Agenda item

To note the report on wheelchair access vehicles.

The Licensing and Compliance Manager presented the report on Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 which took effect from the 28 June 2022.

He noted that there was a mechanism for drivers to request a medical exemption from some or all of the duties when supported by clear written evidence from a General Practitioner. This mechanism had not been included in the report.

He recommended that Members noted the report.

Councillor Driscoll said that there could be a financial implication to the Council as someone would have to be paid to maintain the list.

The Senior Licensing and Compliance Officer said that the information was already recorded within their database, and that uploading the information to the website was a very quick job which would not have a financial implication to the Council.

The Chair drew two points arising from this legislation to Members’ attention which he said would have a very significant impact:

• The Council licensed a lot of school transport vehicles, many of which had wheelchair access, but which were not routinely available for hire within the district. The list would contain a lot of wheelchair access vehicles not available for hire within the district.
• All Private Hire Vehicles and Hackney Carriages now have to comply with legislation for disabled people, including whose disability might not be apparent at the point of hiring. He said that he was fairly certain that this would come back to the Committee to consider the consequences of the changes of this legislation.

Councillor Smith asked whether the anomaly regarding apparent wheelchair access vehicles and actual available wheelchair access vehicles could be identified on the website so that residents could understand the disparity.

The Chair said that this would not be possible due to a driver`s right to roam.

In response to a question from Councillor Tayler, the SeniorLicensing and Compliance Officer said that the legislation specifically uses the term ‘disabled person’, which is defined under the Equality Act  to incorporates a broad range of physical and mental impairments.

Councillor Driscoll said that he was concerned about the Council`s duty of care as licensees of the vehicles and the drivers. He questioned whether sufficient training was undertaken with regard to wheelchairs and whether wheelchair loading should be included in the training when it came up for review.

The Solicitor said that licences would be refused where a driver or operator were found to not be fit and proper. She said that wheelchair accessible vehicles were checked and assessed by a specialised garage.

The Chair said that wheelchair loading training could be reviewed within the Green Penny course. He said that it would be difficult to pin a duty of care issue on the Council for an operator error unless it arose from inaccurate information or inappropriate control provided by the Council.

The Solicitor said that in that scenario the driver or operator would have to carry insurance and would be the primary defendant.

The Licensing and Compliance Manager said that a lot of home school transporters were required to undertake additional training with the Local Education Authority, and additional requirements were incorporatein their contracts.

The report was noted.