Sussex wrote:
That's a pretty major amendment.
120A* Insert the following new Clause—
"Control of numbers of licensed taxis; exception
(1) This section applies if—
(a) an application for a licence in respect of a vehicle is made under section 37 of the Town Police Clauses Act 1847,
(b) it is possible for a disabled person—
(i) to get into and out of the vehicle in safety,
(ii) to travel in the vehicle in safety and reasonable comfort, and
(iii) to do the things mentioned in sub-paragraphs (i) and (ii) while in a wheelchair of a size specified in regulations made by the Secretary of State, and
(c) the proportion of taxis licensed in respect of the area to which the licence would (if granted) apply that conform to the requirement in paragraph (b) is less than the proportion that is specified in regulations made by the Secretary of State.
(2) Section 16 of the Transport Act 1985 (which modifies the provisions of the Town Police Clauses Act 1847 about hackney carriages to allow a licence to ply for hire to be refused in order to limit the number of licensed carriages) does not apply in relation to the vehicle; and those provisions of the Town Police Clauses Act 1847 are to have effect subject to this section.
(3) In section 16 of the Transport Act 1985, after "shall" insert "(subject to section (Control of numbers of licensed taxis: exception) of the Equality Act 2010)"."Of course areas with a 100% WAV fleet will not be effected, so maybe that's the choice taxi proprietors might need to consider.

Sussex wrote:
skippy41 wrote:
This bit will annoy the ambient disabled as most cannot get into a wav
If they have a ramp everyone and anything can get in.
I don’t agree; many ambulant disabled are not able to walk up inclines & some of the wheelchair ramp inclines are quite steep.
Sussex wrote:
If the amendment becomes law then the trade has a choice, 100% WAVs in most areas, or 100% de-limitation in all areas.
I don't agree; to me this amendment is a double edged whammy.
I agree that in areas which are predominantly or wholly saloon taxis this amendment will delimit
TO A POINT!That point is qualified by the wording of the amendment which states; ‘the proportion of taxis licensed in respect of the area to which the licence would (if granted) apply that conform to the requirement in paragraph (b) is less than the proportion that is specified in regulations made by the Secretary of State.’
Sussex wrote:
Of course areas with a 100% WAV fleet will not be effected, so maybe that's the choice taxi proprietors might need to consider.

Sussex wrote:
The way I read it is that this section will only apply if there are more saloons than approved WAVs in an area that is restricted.
So in my view the likes of Manchester and Liverpool are in the clear, if you are a supporter of restrictions.
Sussex wrote:
(c) the proportion of taxis licensed in respect of the area to which the licence would (if granted) apply that conform to the requirement in paragraph (b) is less than the proportion that is specified in regulations made by the Secretary of State.
Conversely, I read this as applying to both the wheelchair disabled & the ambulant disabled, because the Secretary of State will now set proportions for saloon v WAV taxicabs. That to me means that there is a moved to introduce saloon taxis in areas that are 100% WAVs.
Also the way I read the amendment at paragraph (b) where it states:
(b) it is possible for a disabled person –, at this point it does not distinguish the type of disabled person, but only does so at point (iii) after the word ‘and’.
So, I believe this amendment will also affect areas that are 100% WAV.
MR T wrote:
If you read it as it is written it clearly says that councils will not be able to refuse any person applying for a licence that provides a wheelchair accessible vehicle, Now that to me is deregulation by the back door, there is nothing else written that states the vehicles should be new or old so if it is obviously open for interpretation.
Conversely, I read this amendment that in areas with 100% WAVs councils will not be able to refuse any person applying for a licence that provides a saloon car to be licensed as a taxi. Always bearing in mind that the Secretary of State will be setting ‘proportions’ if this amendment goes through.
One good point about this amendment though;
‘while in a wheelchair of a size specified in regulations made by the Secretary of State’
At last, wheelchair size specifications that can be carried by taxicabs. Presumably any larger wheelchairs will be exempt from being carried by taxicabs?
Or is such a Secretary of State’s regulations size specified restriction on wheelchairs too much to hope for?