Agenda item

PURPOSE:

To agree to the Local Authority maintaining a list of “designated vehicles”, that is a list of wheelchair accessible Hackney Carriage and Private Hire Vehicles in accordance with Section 167 of the Equalities Act 2010.

RECOMMENDATION(S):

It is recommended that:-

Members approve a list of designated wheelchair accessible Hackney Carriage and Private Hire Vehicles.

3. KEY ISSUES

The Equalities Act 2010, on 6th April 2017 introduced changes to encompass wheelchair accessible vehicles within the taxi trade. The changes in the Act gives licensing authorities the power to maintain a list of wheelchair accessible Hackney Carriages (Taxis) and Private Hire Vehicles (PHVs). This means that licensing authorities can choose whether they wish to maintain a list of designated vehicles. However, it is strongly recommended by the Secretary of State that all licensing authorities to do so, as the objective of this provision is improve the travelling experience for people who use wheelchairs. This list is solely for wheelchair accessible vehicles.

Prior to the change in legislation, the Licensing Section already held details of those vehicles that were wheelchair accessible. The current Taxi and Private Hire Policy and Conditions adopted by Monmouthshire County Council in 2016 also referred to disability awareness and the duties of drivers should a wheelchair user wish to use a Taxis or PHVs (See Appendix A). As such, it seemed logical to designate the list as measures were already currently in place.

The law did not state, the extent of the details that need to be placed on the list. To assist it’s users and to ensure compliance, the 20 vehicles held on record as being wheelchair accessible were written to on 3rd May 2017. This letter explained that a list of designated wheelchair vehicles was to be placed on Monmouthshire County Council website, which if agreed by them, would include the following details;

 Licence Number

 Car Registration Number

 Vehicle

 Total Passenger Capacity

 Company

 Company Telephone Number

The letter further advised them that once they were placed on this designated list, the drivers of those vehicle must adhere to the following duties under Section 165 of the Equalities Act 2010:-

 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.

All 20 of those vehicle owners, agreed to being placed on the designated wheelchair accessible list and the list was duly placed on the Council’s website.

However, at the Welsh Licensing Expert Panel Meeting held on 28th June 2017, it was recommended that Licensing Committees should agree to a designated wheelchair accessible vehicle be adopted by their individual Authorities, even though this was not stipulated within the changes under the Equalities Act 2010.

The reasons given were that an Authority can designated a vehicle as wheelchair accessible upon its list without the consent of the owner. The vehicle owner can then appeal to the Magistrates of the Authorities decision to be placed on the list. It is felt that if Committees have adopted this list, they can then hold a hearing if a person does not want to be placed on a designated list prior to an appeal at the Magistrates Court.

Furthermore, it was noted at this meeting Section 166 of the Equalities Act 2010 allows licensing authorities to exempt drivers from the duties to assist passengers in wheelchairs if they are satisfied that it is appropriate to do so on medical grounds or because the driver’s physical condition makes it impossible or unreasonably difficult for him or her to comply with the duties. If no medical certificate is submitted from the Medical Practitioner stating reasons why the driver should be exempted from such duties the matter should be deferred to a hearing for a decision of exemption from such duties.

As such, this report requests the Licensing and Regulatory Committee to formally adopt a designated vehicle list of wheelchair accessible Hackney Carriages and Private Hire Vehicles.

MEMBERS COMMENTS

During discussion the following points were raised;

·         Members raised the need for disability awareness training to be given to all drivers.

·         It was felt that all drivers who assist wheel chair users need to be physically healthy.

·         Upon learning that disability awareness training was not mandatory, Members asked if this is something we could look to support in future.

Upon being put to the vote the Members unanimously voted to support Officer’s recommendation to approve a list of designated wheelchair accessible Hackney Carriage and Private Hire Vehicles.