Taxi Driver Online

UK cab trade debate and advice
It is currently Sun Jun 24, 2018 12:25 pm

All times are UTC - 1 hour [ DST ]




Post new topic Reply to topic  [ 760 posts ]  Go to page 1, 2, 3, 4, 5 ... 51  Next
Author Message
PostPosted: Mon Sep 28, 2009 3:40 pm 
Offline
User avatar

Joined: Sat Jan 29, 2005 2:47 pm
Posts: 47
Location: Baghdad
Bill Progress-Committee Stages/Debates

Equality Bill

Part 12

Disabled persons: transport

Chapter 1

Taxis etc.
156

Taxi accessibility regulations


30

(1) The Secretary of State may make regulations (in this Chapter referred to as “taxi accessibility regulations”) for securing that it is possible for disabled persons—

(a) to get into and out of taxis in safety;

(b) to do so while in wheelchairs;

(c) to travel in taxis in safety and reasonable comfort;

(d) to do so while in wheelchairs.


(2) The regulations may, in particular, require a regulated taxi to conform with provision as to—

(a) the size of a door opening for the use of passengers;

(b) the floor area of the passenger compartment;

(c) the amount of headroom in the passenger compartment;

(d) the fitting of restraining devices designed to ensure the stability of a wheelchair while the taxi is moving.

(3) The regulations may also—

(a) require the driver of a regulated taxi which is plying for hire, or which has been hired, to comply with provisions as to the carrying of ramps or other devices designed to facilitate the loading and unloading of wheelchairs;

(b) require the driver of a regulated taxi in which a disabled person is being carried while in a wheelchair to comply with provisions as to the position in which the wheelchair is to be secured.

(4)The driver of a regulated taxi which is plying for hire or has been hired commits an offence—

(a) by failing to comply with a requirement of the regulations, or

(b)if the taxi fails to conform with any provision of the regulations with which it is required to conform.

(5) A person guilty of an offence under subsection (4) is liable, on summary conviction, to a fine not exceeding level 3 on the standard scale.

(6) In this section—

“passenger compartment” has such meaning as is specified in taxi accessibility regulations;

“regulated taxi” means a taxi to which taxi accessibility regulations are expressed to apply.

Designated transport facilities

(1) The appropriate authority may by regulations provide for the application of any taxi provision (with or without modification) to—

(a)vehicles used for the provision of services under a franchise agreement,

or

(b) drivers of such vehicles.


(2) A franchise agreement is a contract entered into by the operator of a designated transport facility for the provision, by the other party to the contract, of hire car

services—

(a) for members of the public using any part of the facility, and

(b) which involve vehicles entering any part of the facility.

(3) In this section—

“appropriate authority” means—

(a) in relation to transport facilities in England and Wales, the Secretary of State;

(b) in relation to transport facilities in Scotland, the Scottish Ministers;

“designated” means designated by order made by the appropriate authority;

“hire car” has such meaning as is specified in regulations made by the appropriate authority;

“operator”, in relation to a transport facility, means a person who is concerned with the management or operation of the facility;

“taxi provision” means a provision of—

Equality Bill Part 12 — Disabled persons: transport Chapter 1 — Taxis etc.

(a) this Chapter, or

(b) regulations made in pursuance of section 20(2A) of the Civic Government (Scotland) Act 1982, which applies in relation to taxis or drivers of taxis;

“transport facility” means premises which form part of a port, airport, railway station or bus station.

(4) For the purposes of section 2(2) of the European Communities Act 1972 (implementation of Community obligations), the Secretary of State may exercise a power conferred by this section on the Scottish Ministers.

Taxi licence conditional on compliance with taxi accessibility regulations

(1) A licence for a taxi to ply for hire must not be granted unless the vehicle conforms with the provisions of taxi accessibility regulations with which a vehicle is required to conform if it is licensed.

(2) Subsection (1) does not apply if a licence is in force in relation to the vehicle at any time during the period of 28 days immediately before the day on which thelicence is granted.

(3) The Secretary of State may by order provide for subsection (2) to cease to have effect on a specified date.

(4) The power under subsection (3) may be exercised differently for different areas or localities.

Exemption from taxi accessibility regulations


(1) The Secretary of State may by regulations provide for a relevant licensing authority to apply for an order (an “exemption order”) exempting the authority from the requirements of section 158.

(2) Regulations under subsection (1) may, in particular, make provision requiring an authority proposing to apply for an exemption order—

(a) to carry out such consultation as is specified;

(b) to publish its proposals in the specified manner;

(c) before applying for the order, to consider representations made about the proposal;

(d) to make the application in the specified form.

