18 Mar 2008
Taxi driver in health test row
A 69-YEAR-OLD private hire driver who is forced to undergo a medical
every year intends taking legal action against City of York Council,
claiming age discrimination.
Tony Clayton-Chance claims the authority is breaching legislation by
making him take an annual medical examination, at a cost of £150, when
drivers aged 45-65 only need one every five years - and under 45s do not
need one at all.
Mr Clayton-Chance, from the Bishopthorpe Road area, spoke out after a
council licensing committee yesterday refused to change its policy, which it
said had the legitimate aim of protecting passengers' safety.
He told The Press: "I am not leaving it there. I am going to consult a
solicitor with the aim of taking legal action. I am also going to contact the
Government, Age Concern and my MP.
"The council has posters all over the place saying it is anti-discrimination,
but this discrimination is costing me £150 a year.
"If the council was saying that Asian drivers had to have a medical every
year, that would rightly be considered racial discrimination."
Mr Clayton-Chance, who said he drove children to and from school and
carried out other general private hire work, produced a letter from the
Department for Work and Pensions' "Extending Working Life Division" to
support his case, which said: "Treating people differently because of their
age will only be justifiable in exceptional circumstances.
"Therefore with regard to your own specific case, the council should now
require every driver to provide medical examination regardless of age,
unless they can objectively justify not doing so."
A report to councillors from head of licensing Dick Haswell said that the
2006 Employment Equality (Age) Regulations stated that requiring
additional medical certification at a certain age was discrimination.
"The regulations do, however, recognise that there may be certain
circumstances where such discrimination is justified if it is a proportionate
means of achieving a legitimate aim."
He said all drivers, regardless of age, had to submit details of any serious
illness or prescription which could affect their abilities.
He said that to justify the council's policy, it was necessary to show that
older drivers were more likely to have medical conditions rendering them
less safe to drive than younger ones.
He then referred to a publication by the Royal Society of Medical Press
which stated that increased age was associated with less effective visual
function, and slowing of cognitive processes and many responses.
He said that requiring all drivers to undergo a medical examination would
create a financial burden that could be seen as unreasonable for younger
drivers, and would be a higher standard than was required of bus and
large lorry drivers.
He added that the York Taxi Association agreed with the council retaining
its existing policy.
Source: York Press
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