Compliance with the Equality Act 2010
The Equality Act 2010 imposes duties on the drivers of designated wheelchair accessible taxis and private hire vehicles to assist passengers who use wheelchairs.
Drivers of vehicles designated by the Council as being wheelchair accessible must comply with the requirements of Section 165 of the Equality Act 2010, unless they have been issued with an exemption certificate.
The duties are:
- to carry the passenger while in the wheelchair
- not to make any additional charge for doing so
- if the passenger chooses to sit in a passenger seat to carry the wheelchair
- to take such steps as necessary to ensure that the passenger is carried in safety and reasonable comfort
- to give the passenger such mobility assistance as is reasonably required
Mobility assistance is defined as:
- to enable the passenger to get into or out of the vehicle
- if the passenger wishes to remain in the wheelchair, to enable the passenger to get into and out of the vehicle while in the wheelchair
- to load the passenger’s luggage into or out of the vehicle
- if the passenger does not wish to remain in the wheelchair, to load the wheelchair into or out of the vehicle
It is an offence for a driver of a designated wheelchair accessible vehicle not to comply with the above requirements.
The Council can exempt drivers from the duties to assist passengers in wheelchairs if they are satisfied that it is appropriate to do so on medical grounds or because the driver's physical condition makes it impossible or unreasonably difficult for him or her to comply with the duties.
The Council's duties
North Kesteven District Council has published a list of vehicles designated for the purposes of section 165 of the Act. The list will be updated on a fortnightly basis and can be found in the downloads section on the right hand side of this page.
To the best of our knowledge the vehicles on the list are capable of carrying those wheelchairs which accord with the ‘Reference wheelchair’ as defined in the Public Service Vehicle Accessibility Regulations 2000.
You can also access The Equality Act 2010 on the government legislation website.
The Statutory Guidance in respect of access for wheelchair users to Taxis and Private Hire Vehicles can be accessed on Gov.uk.