Taxi Driver Online

Can't legally refuse wheelchair

I decided to do some research into the legal situation regarding taxi drivers and the refusal to take wheelchair users because of the Health and Safety at Work act.
I contacted the equality and human rights commission and asked exactly what the legal situation was and told pretty much what I suspect and that is taxi drivers, under the terms of the Disability Discrimination Act, are not allowed to refuse to take a wheelchair user.

Only a court of law can decide if the health and safety at work applies. A taxi driver cannot make this decision on his or her own.

Another thing the commission told me was charges of which I, and I suspect every other wheelchair user, was unaware.

Taxi drivers are not allowed to charge extra for taking a wheelchair but sadly nearly all do this.

From now on I shall play more attention to the meter in the taxi before the journey starts. — Wheely Frustrated


A view from the other side in last night's local rag letters....

Hell..thats not even 11 and a half stone....is it for disabled small people only???

The Manual Handling Operations Regulations 1992

A manual handling operation may be defined as "any transporting or supporting of a load (including lifting, putting down, pushing pulling, carrying or moving thereof) by hand or bodily force."

Approximately one third of all injuries reported to the enforcing authorities are due to incorrect manual handling. Over £100million a year is lost due to injuries at work associated with incorrect manual handling. A major contributor factor is the lack of proper training, supervision, information and instruction.

Legislation
The Manual Handling Operations Regulations 1992
Statutory Instrument 1992 No. 2793
The Manual Handling Operations Regulations 1992 © Crown Copyright 1992
Injuries associated with manual handling
Injuries to discs, ligaments, muscles, etc are of a cumulative nature rather than being attributable to any single handling incident. 90 percent of back troubles are attributable to disc lesions which cause "pinching" pains. Ligaments and tendons may tear. Hernias may develop after straining the muscle wall tissue. Dropping objects on body parts can cause fractures, abrasions and cuts, etc.

Injuries during manual handling operations are caused by incorrect lifting (forces of compression made on spine, ligaments, and tendons); pushing and pulling (high stresses exerted on the body when pushing rather than pulling); and, carrying (muscles may tire depending upon how the load is being carried).

Common manual handling statistics connected with injuries are:

65 percent strains
9 percent superficial
7 percent other
7 percent contusion
7 percent laceration
5 percent fractures
Sites of injury caused by incorrect handling are:

45 percent back
16 percent finger/thumb
13 percent arm
Remainder affecting lower limbs, arms, torso.
Reducing the risk of injury
Carry out a risk assessment
Lifting whilst bending forwards can be four times more stressful than lifting with an upright back. The risks of injury may be reduced by:
Adopting an ergonomic approach in the design of manual handling operations as a whole. Fit the operation to the individual and not the individual to the operation.
Use mechanical assistance - levers, hoists, trolleys etc.
Involve the workforce.
Refer to industry specific guidance.
Improve the task.
Provide personal protective equipment as a last resort.
Reduce risk of injury from the load by smaller loads, known weights, no sharp edges etc.
Improve the working environment - good housekeeping, flooring, lighting etc
Individual selection - fitness, strength, build etc
Produce a check list
Training
Manual handling assessment
Risk assessments are required under health and safety regulations. Employers must take into account the task, load, working environment and the individual capability.

WHILST RECENTLY ON A DDA COURSE WE WERE INFORMED THAT YOU CAN QUOTE THE MANUAL HANDLING REGULATIONS FOR REFUSING A WHEELCHAIR USER IF YOU FEEL THEY ARE TOO HEAVY TO HANDLE. OBVIOUSLY YOUR CASE WOULD FALL FLAT IF THEY ONLY WEIGHED 12 STONE OR SO.
A 9 STONE TAXI DRIVER WOULD HAVE PROBLEMS PUSHING A 20 STONE MAN INTO AN E7

I think the 1992 regs are a bit out of date

I think the writer may be incorrect regarding the refusal situation.

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Grandad,

And would we all know Precisely what 12 stones of disabled including a wheelchair looked like???

Thats why you do a risk assessment, which is basically common sense.
If you cannot judge whether or not you can manage somebody in a wheelchair maybe you shouldn't be doing the job.

And now you'll probably say you haven't even got a WAV

I dont think he has.....

CC

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Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

I think it can apply to taxis, cos if ten tonne Tessie wanted to be loaded into a WAV, the driver could safely refused cos of her weight.

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IDFIMH

But you can if sitting in it is a lump that will do your back in.

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IDFIMH

There is a max of 300k on mine.

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Former taxi driver

Rocketry is engineering, not science.

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Former taxi driver

Says a non wav ph driver?

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Former taxi driver

Well you learn something new everyday. It's mens toys generally and I draw the line at cricket

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Note to self: Just because it pops into my head does NOT mean it should come out of my mouth!!

Do you need to be a hackney carriage WAV owner to know the law of the land?

If so .........

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IDFIMH