Taxi Driver Online

CABBIES FACE BOOT OVER WHEELCHAIRS

Taxi drivers in Bristol who are not fit enough to lift wheelchair-bound passengers into their cars could have their licences taken away. The city council wants disabled people to have equal access to taxis in Bristol and is set to introduce wheelchair loading tests as part of drivers' medical assessments, which they must pass before they can work in the city.

All hackney carriage taxis in Bristol must be wheelchair accessible by 2008 to meet new disability discrimination rules set down by the Government.

Taxi drivers can currently refuse to take passengers who are in wheelchairs on the grounds of their own medical condition.

Tomorrow, the council's licensing committee will meet to consider whether the new wheelchair test should be applied just to new applicants' medical assessments or to both new and existing drivers.

It could mean that current drivers who fail the test, or who refuse to take it, will be barred from working in Bristol.

The plans have angered drivers, who say some people have genuine reasons for refusing to take passengers in wheelchairs.

Mike Maddock, an independent taxi driver in Bristol for 36 years, said many drivers did not have the strength to lift wheelchair passengers, and described the council's plans as "ridiculous".

He said: "When you see ambulances and special transport for people in wheelchairs, there are always two people to lift them, but there's only one person driving a taxi.

"For some drivers, they cannot do it on their own. What would happen if they were called to a wheelchair passenger who weighed 20 stone? They would not be able to lift them or even push them up a ramp. It's a ridiculous idea. What the council should do is make 50 per cent of taxis wheelchair accessible."

David Massey, chairman of the Association of Bristol Cab Drivers, said in a written response to the council that devising a fair test to suit all applicants would be "extremely difficult".

He said: "Whilst broadly we agree that wheelchair users should be able to secure the use of a suitable wheelchair-accessible vehicle, we strongly believe that drivers with genuine medical reasons for not doing wheelchair work are not the problem."

John Olver, spokesman for Bristol-based service Tripscope, which advises disabled people who have problems using transport, welcomed the plans.

He said: "The problem with the business of accessible taxis is the piecemeal way it is being done across the country, that each local authority has been asked to make its own arrangements.

"Part of the problem is not how accessible taxis are but also how easy it is to put the disabled person into the taxi."

In its report to members, council licensing officers said the committee could decide what action, if any, should be taken against existing drivers who fail the wheelchair test or refuse to take it. Drivers who say they are unfit to carry wheelchair passengers could see their licence period reduced while they face further medical assessments.

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So again it alright for him to have a Wav,but I do not want one.
I know that the discrimination act now goes overboard,but why should some cabbies get away with not putting on a Wav.
Sorry lads,all taxis should be Wavs and if you cannot work with wheelchairs,go PH or do what other people do outwith the taxi trade,CHANGE YOUR JOB.

Sair but Fair

As the law allows exemptions to those unable to load wheelchairs, provided they have a doctors note, I feel it's a bit rich Bristol council making their own statutes up.

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IDFIMH

Thats half of the drivers finished in Mansfield then if it gets bought in up here, on Saturday 4 WAVS pulled off because a wheelchair was approaching. I collared one of them and said if yo don't want wheelchair work give your plate back.

Bristol arnt making up thier own statutes they are ensuring drivers are medically fit, and thats thier job.

if you cannot do a duty then you should not have to

medical exemption indeed.

No, if existing law says that you can be exempt from carrying WAV customers, and Bristol are saying you can't be exempt, then that's making up new laws.

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IDFIMH

too many drivers aregetting their plate then weeks later get a doctors note
saying they cant do wheelchair work. it happens all over the country!
in these cases they should be made to hand back their plate and go private hire! as for the driver wanting 50% wheelchair cars! GET A LIFE
why should 50% spend up to £30000 and the rest buy a cheap mondeo or the like for £5-£10 grand!
the sooner it is all wheelchair accessible the better!
might get rid of some of the dead wood we have in the trade

Redd;
Posted the same,you and I are right,all wav and if not able,take a hike and work PH or elsewhere.
Mean to say there is life after HC,look at Sussex,he is making loadsa dough,he is never working.
Sair but Fair.

There doesn't seem to be any nationally applicable law on exemptions for WAV drivers, thus it seems that Bristol would not fall foul of specific legislation, but who knows what a judge would make of this in terms of reasonableness.

But the yet-to-be implemented DDA taxi provisions do provide for an exemption on medical grounds, so it seems strange that Bristol would consider going down this route at this time.

For everyone's info.

1995 DDA Carrying of passengers in wheelchairs.

Section 36.—
(1) This section imposes duties on the driver of a regulated taxi which has been hired—
(a) by or for a disabled person who is in a wheelchair; or
(b) by a person who wishes such a disabled person to accompany him in the taxi.

(2) In this section—
"carry" means carry in the taxi concerned; and
"the passenger" means the disabled person concerned.

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

(4) Nothing in this section is to be taken to require the driver of any taxi—
a) 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
(b) to carry any person in circumstances in which it would otherwise be lawful for him to refuse to carry that person.

(5) A driver of a regulated taxi who fails to comply with any duty imposed on him by this section is guilty of an offence and liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) In any proceedings for an offence under this section, 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.

(7) If the licensing authority is satisfied that it is appropriate to exempt a person from the duties imposed by this section—
(a) on medical grounds, or
(b) on the ground that his physical condition makes it impossible or unreasonably difficult for him to comply with the duties imposed on drivers by this section,
it shall issue him with a certificate of exemption.

(8 ) A certificate of exemption shall be issued for such period as may be specified in the certificate.

(9) The driver of a regulated taxi is exempt from the duties imposed by this section if—
(a) a certificate of exemption issued to him under this section is in force; and
(b) the prescribed notice of his exemption is exhibited on the taxi in the prescribed manner.

Alex

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This is the kop out bit. Reasonably can mean anything.

All you need is one driver to put his back out from pushing a 20 stone wheelchair up the ramp and they'll all be after exemption.

I agree Steveo, but although they may not like it council's have a duty to us, as well as our customers.

Any council would be very stupid if they insisted that a driver did anything against his doctor's advice.

Yes it is a kop out, but I suppose those that do take the [edited by admin], shouldn't lead to genuine drivers losing out.

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IDFIMH

To clarify Alex's post above, please note that the DDA provisions to which he refers have not been implemented yet, and thus impose no legal obligations on LAs.

Thus as far as the DDA is concerned there would be nothing to stop Bristol going ahead with the current proposal, but assuming the DDA is implemented as in Alex's post then they would then have to reverse their rule.

To that extent Bristol's proposal lacks logic, even if there is merit in it.

sorry but that is not so.
if you believe that a local authority have no duty to ensure drivers are not fit you are not even living on this planet.

A council that ensures that cars are top notch are described as "my type of council"

A council who wishes to have fit drivers are lambasted and accused of law breaking

doesnt make sense.

All drivers must pass a medical, we all know that, but asking drivers to do things against doctors advice is daft.

We all must know dozens of decent drivers that wont be able to push some of the large WAV customers up the ramps, are you really saying they should be booted out of the trade?

Are you saying a single taxi driver should do work that takes two fully trained ambulance drivers to do?

Are you saying that drivers that have lifts on their taxis shouldn't be licensed?

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IDFIMH