In this subsection “specified” means specified in the regulations.

(3) An authority may apply for an exemption order only if it is satisfied—

(a) that, having regard to the circumstances in its area, it is inappropriate for section 158 to apply, and

(b) that the application of that section would result in an unacceptable reduction in the number of taxis in its area.

(4) After consulting the Disabled Persons Transport Advisory Committee and such other persons as the Secretary of State thinks appropriate, the Secretary of State may—

(a)make an exemption order in the terms of the application for the order;

(b) make an exemption order in such other terms as the Secretary of State thinks appropriate;

(c) refuse to make an exemption order.

(5)The Secretary of State may by regulations make provision requiring a taxi plying for hire in an area in respect of which an exemption order is in force to conform with provisions of the regulations as to the fitting and use of swivel seats.

(6) Regulations under subsection (5) may make provision corresponding to section 158.

(7) In this section—

“relevant licensing authority” means an authority responsible for licensing taxis in any area of England and Wales other than the area to which the Metropolitan Public Carriage Act 1869 applies;

“swivel seats” has such meaning as is specified in regulations under subsection (5).

Passengers in wheelchairs

(1) This section imposes duties on the driver of a designated taxi which has been hired—

(a)by or for a disabled person who is in a wheelchair, or

(b) by another person who wishes to be accompanied by a disabled person who is in a wheelchair.

(2) This section also imposes duties on the driver of a designated private hire vehicle, if a person within paragraph (a) or (b) of subsection (1) has indicated to the driver that he or she wishes to travel in the vehicle.

(3) For the purposes of this section—

(a) a taxi or private hire vehicle is “designated” if it appears on a list maintained under section 162;

(b) “the passenger” means the disabled person concerned.

(4) The duties are—

(a) to carry the passenger while in the 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 reasonable comfort;

(e) to give the passenger such mobility assistance as is reasonably required.
(5) Mobility assistance is assistance—

(a) to enable the passenger to get into or out of the vehicle;

(b) if the passenger wishes to remain in the wheelchair, to enable the passenger to get into and out of the vehicle while in the wheelchair;

(c) to load the passenger’s luggage into or out of the vehicle;

(d) if the passenger does not wish to remain in the wheelchair, to load the wheelchair into or out of the vehicle.


(6) This section does not require the driver—

(a)unless the vehicle is of a description specified in regulations made by the Secretary of State, to carry more than one person in a wheelchair, or more than one wheelchair, on any one journey;

(b) to carry a person in circumstances in which it would otherwise be lawful for the driver to refuse to carry the person.

(7) A driver of a designated taxi or designated private hire vehicle commits an offence by failing to comply with a duty imposed on the driver by this section.

(8.) A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9) It is a defence for a person charged with the offence to show that at the time of the alleged offence—

(a) the vehicle conformed to the accessibility requirements which applied to it, but

(b) it would not have been possible for the wheelchair to be carried safely in the vehicle.

(10) In this section and sections 161 and 162 “private hire vehicle” means—

(a) a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976;

(b) a vehicle licensed under section 7 of the Private Hire Vehicles (London) Act 1998;

(c) a vehicle licensed under an equivalent provision of a local enactment;

(d)a private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982.

161

Passengers in wheelchairs: exemption certificates


(1) A licensing authority must issue a person with a certificate exempting the person from the duties imposed by section 160 (an “exemption certificate”) if satisfied that it is appropriate to do so—

(a) on medical grounds, or

(b) on the ground that the person’s physical condition makes it impossible or unreasonably difficult for the person to comply with those duties.

(2) An exemption certificate is valid for such period as is specified in the certificate.

(3) The driver of a designated taxi is exempt from the duties imposed by section 160 if—

(a) an exemption certificate issued to the driver is in force, and


(b) the prescribed notice of the exemption is exhibited on the taxi in the prescribed manner.


(4) The driver of a designated private hire vehicle is exempt from the duties imposed by section 160 if—

(a) an exemption certificate issued to the driver is in force, and

(b) the prescribed notice of the exemption is exhibited on the vehicle in the prescribed manner.

(5) For the purposes of this section a taxi or private hire vehicle is “designated” if it appears on a list maintained under section 162.

(6) In this section and section 162 “licensing authority”, in relation to any area, means the authority responsible for licensing taxis or, as the case may be, private hire vehicles in that area.

http://www.publications.parliament.uk/pa/cm200809/cmbills/085/voli/09085i.234-240.html

Part 11 — Advancement of equality
Chapter 2 — Positive action

Chapter 1: Taxis etc.

