Taxi Driver Online

West Lothian Council study reviews local taxis

https://www.linlithgowgazette.co.uk/new ... -1-5045418

Rules around taxi and private hire operators are likely to be tightened up by West Lothian Council.

A review was ordered after concerns were raised about disabled travellers being excluded and serious concerns about driver fitness. It could include the setting up of a new forum – which the trade wants – to include operators, council staff and police to deal with issues.

A meeting of the council’s Environment Policy Development and Scrutiny Panel (PDSP) drew a number of operators into the public benches to hear Licensing solicitor Audrey Watson run through issues raised in a year long study of the trade. Conditions were last reviewed in 2011.

The council study specifically looked at discounted fares and how they affect disabled people; The use of meters when disabled persons are accessing hire cars and the implications arising from the Equality Act 2010 on the council’s taxi accessibility policy.

Concerns were raised last year about the use of exemptions by drivers and hire operation firms to stop taking fares from disabled people.

The council takes a robust stance regarding the issuing of exemption certificates. A driver who applies for one must be medically assessed by the council’s medical advisers. The driver must satisfy the physician that they are fit to undertake the duties of a hire car driver in terms of the DVLA group 2 standards for professional drivers but unable to provide reasonable assistance to passengers because of a medical condition.

Medical exemption certificates are reviewed regularly. Only around 30 out of 840 licensed drivers (190 taxi and 650 private hire car drivers) currently have exemption certificates. Changes to the rules will go the council’s Executive for decision.

A report to committee said: “It was suggested that the issuing of exemption certificates to drivers appears to defeat the purpose of having wheelchair accessible vehicles as taxis.”

The report added: “The hire car trade organisations have identified a number of hire car conditions which they would like to see amended. The Licensing Team is also of the view that following the research into equality issues several of the conditions require updating and they also need rewording generally to make them easier to understand.”

Must be a tough nut to crack - pass the Group 2 medical while at same time considered unfit enough to be granted an exemption certificate?


On first read I assumed this was all about abuse of the exemption certificates, like blue badges for parking.

But actually now wondering if some in the trade are saying that if they get an exemption certificate, then why do they have to run a WAV?

As I recall it West Lothian was like Dundee a few years ago - the *saloon* plate limit was lifted for anyone presenting a WAV.

But in Dundee there was some debate, for a few years at least, as to whether the new plates should have to be WAVs if the driver couldn't handle wheelchairs?

One such driver took the council to court and I'm sure he won his case.

That's a fairly simple one for the council. The vehicle is licensed separately from the driver, just because the current driver has an exemption does not mean that a subsequent one would.

So that’s the West Lothian question.

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Former taxi driver

The Licencing of a vehicle, and the licensing of a driver, are two entirely separate issues.

If a council has a WAV only policy for hackney carriages, then that is the policy which must be adhered to.

If a driver of a hackney carriage applies for, and is then granted an exemption certificate, then he no longer needs to carry passengers in wheelchairs.

If a council goes on to grant an exemption from the WAV requirement, they will obviously open the floodgates to spurious clams for an exemption certificate.

There would then be cases where drivers who genuinely need an exemption will not get one, and devious drivers who would rather drive a saloon car would get one, because they are feigning a bad back or whatever.

My thoughts have always been, All WAV or no WAV. A level playing field.

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Former taxi driver

I think in the Dundee case the driver 'singled' the car, and gave assurances that no one else would drive it, and that once he ceased to drive it the exemption would cease. Or something like that.

Found this article in an earlier thread, from 2012. Thought it went to court, and there was a bit more stuff about it, but can't find anything. Although plenty of stuff on Dundee WAVs.

Of course, the thing about Dundee is that it's a mixed WAV/saloon fleet, as I think is the case in West Lothian. So maybe not such a big deal to allow a saloon exemption if there are lots of other saloons, while obviously a different scenario in the likes of Edinburgh and Liverpool.

Note that the association below represents WAV HC drivers, I think, and not saloons.


