Find the answers to common questions about the Equality Act 2010 for taxi and private hire vehicle (PHV) drivers.
What does Mobility Assistance Mean?
Mobility assistance essentially means helping passengers who use wheelchairs by providing physical assistance.
If the passenger wishes to remain in the wheelchair, the driver must help the passenger to get into and out of the vehicle.
If the passenger wants to transfer to a seat, the driver must help him or her to get out of the wheelchair and into a seat and back into the wheelchair; the driver must also load the wheelchair into the vehicle.
The driver must also offer to load the passenger’s luggage into and out of the vehicle.
What if my Licensing Authority Does Not Intend to Keep a List of Designated Vehicles?
If a licensing authority does not intend to maintain a list of designated vehicles then the duties will not apply; the duties only apply to drivers of vehicles which are on the licensing authority’s list of designated vehicles.
Eastbourne Borough Council does intend to maintain a list of designated vehicles.
What if I Have a Back Condition Which Makes it Impossible for Me to Help a Passenger in a Wheelchair Get into a Cab?
The new Act allows for exemptions from the duties on medical grounds or if the driver’s physical condition makes it impossible, or unreasonably difficult, for him or her to comply with those duties.
It is the responsibility of drivers who require an exemption to apply for one from Eastbourne Borough Council before the duties come into force; they will have at least six months to go through this process.
Who Decides if a Driver is Exempt?
Eastbourne Borough Council as the Licensing Authority decides if a driver should be exempt from the duties.
This will be based on various expert advice, including that of the Council’s authorised Medical Practitioner, in conjunction with the drivers own Medical Practitioner or Specialist.
What if the Licensing Authority says that I am OK to Carry Out the Duties and I Disagree?
The legislation allows a driver to appeal to the Magistrates’ Court within 28 days if the Licensing Authority decides not to issue an exemption certificate.
How will Passengers Know that I am Exempt from the Duties to Assist Passengers?
The Department for Transport will be printing and issuing to Licensing Authorities special Exemption Notices.
Exempted drivers must display this notice on their vehicles in order that passengers will know that the driver is exempt from duties.
When will the Duties Come into Force?
A further announcement will be made about when the actual duties to assist will come into force, but it will not be before April 2011.
Drivers with a medical condition that prevents them from carrying out the duties will be able to apply to their licensing authority for an exemption from October 2010, before the duties come into force.
Assistance Dogs
