The Disability Discrimination Act 1995 (Private Hire Vehicles) (Carriage of Guide Dogs etc.) (England and Wales) Regulations 2003

Statutory Instruments

2003 No. 3122

DISABLED PERSONS

TRANSPORT, ENGLAND AND WALES

The Disability Discrimination Act 1995 (Private Hire Vehicles) (Carriage of Guide Dogs etc.) (England and Wales) Regulations 2003

Made

3rd December 2003

Laid before Parliament

9th December 2003

Coming into force in accordance with regulation 1

The Secretary of State for Transport, in exercise of the powers conferred by sections 37A(8)(b) and (9) and 67(2) of the Disability Discrimination Act 1995(1), and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Disability Discrimination Act 1995 (Private Hire Vehicles) (Carriage of Guide Dogs etc.) (England and Wales) Regulations 2003 and shall come into force as follows—

(a) regulation 2(1) on 31st December 2003; and

(b) all other provisions on 31st March 2004.

(2) In these Regulations “the Act” means the Disability Discrimination Act 1995.

(3) These Regulations apply to England and Wales.

Notices of exemption

2.—(1) The prescribed notice of exemption for the purposes of section 37A(8)(b) of the Act shall be a notice duly completed in accordance with the certificate of exemption, which shall be—

(a) in the case of a driver of a private hire vehicle to whom the certificate of exemption has been issued by a licensing authority in England, the notice set out in Schedule 1 to these Regulations; and

(b) in the case of a driver of a private hire vehicle to whom the certificate of exemption has been issued by a licensing authority in Wales, the notice set out in Schedule 2 to these Regulations.

(2) The prescribed manner of exhibiting a notice of exemption for the purposes of section 37A(8)(b) of the 1995 Act shall be by either—

(a) affixing it in a prominent position on the dashboard of the private hire vehicle, facing upwards; or

(b) affixing it to the windscreen of the private hire vehicle, facing outwards.

Prescribed charities

3.  Each of the following is a prescribed charity for the purposes of the definition of an assistance dog in section 37A of the Act—

(a) “Dogs for the Disabled” registered with the Charity Commission under registration number 1092960;

(b) “Support Dogs” registered with the Charity Commission under registration number 1017237; and

(c) “Canine Partners for Independence” registered with the Charity Commission under registration number 803680.

Signed by the authority of the Secretary of State for Transport

Tony McNulty

Parliamentary Under Secretary of State

Department for Transport

3rd December 2003

Regulation 2(1)(a)

SCHEDULE 1

1. FORM OF FRONT OF NOTICE OF EXEMPTION IN ENGLAND

2. FORM OF BACK OF NOTICE OF EXEMPTION IN ENGLAND

Regulation 2(1)(b)

SCHEDULE 2

1. FORM OF FRONT OF NOTICE OF EXEMPTION IN WALES

2. FORM OF BACK OF NOTICE OF EXEMPTION IN WALES

Explanatory Note

(This note is not part of the Order)

Section 37A of the Disability Discrimination Act 1995 imposes a duty on licensed private hire vehicle drivers and operators in relation to the carriage, without additional charge, of an assistance dog when it accompanies a disabled person. It also provides that a private hire vehicle driver may be exempted from this obligation on medical grounds

These Regulations, which apply to private hire vehicles licensed in England and Wales, prescribe the form of the notice of exemption which must be displayed by an exempted driver and the manner of its display in the private hire vehicle.

A regulatory impact assessment has been prepared and copies can be obtained from the Mobility and Inclusion Unit, Department for Transport, Zone 1/18 Great Minster House, 76 Marsham Street, London SWI 4DR (telephone [phone]). A copy has been placed in the library of each House of Parliament.

(1)

1995 c. 50. Section 37A was inserted by the Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (c. 37).