Introduction
The Equality Act 2010 has been amended by the Taxis and Private Hire Vehicles (Disabled Persons) Act 2022. New statutory government guidance has been issued to help explain the changes.
Your legal duties
The various sections of the Equality Act that relate to carrying disabled passengers, passengers travelling using a wheelchair, or passengers who require mobility assistance, are listed below. This guidance note will briefly explain each section but you should seek further information if you are unclear on your legal duties. The note also provides information on what factors must be considered when transporting disabled passengers, wheelchair users and other vulnerable persons safely and securely.
Failure to comply with sections 164A, 165, 165A or 167A is a criminal offence carrying a fine of up to £1000 per offence on conviction.
Exemptions to duties
Certain duties do not have to be carried out if a driver holds a valid exemption certificate. You must be aware that exemptions are limited and are not a blanket excuse to refuse to carry a passenger.
Further explanation of exemptions is contained under the relevant sections below. Information on how to apply for an exemption certificate is contained in this note.
Equality Act 2010 sections
Section 167
The section makes it a legal requirement for the Council to publish a list of vehicles that are fully wheelchair accessible. All Hackney Carriages and some specialist Private Hire vehicles licensed by Plymouth City Council are designated as wheelchair accessible vehicles for the purposes of section 167.
Certain information such as vehicle make and type, licence number and what size of wheelchair can be carried is included on this list.
The full list of designated vehicles can be found on our helping disabled passengers page.
Section 164A
All drivers, of any vehicle type (including a designated wheelchair accessible vehicle), when hired by or on behalf of a disabled person are required:
(a) to carry the passenger
(b) if the passenger is in or has with them a wheelchair, to carry the wheelchair
(c) if the passenger has with them any mobility aids, to carry the mobility aids
(d) to take such steps as are reasonable to ensure that the passenger is carried in safety and reasonable comfort
(e) to give the passenger such mobility assistance as is reasonably required
(f) not to make, or propose to make, any additional charge for complying with a duty mentioned in (a) to (e).
Exemptions - Holders of a valid exemption certificate are exempt from section 164A(e) only (providing mobility assistance). All other parts of this section still apply.
Section 165
Requires drivers of a designated wheelchair accessible taxi or PHV:
(a) to carry the passenger while in the wheelchair
(b) if the passenger chooses to sit in a passenger seat, to carry the wheelchair
(c) if the passenger has with them any mobility aids, to carry the mobility aids
(d) to take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort
(e) to give the passenger such mobility assistance as is reasonably required.
(f) not to make, or propose to make, any additional charge for complying with a duty mentioned in paragraphs (a) to (e).
Exemptions - Holders of a valid exemption certificate are exempt from section 165(e) only (providing mobility assistance). All other parts of this section still apply.
Section 165A
Requires any driver of a pre-booked taxi or PHV to assist any disabled person to find or locate their pre-booked taxi without making, or proposing to make, an additional charge for doing so.
These duties apply to any pre-booked taxi driver and any PHV driver, regardless of vehicle type, but as long as:
- the vehicle has been hired by or for a disabled person, or by another person who intends to accompany a disabled person
- the driver of the PHV or pre-booked taxi has been made aware before the start of the journey that the passenger requires assistance to identify and/or find that vehicle.
In order to help fulfil the duties at section 165A, drivers should familiarise themselves with the most common communication methods a person may require in order to identify and/or find the vehicle. These communication methods include, but are not limited to:
- giving audio directions for a visually impaired passenger (calling the passenger once at the pick-up point)
- giving visual directions (for example, the colour and registration of the vehicle) for a hearing-impaired passenger
- repeating key information for a passenger with mental or cognitive impairments
Exemptions – There is no exemption certificate for this section.
Important: Time spent assisting the passenger to locate the vehicle, including leaving your vehicle to find the passenger, cannot be charged for.
Section 167A
Makes it an offence for a PHV operator to refuse a booking, or fail to accept a booking, from or on behalf of a disabled person either a) because the person is disabled, or, b) to prevent a driver from being made subject to a duty which would otherwise be imposed on the driver by sections 164A, 165 or 165A.
This section also makes it an offence for a PHV Operator to make or propose to make, an additional charge for the carrying out of any duty imposed on the driver of the private hire vehicle.
Exemptions – There is no exemption certificate for this section.