Clause 154: Taxi accessibility

Effect

509. This clause contains a power for the Secretary of State to make regulations specifying the technical standards applying to licensed taxis and imposing requirements on taxi drivers, to enable disabled people to access taxis safely, even when seated in a wheelchair, and be carried in safety and reasonable comfort. It makes it an offence, punishable by a fine of up to £1,000, for a driver of a regulated taxi to fail to comply with the requirements of the regulations.


Background

510. This clause is designed to replicate the effect of conditions in section 32 of the Disability Discrimination Act 1995.

These conditions do not apply to taxis which are drawn by horses or other animals.
Examples


• It would be an offence for a taxi driver not to comply with a requirement to have a ramp or other device to enable a disabled person in a wheelchair to access the taxi in safety.

• It would be an offence for a taxi driver not to comply with a requirement to ensure the correct position of a wheelchair in the taxi so as to ensure the disabled person can travel in safety.

Clause 155: Designated transport facilities

Effect

This clause enables the Secretary of State in England and Wales, or Scottish Ministers in Scotland, to make regulations applying taxi provisions contained in or made under Chapter E114

_________________
"Even those who live on another planet, if there are such people, would have condemned this action before it started"


Top
 Profile  
 
 Post subject:
PostPosted: Mon Sep 28, 2009 3:47 pm 
Offline
User avatar

Joined: Sat Jan 29, 2005 2:47 pm
Posts: 47
Location: Baghdad
At last....now we know where we're going :D

_________________
"Even those who live on another planet, if there are such people, would have condemned this action before it started"


Top
 Profile  
 
 Post subject:
PostPosted: Mon Sep 28, 2009 4:24 pm 
Offline
User avatar

Joined: Mon Dec 08, 2008 11:04 am
Posts: 2859
Location: SCOTLAND
In my opinion after reading this they have went with the status quo and until a vehicle is 100% accessible to the enhanced standard they will allow councils to do what they see fit. :cry: .I don't think this will solve any problems .

Clause 157: Exemption from accessibility regulations


Effect

5

518. This clause contains a power for the Secretary of State to make regulations allowing a


licensing authority to apply for an order exempting it from the requirements of clause 156 if it


has undertaken a consultation, published the outcome and taken into account any


representations. A licensing authority may only apply for an exemption order if applying


clause 156 would reduce the number of taxis in the area to an unacceptable level.

10

519. The Secretary of State may grant or refuse such an order but, before deciding whether


or not to do so, is required to consult the Disabled Persons Transport Advisory Committee and


any other appropriate persons. In granting an exemption order, the Secretary of State may


impose certain conditions. Where exemption is given from the full accessibility requirements,


taxis may instead be required to be fitted with swivel seats and to conform to any safety

15

conditions when such seats are in use.


Top
 Profile  
 
 Post subject:
PostPosted: Mon Sep 28, 2009 4:52 pm 
Offline
User avatar

Joined: Thu Sep 07, 2006 7:26 pm
Posts: 7877
The problem with this is not what it says but what it does not say.... the driver can be prosecuted..... the responsibility is all on the driver...... question..... if you have a obnoxious person in a wheelchair giving you the height of abuse..... if you refuse to take them.... will you end up with the £1,000 fine.... and a court case if you decide to defend yourself and then the costs.... it seems to me.... that the drivers rights need to be clearly defined.... :roll:

_________________
Justice for the 96. It has only taken 27 years...........repeat the same lies for 27 years and the truth sounds strange to people!


Top
 Profile  
 
 Post subject:
PostPosted: Mon Sep 28, 2009 5:01 pm 
Offline
User avatar

Joined: Mon Mar 21, 2005 7:44 pm
Posts: 10430
Location: Scotland
Well thats LTI out of the window

_________________
Always discount to get more fares


Top
 Profile  
 
 Post subject:
PostPosted: Mon Sep 28, 2009 5:08 pm 
Offline
User avatar

Joined: Wed Sep 03, 2003 6:30 pm
Posts: 40588
Location: 1066 Country
stationtone wrote:
A licensing authority may only apply for an exemption order if applying clause 156 would reduce the number of taxis in the area to an unacceptable level.

IMO this get out is applicable to only a few rural de-limited areas.

In areas with high plate values it would be very hard to argue that folks are going to hand their plates in on mass. :wink:

As for the issues in the proposed bill, well too many mays for me, and not enough musts.

