Taxis and Private Hire Vehicles

Taxis

The Government is committed to an accessible public transport system in which disabled people have the same opportunities to travel as other members of society. Taxis and private hire vehicles (PHVs) are a vital link in the accessible transport chain and, although disabled people are reported to travel a third less often than the public in general, they use taxis and PHVs on average 67% more often.

The powers in Part 5 of the Disability Discrimination Act 1995 (DDA) allow regulations to be made requiring all new land-based public transport vehicles – trains, buses, coaches and taxis – to be accessible to disabled people, including those who need to remain in their wheelchair. Regulations are already in place for rail, bus and coach vehicles.

In 2003, the Government stated that it intended to set standards for wheelchair accessible taxis and to introduce regulations that would apply to mainly urban local authority areas (so-called ‘Phase 1′ authorities). The regulation making powers in the DDA do not apply to private hire vehicles.

Since then, however, the Department has received a number of representations making the case for a broader range of disabled people’s needs to be met in any regulations, rather than restricting the requirements only to wheelchair users. We have been looking at how this could be achieved but it is a complex matter. As a result, regulations have not been made.

Ministers remain keen to make progress on taxi accessibility and therefore intend to develop a consultation package for summer 2008 to seek views on the way forward.

In the meantime, accessible taxi policies remain a matter for individual local licensing authorities in line with previous guidance that has been issued by the Department.

Background information

Taxi & Private Hire Vehicle Statistics

The National Travel Survey provides data on the users of taxis and private hire vehicles (PHVs). Together these account for just over one per cent of all journeys per person per year. This amounts to about 700 million journeys or 3.5 billion miles per year. As well as the Travel Survey, this Department also undertakes a periodic survey of licensing authorities in England and Wales. This includes the number of vehicles and driver licenses as well as the number of wheelchair accessible vehicles in each area.

Research into the attitudes of disabled people towards public transport has recently been undertaken by MORI on behalf the Disabled Persons Transport Advisory Committee. The resulting report includes information on levels of patronage and satisfaction as well as other issues such as passenger information and suggestions for improvement. Statistics are broken down by transport mode, including a specific category for taxis and private hire vehicles.

Research into Local Authority Taxi & Private Hire Accessibility Policies

The Transport Research Laboratory (TRL) was commissioned by the Department to carry out a survey of the taxi and private hire licensing policies and practices of English and Welsh local authorities. Facts and opinions were sought from the licensing departments of local authorities about particular aspects of their licensing requirements that affected the transport of disabled people. The survey formed part of a larger study of the effects of the Disability Discrimination Act 1995 (DDA) upon the taxi and private hire trades and their customers.

The Disability Discrimination Act

Part 5 of the Disability Discrimination Act 1995 (DDA) covers physical characteristics of transport vehicles and all accessibility regulations are introduced under this part of the Act. Its provisions, and the policy for implementing regulations for taxis are explained in the ‘What we are doing‘ section.

Although transport services are currently exempt from the provisions in Part 3 of the DDA, that exemption will be lifted by future legislation. When those changes are in place, where it is possible for a disabled person to use a private hire vehicle (or taxi), the driver would, for example, be required to take them without additional charge unless he could justify that such action was unreasonable. There has already been a consultation on initial proposals and a further round of consultation on draft regulations will follow in due course.

Part 3 of the DDA already applies to transport infrastructure such as bus and railway stations. These rights have been phased in since 1996:

  • since 2 December 1996 it has been unlawful for service providers to treat disabled people less favourably for a reason related to their disability;
  • since 1 October 1999 service providers have been required to take reasonable steps to change practices, policies or procedures which make it impossible or unreasonably difficult for disabled people to use a service;
  • since 1 October 2004 service providers have had to take reasonable steps to remove, alter, or provide reasonable means of avoiding physical features that make it impossible or unreasonably difficult for disabled people to use a service.

This Department has published comprehensive guidance on best practice in the design of public transport infrastructure and the pedestrian environment. Inclusive Mobility is designed to inform the transport industries’ response to the forthcoming DDA requirements.

What we have done

Progress to date in implementing the taxi accessibility regulations and the legislation already in place covering the carriage of assistance dogs in taxis and private hire vehicles:

Carriage of Assistance Dogs in Taxis and PHVs

Taxis and PHVs are a vital link in the accessible transport chain and it is important that disabled people who use guide, hearing and other assistance dogs have confidence that they can book a vehicle that will carry them and their dog at no extra charge.

Section 37 of the DDA imposes a duty on all licensed taxi drivers to carry assistance dogs in their taxis and to do so without charge. This was necessary to deal with the refusal of some taxi drivers to accept such animals and has been in force since 31 March 2001. Drivers can apply for an exemption from the duty on medical grounds if they have a condition that is aggravated by contact with dogs to allow them to continue in the trade.

A suite of literature aimed at licensing authorities, drivers and disabled people was produced to explain the new obligations and rights (see ‘Publications and Other Resources’).

Originally the DDA provided no powers to extend this duty to drivers of PHVs. However, following a successful Private Members Bill introduced by Neil Gerrard MP, the DDA was amended and these powers became available under Section 37A of the Act. As well as a duty on PHV drivers, Section 37A also imposes a duty on operators to accept bookings made by or on behalf of a disabled person accompanied by an assistance dog.

Regulations have been made and a similar exemption procedure for PHV drivers with medical conditions aggravated by contact with dogs is also in place (there are no exemptions available to operators). The duty came into force on 31 March 2004.

A similar suite of literature has been produced for licensing authorities, operators and drivers and disabled people (see ‘Publications and other resources‘).

Research

Taxi Accessibility Regulations – Technical Specifications

We commissioned ESRI and Ricability to undertake research on the ergonomics of taxi design and the features that would make taxis accessible to the largest number of disabled people. This research was undertaken in two phases and both Phase 1 (literature review and pilot evaluation trial) and Phase II (full scale evaluation trials) reports are available together with a summary leaflet. The findings will help inform the development of a technical specification on which future taxi accessibility regulations will be based.

The regulations themselves will be the subject of a full public consultation exercise in due course.

Research into Local Authority Taxi & Private Hire Accessibility Policies

The Transport Research Laboratory (TRL) was commissioned by the Department to carry out a survey of the taxi and private hire licensing policies and practices of English and Welsh local authorities. Facts and opinions were sought from the licensing departments of local authorities about particular aspects of their licensing requirements that affected the transport of disabled people. The survey formed part of a larger study of the effects of the Disability Discrimination Act 1995 (DDA) upon the taxi and private hire trades and their customers.

Legislation

There are a number of pieces of legislation stemming from Part 5 of the Disability Discrimination Act 1995 (DDA) relating to taxi and private hire services and these are listed below in chronological order. Hard copies are available from The Stationery Office.

Taxis

Private Hire Vehicles

Related Legislation

Regulatory Impact Assessments

A Regulatory Impact Assessment (RIA) is a tool used to help policy makers assess the impact of policy options in terms of the costs, benefits and risks of a proposal. The Cabinet Office has published guidance to help departments ensure that they are exercising their statutory powers in a responsible manner.

  • Carriage of Assistance Dogs in Taxis and Private Hire Vehicles
    An RIA on the proposals for implementing the duty on taxi and private hire vehicles operators and drivers in England and Wales to carry assistance dogs.