Agenda item

Following on from the meeting held on 6th March 2017 whereby Members received a legislative update report on Section 165 to 167 of the Equality Act 2010 – Taxi and Private Hire Passengers in Wheelchairs.

Members were asked to further consider a report which highlighted the recently enacted provisions of sections 165 to 167 of the Equality Act 2010 with regard to local authorities maintaining a list of designated vehicles in accordance with section 167 of the Act.

The Senior Practitioner (Licensing), Worcestershire Regulatory Services (WRS), informed the Committee that on 7th February 2017 the Department for Transport (DfT) announced their intention to implement sections 165 to 167 of the Equality Act 2010 and made the Equality Act 2010 (Commencement No. 2) Order which subsequently took effect on 6th April 2017.

As a result of this change to the law, drivers of designated wheelchair accessible taxi and private hire vehicles were now obliged to:-

·         transport wheelchair users in their wheelchair

·         provide passengers in wheelchairs with appropriate assistance

·         charge wheelchair users the same as non-wheelchair users

The new rules in England, Wales and Scotland, applied to both taxis and private hire vehicles and affected vehicles that were designated as wheelchair accessible. 

Drivers found to be discriminating against wheelchair users faced fines of up to £1,000.  Drivers may also face having their taxi or private hire vehicle licence suspended or revoked by their licensing authority.  Drivers unable to provide assistance for medical reasons were able to apply for an exemption from the new requirements.

The new powers only applied in those areas where the licensing authority had decided to maintain a list of designated vehicles under section 167 of the Equalities Act 2010, and where the driver was driving a vehicle included on the list of designated vehicles maintained by the licensing authority.

A vehicle can then be added to the list of designated vehicles provided:

(a)  it was either a taxi or private hire vehicle, and

(b)  it conformed to such accessibility requirements as the licensing authority thought fit.

The Department for Transport published guidance, as detailed at Appendix 1 to the report, detailed the accessibility requirements that licensing authorities should apply.  Licensing authorities that decided to maintain a list of vehicles under section 167 of the Equality Act 2010 had a legal obligation to have regard to this guidance under section 167 (7).

The list should set out details of the make and model of the vehicle, if the vehicle was a taxi or private hire vehicle and state the name of the operator.   

Drivers could not opt out from being on the list.  If Licensing Officers, WRS, deemed that the vehicle met the requirements, the relevant details as detailed in the preamble above, would be included on the list.

Members commented that should the draft position statement be adopted, that WRS should raise awareness, with regard to sections 165 to 167 of the Equality Act 2010, with the public and the taxi trade to ensure they were fully aware of the requirements of the Act.

RECOMMENDED that the draft position statement, as detailed at Appendix 2 to the report, with regard to sections 165 to 167 of the Equality Act 2010,be adopted.