Mobility assistance
For the purposes of the exemptions listed above in sections 164A and 165, ‘mobility assistance’ includes but is not limited to:
- enable the passenger to get into or out of the vehicle
- if the passenger wishes to remain in the wheelchair, enable the passenger to get into and out of the vehicle whilst in the wheelchair
- folding manual wheelchairs and placing them in the luggage compartment
- installing the boarding ramp
- securing a mobility aid within the passenger compartment
- to load the passenger’s luggage into or out of the vehicle
- if the passenger does not wish to remain in the wheelchair, to load the wheelchair into or out of the vehicle.
Depending on the weight of the wheelchair or mobility aid and the capability of the driver, reasonable mobility assistance could also include (but may not be limited to) pushing a manual wheelchair or light electric wheelchair up a ramp, or stowing a light electric wheelchair in the luggage compartment.
Charging the customer
The driver must not make, or propose to make, any additional charge for carrying or assisting disabled passengers.
The requirement not to charge a disabled person extra means that a meter must not be activated before, or left running, whilst the driver performs any of the duties required by the Equality Act 2010.
Good customer care
You must behave in a civil and orderly manner for all passengers and you must take all reasonable precautions to ensure the safety of your passengers.
We recommend that the driver or operator asks every passenger whether they require assistance and what help they need. The driver must communicate with passengers on arrival and when providing assistance as this is key to understanding a person’s needs. Drivers should listen to and understand the response and then act on what they have been asked to do, seeking clarification, if necessary, on how to provide what is needed. For hired vehicles, this should be at the booking stage. For taxis, this should be when the vehicle is hailed or approached at the taxi rank or on the street.
Where applicable, service providers should also train booking staff, and update booking websites and smart-phone applications to collect this information from passengers at the time of booking. You should aim to ask all customer whether:
(i) they require assistance and if so, then
(ii) what form of assistance that should be.
This will allow customers to select the correct service. For example, a person with dementia may ask for assistance in locating the vehicle. A wheelchair user may state their intention to remain in their wheelchair while travelling. This will also give the driver or operator the opportunity to advise the passenger on how they will provide assistance, for example, to explain how the vehicle’s ramp will be used or to establish an appropriate place for a customer to enter the vehicle.
Drivers and operators should not attempt to identify a person’s disability, only what type of assistance the driver needs to provide in order for the passenger to board, travel in, and exit from the vehicle in safety and reasonable comfort.
On arrival at the pick-up, drivers should always ask every customer if they need any assistance getting into and out of the vehicle and drivers should help the customer with their individual needs.
The best way to do this is simply to ask every passenger ‘Can I help you with anything?’
If you cannot take a disabled passenger then you must:
- explain to the customer why you cannot take the fare
- do all you reasonably can to help the customer in finding a vehicle that can transport them, e.g. take them to the next vehicle on a taxi rank or provide them with your operator’s telephone number.
Transporting a wheelchair user
If you drive a wheelchair accessible vehicle, you must make sure you know how to secure and transport a wheelchair user safely in your vehicle – it is your responsibility to ensure you comply with the law. Each driver must fully understand how the ramp mechanism is deployed and its individual weight limits. The driver must also be familiar with how the securing straps work in relation to the vehicle that they are driving and that all equipment, including straps, is in good condition. Drivers must follow the manufacturer’s recommendations for their specific vehicle and be familiar with these instructions before starting work.
A driver should only touch a wheelchair or mobility aid or seek to provide physical assistance if the user gives permission for them to do so. Never assume that a customer needs assistance.
In order to meet your legal obligations in respect to wheelchair users you should aim to comply with the following guidance:
- a wheelchair must be positioned in the designated space allotted by the vehicle manufacturer
- a wheelchair must face to the front or to the rear and it must be secured. It must not be secured facing sideways or at an angle
- a wheelchair must be secured as specified and using appropriate equipment.
- an Electric wheelchair may need to have the power turned off and the gears (or motors) disengaged to facilitate manual turning in the confined space within the vehicle. The gears or motors should be engaged and the power must remain off when the wheelchair is in position
- a manual wheelchair must have the brakes applied
- the driver must offer assistance to load the wheelchair
- all wheelchair ramps, straps etc. supplied by the manufacturer must be carried on the vehicle and be in good working order (Please note – when purchasing a second hand vehicle check to establish that all the appropriate equipment is included as part of the sale)
- if you are not carrying all the appropriate straps and fittings to allow safe passage your vehicle will be served with an immediate prohibition notice which will remain in place until they are provided. This will include vehicles with medically exempt drivers
Drivers should not carry any unessential items in the boot of the vehicle which could prevent a wheelchair or mobility aid from being stowed there, or (in the case of designated vehicles) carry any unessential items in the passenger seating area which could prevent a wheelchair user from travelling while seated in their wheelchair.
