The Disability Discrimination (Transport Vehicles) Regulations 2005

Interpretation

This section has no associated Explanatory Memorandum

2.  In these Regulations—

“the Act” means the Disability Discrimination Act 1995;

“breakdown or recovery operator” means a provider of roadside assistance services for the purpose of recovering or repairing a broken down vehicle;

“hire vehicle” means an M1, M2 or N1 vehicle which is hired out by a vehicle-hire firm under a hiring agreement;

“hiring agreement” means an agreement for the hire of an M1, M2 or N1 vehicle being an agreement which contains such particulars as may be prescribed under section 84 of the Road Traffic Offenders Act 1988(1) but does not include a hire-purchase agreement within the meaning of section 189 of the Consumer Credit Act 1974(2);

“M1”, in relation to a vehicle, means a vehicle designed and constructed for the carriage of passengers and comprising no more than eight seats in addition to the driver’s seat;

“M2”, in relation to a vehicle, means a vehicle designed and constructed for the carriage of passengers, comprising more than eight seats in addition to the driver’s seat and having a maximum mass not exceeding 5 tonnes;

“N1”, in relation to a vehicle, means a vehicle designed and constructed for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes;

“private hire vehicle” means—

(a)

in relation to England and Wales, a vehicle licensed under—

(i)

section 7 of the Private Hire Vehicles (London) Act 1998(3);

(ii)

section 48 of the Local Government (Miscellaneous Provisions) Act 1976(4); or

(iii)

an equivalent provision of a local enactment; and

(b)

in relation to Scotland, a hire car other than a taxi within the meaning of section 23 of the Civic Government (Scotland) Act 1982(5);

“public service vehicle” has the same meaning as in section 1 of the Public Passenger Vehicles Act 1981(6);

“rail vehicle” means a vehicle constructed or adapted to carry passengers on any railway or tramway and “railway” and “tramway” have the same meaning as in section 67 of the Transport and Works Act 1992(7);

“taxi” means—

(a)

in relation to England and Wales, a vehicle—

(i)

licensed under section 37 of the Town Police Clauses Act 1847(8);

(ii)

licensed under section 6 of the Metropolitan Public Carriage Act 1869(9); or

(iii)

which is drawn by one or more person, horse or other animal; and,

(b)

in relation to Scotland—

(i)

a hire car which is engaged, by arrangements made in a public place between the person to be conveyed in it (or a person acting on his behalf) and its driver for a journey beginning there and then(10); or

(ii)

a non-motorised vehicle which is drawn by one or more person, horse or other animal; and

“vehicle-hire firm” means any person engaged in hiring vehicles in the course of a business.

(1)

1988 c. 53. For the prescribed particulars see S.I. 2000/2546.

(6)

1981 c. 14; section 1 was amended by the Transport Act 1985, section 139(3) and Schedule 8.

(10)

See section 23 Civil Government Scotland Act 1982.