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PostPosted: Thu Oct 07, 2010 1:12 pm 
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wannabeeahack wrote:
does "the act" (or regs) insist a driver do any more than provide the ramps for use? (i.e. place them down for use)?

From the first of this month the 2010 Act says you must;

Section 165
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 the person 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 167;

(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 prescribed 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 166 and 167 “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.

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PostPosted: Thu Oct 07, 2010 1:24 pm 
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Quote:
(b)by another person who wishes to be accompanied by a disabled person who is in a wheelchair.


If a wheelchair is loaded into a WAV IE LTI or Metro, most of the time the rear seat has to be lifted to accommodate the chair, and unless there is a jump seat in the front how does the driver carry the extra passengers??/


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PostPosted: Thu Oct 07, 2010 2:26 pm 
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Sussex wrote:
wannabeeahack wrote:
does "the act" (or regs) insist a driver do any more than provide the ramps for use? (i.e. place them down for use)?

From the first of this month the 2010 Act says you must;

Section 165
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 the person 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 167;

(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 prescribed 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 166 and 167 “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.


Very very misleading.... first has each council created a list of designated drivers and vehicles..
Quote:
(a)a taxi or private hire vehicle is “designated” if it appears on a list maintained under section 167;


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


and this is something they are coming back to... so how can they enforce something that doesn't exist... .

Quote:
(d)to take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort


health and safety rules and laws won't allow a driver to do this... especially on his own..

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PostPosted: Thu Oct 07, 2010 2:54 pm 
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all this for 1.5% of the population

of course the WAV-hack approached could pull away and say "sorry, got a booking".....


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PostPosted: Thu Oct 07, 2010 4:20 pm 
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(1)
Quote:
This section imposes duties on the driver of a designated taxi which has been hired
Is it just me... or have they made a fatal mistake in the wording of this passage...

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


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 Post subject:
PostPosted: Thu Oct 07, 2010 5:10 pm 
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Posts: 20130
MR T wrote:
(1)
Quote:
This section imposes duties on the driver of a designated taxi which has been hired
Is it just me... or have they made a fatal mistake in the wording of this passage...


I think it is just you. No one has died!

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 Post subject:
PostPosted: Thu Oct 07, 2010 5:26 pm 
taxitone wrote:
the same thing happened to me, I was no5 on rank one day when driver at no1 come running up to me saying he's ramps were broken and could not do wheelchair job (more like because it was raining and takes him time to get wheelchair into doblo, i done job in my tx it went £6.10, 3 weeks later i took wheelchair job although i was no3 and he was no2, when he found out later that the job went 54.60 he came up to me and said why did you take that job in front of me i was before you, i pointed out that 3 weeks earlier you were quick enough to tell me your ramps were broken but you have not once since then come and told me you have had them repaired.


That sir is the way to go. :lol: :lol: :lol:


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 Post subject:
PostPosted: Thu Oct 07, 2010 9:41 pm 
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Location: 1066 Country
MR T wrote:
Very very misleading.... first has each council created a list of designated drivers and vehicles..

If you think the courts will look favourably on anyone driving a cab who has an accident, and someone in a wheelchair isn't strapped in securely and safely, then you are mistaken.

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 Post subject:
PostPosted: Thu Oct 07, 2010 11:28 pm 
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Quote:
Cabbie refused to take disabled woman home



I once got wrong off the Wife for taking a Baby rabbit home...fech knows what she'd say say if I took a woman home, disabled or otherwise :-k


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 Post subject:
PostPosted: Thu Oct 07, 2010 11:40 pm 
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toots wrote:
Quote:
The Corpy wouldn't send a double-decker bus out if the ticket machine was knackered, so why take a WAV out if the wheelchair ramps are knackered?

Point taken but it doesn't make the bus unsafe does it? I've been on trains were not all the doors open and they are still moving around on the tracks.

I think you're getting taxis mixed up with trams!

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