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PostPosted: Thu Oct 21, 2010 1:12 am 
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Joined: Thu Mar 25, 2010 8:08 am
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Location: Wirral
It's part of our job - of course - to assist wheelchair users as they get into and out of the vehicle, but how far does our responsibility go?


"I arrived at an address one day last week to pick up a gentleman who, it turned out, is wheelchair bound. The gentleman is severely handicapped and was sitting in his hallway with the front door open.

There was no way - with his disability - that he'd have been able to propel his wheelchair over the step, out of the house and to the vehicle...

I had to push him along the hall, pull him in the 'chair down the step and out of the house, lock the front door and then push him out to the vehicle. I then had to put the 'chair in the boot and at the end of the journey repeat the process. I realised upon our arrival at the supermarket that I couldn't leave my customer at the roadside, so I left my vehicle and pushed him inside, where luckily enough a member of the store staff recognised the customer and was happy to take over.

The gentleman - through his disability - is unable to say more than a few words and when I charged him he handed me his wallet. I opened it in front of him and took the fare."



Let me stress that I fully appreciate it is part of my role to provide assistance - and I have no problem with this. I am not concerned that the job took me a while to complete, nor am I bothered that it was a short journey and not very profitable. I didn't complete the job and feel annoyed - but I did leave the job and find myself questioning things...

- I feel a driver may be leaving himself wide open to accusations (of whatever nature) by entering the house.
- This gentleman was not the smallest of people, and lifting him down the step in the wheelchair took quite some effort. What if I'd injured either of us? Where would I stand?
- I was not happy at having to open the gentleman's wallet. Again, 'dodgy ground'.

Please comment if you've found yourself in similar situations or if you can offer advice. I am a relatively new driver, striving to do the job to the best of my ability. I am not lazy or disgruntled - I'm genuinely concerned.


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PostPosted: Thu Oct 21, 2010 4:48 am 
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Quote:
- I feel a driver may be leaving himself wide open to accusations (of whatever nature) by entering the house.
- This gentleman was not the smallest of people, and lifting him down the step in the wheelchair took quite some effort. What if I'd injured either of us? Where would I stand?
- I was not happy at having to open the gentleman's wallet. Again, 'dodgy ground'.



I think that you have every right to feel the way you do, the points that you have raised are very valid and I would seek clarification/advice from your L.A. They in turn may be able to notify the department i.e "social services" of the said situation.

Re the weight of the person concerned, if any person is too heavy for you to handle safely, then you have every right to refuse. That would be in their interests as well as your own.

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PostPosted: Thu Oct 21, 2010 5:48 am 
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Joined: Wed Sep 03, 2003 7:30 pm
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WirralPH wrote:
Let me stress that I fully appreciate it is part of my role to provide assistance - and I have no problem with this.

You are obliged to offer 'reasonable' assistance to anyone requiring it.

In the scenario you outlined you clearly passed that requirement.

However if you decided that the requirements of the customer exceeded what one would consider reasonable, then you are quite within your rights to say no.

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PostPosted: Thu Oct 21, 2010 10:29 am 
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The passenger should have had a carer with him if he is that disabled, id bet carers allowance is being paid, a driver is not trained for this, nor covered by his insurance, whilst delivering for firms as a PAYE employee we were told NOT to enter houses under any circumstances


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PostPosted: Thu Oct 21, 2010 12:19 pm 
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When I was driving a WAV this point was raised at a mobility training session. If I remember correctly, our insurance only covers us from the bottom of the ramp whilst loading to the same point after the customer disembarks.

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PostPosted: Thu Oct 21, 2010 2:16 pm 
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Joined: Wed Jun 17, 2009 1:38 pm
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The Law requires that you give adequate assistance to the nearest door. You should not enter private premises. The Equality bill ONLY states you should not offer a lesser service to a disabled passenger. You are right, you should not have enter his house or attempted to lift him.


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PostPosted: Thu Oct 21, 2010 2:55 pm 
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I take we all have public liability and sickness cover insurance/loss of income?


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PostPosted: Thu Oct 21, 2010 3:42 pm 
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wannabeeahack wrote:
I take we all have public liability and sickness cover insurance/loss of income?


Losing Income due to an incident is one thing...Losing your clients to your local opposition because you cant work is another...no insurance cover will recompense you on that front.


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PostPosted: Thu Oct 21, 2010 5:11 pm 
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Joined: Thu Mar 25, 2010 8:08 am
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Location: Wirral
Thanks for the replies - and thanks for not quickly jumping to the conclusion that I can't be bothered helping the wheelchair bound man.

I happily carry probably 2-3 wheelchairs a day and fold them and put them in the boot, but this situation is clearly different.

Some good points in the replies, cheers.


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PostPosted: Thu Oct 21, 2010 7:15 pm 
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I did several years as an ambulance service sub-contractor, what you described was the norm, also taking the passenger into hospital in wheelchairs, also where they didnt have thier own chair, if we had waited for a porter we would have been there hours


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PostPosted: Thu Oct 21, 2010 9:38 pm 
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IMO any duty to give assistance begins and ends at your cab.
You are required to assist them in and out of your cab, paying heed to H & S legislation as you do so.
You are not compelled to do more than this. If you do it's up to you.

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PostPosted: Tue Nov 09, 2010 4:19 am 
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There is no way I would enter any ones house to collect a disabled customer.

A few years ago I actually asked my insurers this exact question as I had refused to carry a customers shopping trolley (which felt like it was loaded with lead !) up 3 yes 3 floors to her flat.
The lady complained to the council so I before my meeting with the council I visited my broker and he got letter faxed back from the insurer which clearly stated that my cover stopped when the wheelchair was on the path and off the ramp.

That made for a very short meeting. I said to the council that I would only do it if they covered my liability. Of course they said no so that was the end of that :wink:


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 Post subject: your liability....
PostPosted: Fri Nov 12, 2010 7:19 pm 
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Joined: Wed Jul 30, 2008 8:47 pm
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Location: Northampton
As a taxi driver, you do have responsibility to assist a disabled passeneger in, out and throughout the journey.
However, beyond that is beyond your responsibility. But, if you undertake additional duties, you are making a decleratin that you are competent to do so. Therefore, should you inadvertently knock the wheelchair over or damage his door etc.. etc... You are fully liable.
And surely it goes without saying that, your vehicle insurance will not cover you. this will leave you personally liable to a private prosecution.
That's your home, your car, your villa in Spain..

If a passenger needs more assistance than entry, exit and considerate driving, they should be accompanied.

So, to answer your question, yes. the driver is making themselves very vulnerable..

I am a taxi driver and qualified as an ambulance attendant/driver. We have specific training in handling people with physical limitations as they can be 'easily damaged'. Also, they can be unpredicatable and in reacting to them, you can also get injuries.


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