Still interesting times. :wink:

_________________
IDFIMH


Top
 Profile  
 
 Post subject:
PostPosted: Mon Sep 28, 2009 5:15 pm 
Offline
User avatar

Joined: Mon Mar 21, 2005 7:44 pm
Posts: 10430
Location: Scotland
Quote:
A licensing authority may only apply for an exemption order if applying clause 156 would reduce the number of taxis in the area to an unacceptable level.


That would apply to the Borders and D&G

_________________
Always discount to get more fares


Top
 Profile  
 
 Post subject:
PostPosted: Mon Sep 28, 2009 5:15 pm 
Offline
User avatar

Joined: Tue Oct 21, 2003 6:25 pm
Posts: 36907
Location: Wayneistan
I think it answers a number of questions and it will affect the taxi trade nationwide.....which is quite amusing :lol:

Some people better get saving up for a WAV.....right skippy :lol:

CC


Top
 Profile  
 
 Post subject:
PostPosted: Mon Sep 28, 2009 5:17 pm 
Offline
User avatar

Joined: Tue Oct 21, 2003 6:25 pm
Posts: 36907
Location: Wayneistan
How do you work that one out skippy?

CC


Top
 Profile  
 
 Post subject:
PostPosted: Mon Sep 28, 2009 5:19 pm 
Offline
User avatar

Joined: Wed Sep 03, 2003 6:30 pm
Posts: 40588
Location: 1066 Country
captain cab wrote:
Some people better get saving up for a WAV.....right skippy :lol:

I look forward to meeting and talking to all those smug c***s from my local area who have always said, if you want a plate go buy one, and if you want a plate then go buy a WAV. :D

_________________
IDFIMH


Top
 Profile  
 
 Post subject:
PostPosted: Mon Sep 28, 2009 5:20 pm 
Offline

Joined: Sat Oct 15, 2005 11:07 pm
Posts: 2493
Location: Hampshire (HC)
Does this have parliamentary time yet or is it just a draft?


Top
 Profile  
 
 Post subject:
PostPosted: Mon Sep 28, 2009 5:21 pm 
Offline
User avatar

Joined: Wed Sep 03, 2003 6:30 pm
Posts: 40588
Location: 1066 Country
cabbyman wrote:
Does this have parliamentary time yet or is it just a draft?

It will have time due to the other sections of the bill.

_________________
IDFIMH


Top
 Profile  
 
 Post subject:
PostPosted: Mon Sep 28, 2009 5:23 pm 
Offline
User avatar

Joined: Tue Oct 21, 2003 6:25 pm
Posts: 36907
Location: Wayneistan
Taxi licence conditional on compliance with taxi accessibility regulations

(1) A licence for a taxi to ply for hire must not be granted unless the vehicle conforms with the provisions of taxi accessibility regulations with which a vehicle is required to conform if it is licensed.

(2) Subsection (1) does not apply if a licence is in force in relation to the vehicle at any time during the period of 28 days immediately before the day on which thelicence is granted.

(3) The Secretary of State may by order provide for subsection (2) to cease to have effect on a specified date.

(4) The power under subsection (3) may be exercised differently for different areas or localities.


Top
 Profile  
 
 Post subject:
PostPosted: Mon Sep 28, 2009 5:27 pm 
Offline

Joined: Sat Oct 15, 2005 11:07 pm
Posts: 2493
Location: Hampshire (HC)
Additionally, I thought we were still in the consultation process on this; Is this another back door job?

I don't detect any concerns from previous posts on this topic; I was under the impression that few wanted 100% WAV fleets because of the impact on the mobile infirm?

I'm all confused. Should I be writing to my MP?


Top
 Profile  
 
 Post subject:
PostPosted: Mon Sep 28, 2009 5:28 pm 
Offline
User avatar

Joined: Mon Mar 21, 2005 7:44 pm
Posts: 10430
Location: Scotland
Quote:
(1) A licence for a taxi to ply for hire must not be granted unless the vehicle conforms with the provisions of taxi accessibility regulations with which a vehicle is required to conform if it is licensed.


As all LTI cabs cannot carry a full sizes wheelchair in the appropriate manner they cannot possibly comply

_________________
Always discount to get more fares


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 760 posts ]  Go to page 1, 2, 3, 4, 5 ... 51  Next

All times are UTC - 1 hour [ DST ]


Who is online

Users browsing this forum: No registered users and 4 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Jump to:  
Powered by phpBB® Forum Software © phpBB Group