Additionally, drivers of designated vehicles should avoid carrying unessential items which would prevent a wheelchair or mobility aid from being carried in the passenger area of the vehicle.
You must assess the risk of injury before accepting a fare and you will need to ask yourself the following questions:
- is my vehicle designed to transport this type of wheelchair? (please have regard to your vehicle manufacturer’s specifications)
- are there abnormal weather conditions that could compromise safe loading and unloading? (snow, ice)
- are there any uneven surfaces that could compromise safe loading? (slopes, cobbles)
- are there any obstacles and other restrictions that may prevent safety loading?
- do I need to adjust my driving style? (stopping distances, cornering and braking distances)
- if you are asked to carry an electric wheelchairs then you must consider the additional weight and whether specific anchorage points are required
- do not assume anything about the weight of a wheelchair. Just because you think it looks heavy does not mean that you can refuse without asking first
In the majority of cases you will carry out this risk assessment automatically during your initial discussions with the passenger.
Wheelchair instructional videos
Please watch the instructional videos that are available on our helping disabled passengers page. These videos are provided to help wheelchair users entering the vehicle, securing the wheelchair safely in the vehicle and helping wheelchair users out of the vehicle.
We accept that there are a number of different makes and models of licensed vehicles, however the basic principles of what is required when carrying a person in a wheelchair remain the same.
Mobility scooters
It is impossible to secure a passenger on a Mobility Scooter. These scooters are not provided with securing points for the reason that they are not designed for carriage in vehicles. If a scooter user requires carriage, the passenger must travel in a vehicle seat and the scooter must be secured so as to prevent injury to all vehicle occupants. Carriage of the scooter in the boot or behind the rear seats may be a possibility if it is not too heavy. Utilising the wheelchair straps to secure the scooter is another option.
Carrying assistance dogs
Sections 168 and 170 places duties on drivers of taxi’s and private hire vehicles to carry an assistance dog and allow them to remain with their user without making, or proposing to make, an additional charge for doing so.
For example, a driver must not add, or even discuss the possibility of adding, a surcharge to the meter for carrying an assistance dog. The taximeter should not be activated until both the passenger and assistance dog are properly settled and the vehicle is ready to depart. Equally, the taximeter should be stopped as soon as the destination is reached, and before any unloading takes place.
Section 170 also makes it an offence for a PHV Operator to refuse or fail to accept a booking from, or on behalf of, an assistance dog user because the person will be accompanied by an assistance dog or to prevent a driver from being subject to the duties of section 170. Operators should book trips for assistance dog users as they would for any other passenger, for example using the nearest driver to the point of pick-up, regardless of any preference that driver may have not to carry a dog.
Medical exemption from legal duties
Assisting disabled passengers
As stated above, only the duty to provide ‘mobility assistance’ is removed where a driver holds a valid exemption certificate. No other duties are exempted and this includes for exemption certificates previously issued by the authority. If you have a medical condition which affects your ability to provide ‘mobility assistance’, then you should apply for a Medical Exemption. Details is available on our Taxis - tell us of any changes page.
Carrying assistance dogs
Where you have been granted an exemption for carrying assistance dogs you do not have to carry any assistance dog.
General
If you are exempt then you will be issued with an exemption notice. This must be retained by you in the vehicle and must be produced to any Officer or other person (including a customer) having a valid reason for examining it. You will also receive an exemption certificate which is an exemption badge which must be displayed in the front nearside of your vehicle's windscreen so it is clearly visible to potential passengers.
The exemption is personal, it is granted to an individual and is not transferable to any other person. If you are sharing a vehicle, you must remove the exemption during the periods when you are not using it to prevent unlawful use.
If you have been granted a temporary exemption, any further applications for an extension of the exemption will require a new application to be made together with the application being supported by your consultant specialist as well as your Doctor. Guidance is available on our Taxis - tell us of any changes page.