination Act 2005 and to some extent also by the Equality Act 2006.

The Disability Rights Commission Act 1999 established the Disability Rights Commission ('DRC'), but this Act is to be repealed by the Equality Act 2006, which also establishes the Commission for Equality and Human Rights.

As to the prohibition of discrimination against disabled pupils in schools see the Disability Discrimination Act 1995 Pt IV Ch I (ss 28A–28Q) (as added and amended); and para 561 et seq post. As to the prohibition of discrimination against disabled pupils in further and higher education see Pt IV Ch II (ss 28R–31A) (as added and amended); and para 569 et seq post. As to the prohibition of discrimination in connection with general qualifications bodies see Pt IV Ch IIA (ss 31AA–31AF) (as added); and para 578 et seq post.

See the Disability Rights Commission Act 1999.

The Disability Rights Commission Act 1999 is repealed by the Equality Act 2006 ss 40, 91, Sch 3 para 59, Sch 4 as from a day to be appointed under s 93.

At the date at which this volume states the law no such day had been appointed. The Equality Act 2006 Pt 1 (ss 1–43) provides for the dissolution of the DRC and the transfer of its property, rights and liabilities to the Commission for Equality and Human Rights. As to the Commission for Equality and Human Rights, which is to replace the DRC.

Taxi accessibility.

As from a day to be appointed, the Secretary of State may make taxi accessibility regulations for the purpose of securing that it is possible:

(1) for disabled persons to get into and out of taxis in safety and to be carried in taxis in safety and in reasonable comfort; and

(2) for disabled persons in wheelchairs to be conveyed in safety into and out of taxis while remaining in their wheelchairs, and to be carried in taxis in safety and in reasonable comfort while remaining in their wheelchairs.

Taxi accessibility regulations may, in particular:

(a) require any regulated taxi to conform with provisions of the regulations as to the size of any door opening which is for the use of passengers, the floor area of the passenger compartment, the amount of headroom in the passenger compartment, and the fitting of restraining devices designed to ensure the stability of a wheelchair while the taxi is moving;

(b) require the driver of any regulated taxi which is plying for hire, or which has been hired, to comply with provisions of the regulations as to the carrying of ramps or other devices designed to facilitate the loading and unloading of wheelchairs; and

(c) require the driver of any regulated taxi in which a disabled person who is in a wheelchair is being carried (while remaining in his wheelchair) to comply with provisions of the regulations as to the position in which the wheelchair is to be secured.

If the driver of a regulated taxi which is plying for hire, or which has been hired, fails to comply with any requirement imposed on him by the regulations, or if the taxi fails to conform with any provision of the regulations with which it is required to conform, the driver is guilty of an offence.

1 The Disability Discrimination Act 1995 s 32 is to come into force as from a day to be appointed. At the date at which this volume states the law, no such day had been appointed.

2 As to the Secretary of State and the National Assembly for Wales see para 302 ante.

3 'Taxi' means a vehicle licensed under: (1) the Town Police Clauses Act 1847 s 37 (as amended); or (2) the Metropolitan Public Carriage Act 1869 s 6 (as substituted), but does not include a taxi which is drawn by a horse or other animal: Disability Discrimination Act 1995 ss 32(5), 68(1) (s 32(5) not yet in force: see note 1 supra). As to the licensing of taxis see road traffic vol 40(3) (2007 Reissue) para 1431 et seq.

4 For the meaning of 'regulations' see para 509 note 12 ante. At the date at which this volume states the law no regulations had been made for these purposes.

5 Disability Discrimination Act 1995 s 32(1) (not yet in force: see note 1 supra).

6 For the meaning of 'disabled person' see para 511 ante.

7 Disability Discrimination Act 1995 s 32(a)(i) (not yet in force: see note 1 supra).


21 A person who is guilty of such an offence is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale: ibid s 32(4) (not yet in force: see note 1 supra). As to the standard scale see para 315 note 15 ante.
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Carrying of passengers in wheelchairs.

As from a day to be appointed, certain duties are imposed on the driver of a regulated taxi which has been hired by or for a disabled person who is in a wheelchair, or by a person who wishes such a disabled person to accompany him in the taxi.

The duties are:

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(1) to carry the passenger while he remains in his wheelchair;
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(2) not to make any additional charge for doing so;
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(3) if the passenger chooses to sit in a passenger seat, to carry the wheelchair;
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(4) to take such steps as are necessary to ensure that the passenger is carried in safety and in reasonable comfort; and
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(5) to give such assistance as may be reasonably required: (a) to enable the passenger to get into or out of the taxi; (b) if the passenger wishes to remain in his wheelchair, to enable him to be conveyed into and out of the taxi while in his wheelchair; (c) to load the passenger's luggage into or out of the taxi; and (d) if the passenger does not wish to remain in his wheelchair, to load the wheelchair into or out of the taxi.

The above provisions do not require the driver of any taxi, except in the case of a taxi of a prescribed description, to carry more than one person in a wheelchair, or more than one wheelchair, on any one journey, or to carry any person in circumstances in which it would otherwise be lawful for him to refuse to carry that person.

A driver of a regulated taxi who fails to comply with any duty imposed on him by the above provisions is guilty of an offence. In any proceedings for such an offence, it is a defence for the accused to show that, even though at the time of the alleged offence the taxi conformed with those provisions of the taxi accessibility regulations with which it was required to conform, it would not have been possible for the wheelchair in question to be carried in safety in the taxi.

If the licensing authority is satisfied that it is appropriate to exempt a person from the duties imposed by the above provisions on medical grounds, or on the ground that his physical condition makes it impossible or unreasonably difficult for him to comply with the duties imposed on drivers, it must issue him with a certificate of exemption. A certificate of exemption is issued for such period as may be specified in the certificate. The driver of a regulated taxi is exempt from the above duties if a certificate of exemption issued to him under this provision is in force, and the prescribed notice of his exemption is exhibited on the taxi in the prescribed manner.
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