Association angered by Dundee taxi driver licence decision

The Dundee Hackney Association has criticised the licensing committee's decision to allow a disabled taxi driver the right to change his style of cab.

The committee allowed Bruce Matthew a variation of licence which means he will now be allowed to drive a saloon cab and not the London-style cab he had been driving.

Mr Matthew — whose leg was smashed in an assault six years ago, meaning he finds it difficult to move equipment like wheelchairs — said it will make it easier to refuse to help wheelchair-bound passengers into his car.

However, the move had provoked outrage from the association, which claims Mr Matthew should have continued to be personally exempt from helping disabled passengers instead of changing his car.

Chairman Erik Thoresen said: ''We think it's all wrong and this licence should not have been granted. If he has a saloon car does that mean he's exempt from helping people put stuff into the boot of that?''

Mr Thoresen said Mr Matthew should have remained in the London-style TX2 car he was driving previously and continued to explain to people he was physically unable to help.

He added: ''If we've got to refuse someone in a wheelchair you expect to explain to them why you can't. Some places have stickers on the windscreen stating 'sorry I can't help.'

''He can continue to drive a wheelchair-accessible vehicle but still have an exemption to not push people in.''

The group is now challenging the committee's decision, but convener Stewart Hunter said it is a wasted effort.

''They've no right to appeal. We have a strict policy but we are allowed in exceptional circumstances (to make variations),'' he said.

''It isn't a decision we take lightly and it would be difficult for anyone to come in and get a variation. The evidence we were given (in Mr Matthew's case) shows it will make a significant difference to him.''

Indeed, but as I said in the above response, it's maybe a bit more palatable if there's already a mixed fleet of WAVs and saloons.

And the Mr Thoresen mentioned in the 2012 article in the above response also subsequently applied to run a saloon, and took the council to court, but failed.

Although his arguments more based on the economic unfairness rather than the exemption certificate angle.

The case was just decided last year, and to be honest I'd completely forgotten about it

viewtopic.php?f=2&t=33256&p=383519

Of course, the exemption thing in West Lothian may be about lead-swingers abusing the certification process, like the blue badge thing.

But reading between the lines I'm simply speculating that it may be about trying to get out of running a WAV as well as avoiding handling wheelchairs, as in the Dundee scenario.

But it's the law.

Too late to moan about it now.

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IDFIMH

I reckon it's almost certainly an attempt the circumvent the WAV requirement and get a cheaper saloon, but then I'm a cynical bar steward.

I never quite understood the whole saloon cab thing in the UK. There is no circumstance where a punter is going to phone a HC circuit for a saloon car when PH will do the same thing for less money. I remember when I was younger when we were going out on the town the only time we'd ever call the HC company was if we had 5 or 6 people, because 1 HC is cheaper than 2 PHs.

Yes, if I were driving a saloon my airport runs would be cheaper on the fuel, but then I'd not be able to fit 8 people in either, it's also a damn sight easier to keep the passenger area clean.

There is a grey area (like in a lot of licensing law!) with reference to wheelchair exemption certificates, as far as I’m aware, you are only exempt from the loading and unloading of the wheelchair, if the wheelchair user has a carer/helper with them who is able to do the loading/unloading then you have to take them. My question is, if there is a mishap by the carer/helper who is liable and does the drivers public liability cover this ?

Health and safety! How could you know if the carer is trained to the required standard to load/unload?

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Former taxi driver

In many areas there are firms that have both HC and PH on the same fleet, and usually they charge the same rate.

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IDFIMH

Well it should be a case that every driver of a WAV is trained, else they don't get a license to drive one.

Certainly is down here.

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IDFIMH

And more likely to be mixed fleets when it's saloon HCs locally, I suspect. Big city with black cab HCs? Little chance of a mixed fleet, I suspect.

And then there's smaller towns like mine which don't really have a PH sector at all, or at least those vehicles which are plated PH tend to be doing stuff like airport runs and golf tours rather than taking the pishheads to the pub