Part 4General provisions relating to passenger transport

Use of taxis and hire cars to provide local services

56Carrying of passengers in wheelchairs: supplementary provisions

1

The Disability Discrimination Act 1995 (c. 50) is amended as follows.

2

After section 36 insert—

36AList of wheelchair-accessible vehicles providing local services

1

A licensing authority may maintain a list of vehicles falling within subsection (2).

2

A vehicle falls within this subsection if—

a

it is either a taxi or a private hire vehicle,

b

it is being used or is to be used by the holder of a special licence under that licence, and

c

it conforms to such accessibility requirements as the licensing authority thinks fit.

3

“Accessibility requirements” are any requirements for the purpose of securing that it is possible for disabled persons in wheelchairs—

a

to get into and out of vehicles in safety, or to be conveyed in safety into and out of vehicles while remaining in their wheelchairs; and

b

to be carried in vehicles in safety and reasonable comfort (whether or not they wish to remain in their wheelchairs).

4

The Secretary of State may issue guidance to licensing authorities as to—

a

the accessibility requirements which they should apply for the purposes of this section;

b

any other aspect of their functions under or by virtue of this section.

5

A licensing authority which maintains a list under subsection (1) must have regard to any guidance issued under subsection (4).

6

In this section—

  • “licensing authority”, in relation to any area, means the authority responsible for licensing taxis or, as the case may be, private hire vehicles in that area;

  • “private hire vehicle” means—

    1. a

      a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976;

    2. b

      a vehicle licensed under section 7 of the Private Hire Vehicles (London) Act 1998;

    3. c

      a vehicle licensed under an equivalent provision of a local enactment;

    4. d

      a private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982;

  • “special licence” has the meaning given by section 12 of the Transport Act 1985 (use of taxis in providing local services);

  • “taxi” includes a taxi licensed under section 10 of the Civic Government (Scotland) Act 1982.

3

Section 38 (appeal against refusal of exemption certificate) is amended as follows.

4

In subsection (1) after “a magistrates' court” insert “ or, in Scotland, the sheriff court ”.

5

In subsection (2) for “this section” substitute “ subsection (1) ”.

6

At the end of the section insert—

4

Any person who is aggrieved by the decision of a licensing authority to include a vehicle on a list maintained under section 36A may appeal to a magistrates' court or, in Scotland, the sheriff court before the end of the period of 28 days beginning with the date of the inclusion.

5

In this section “licensing authority” has the meaning given by section 36A.

7

In consequence of the amendments made by subsections (4) to (6), the heading to section 38 becomes “ Appeals ”.

8

In section 68(1) (interpretation), in the definition of “licensing authority”, for “section 37A” substitute “ sections 36, 36A, 37A and 38 ”.

9

In section 70 (commencement etc) after subsection (2) insert—

2A

The following provisions of this Act—

a

section 36 so far as it applies to designated vehicles,

b

section 36A, and

c

section 38 (which has already been brought in force in England and Wales by an order under subsection (3)) so far as it extends to Scotland,

come into force 2 months after the passing of the Local Transport Act 2008.