DfT issues guidance on impact of Equality Act on taxi drivers

The Department for Transport has issued guidance for licensing authorities and drivers about the sections of the Equality Act 2010 relating to taxis and private hire vehicles that are coming into force.

In a written Parliamentary statement, transport minister Norman Baker said: “The Equality Act 2010 contains new provisions which will, when commenced, tighten the law by placing duties on taxi and PHV drivers to provide assistance to people in wheelchairs."

Section 165 of the 2010 Act places duties on drivers of designated wheelchair accessible taxis and PHVs:

• to carry the passenger while in the wheelchair
• not to make any additional charge for doing so
• if the passenger chooses to sit in a passenger seat, to carry the wheelchair
• to take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort, and
• to give the passenger such mobility assistance as is reasonably required.

This section will be commenced at a later date, but not before April 2011, the guidance says.

The minister added: “Before these duties come into force, we are making provision for those drivers who themselves suffer from a condition which makes it difficult to provide assistance, to apply for an exemption from these duties.”

Drivers will be able to apply for exemptions from October, he said.

The Department has also produced guidance on the commencement of the sections of the 2010 Act that oblige taxi and PHV operators to carry guide dogs.

The minister said: “This obligation is already prescribed in the Disability Discrimination Act 1995, so in practice there will be no change for drivers. However, the guidance I have published will reassure drivers and licensing authorities that any existing exemption notices which refer to the Disability Discrimination Act 1995 will be valid once the Equality Act sections are commenced.”

A copy of the guidance can be downloaded here.