Accessibility for wheelchair users
Section 165, 165A and Section 167 of the Equality Act 2010 aims to prevent discrimination against wheelchair users by private hire drivers.
Section 167 of the Act gives us the power to make a list of wheelchair accessible vehicles so that wheelchair users are made aware of the accessibility of private hire vehicles within South Derbyshire.
Drivers of private hire vehicles designated as being wheelchair accessible must comply with the requirements of Section 165 and 165A of the Equality Act 2010, unless they have been issued with an exemption certificate.
The duties under Section 165 and 165A are:
- To carry the passenger while in the wheelchair;
- To carry the wheelchair;
- To carry their mobility aids;
- To take reasonable steps to carry the passenger in safety and reasonable comfort;
- To provide reasonable mobility assistance;
- To take such steps as are reasonable to assist the passenger to identify and find the vehicle which has been hired;
- Not to make, or propose to make, any charge for carrying out the above duties.
Mobility assistance is defined as:
- Enabling the passenger to get into or out of the vehicle
- Enabling the passenger to get into and out of the vehicle while in the wheelchair (if this is there wish)
- Loading the passenger’s luggage or mobility aids into or out of the vehicle
- Loading the wheelchair into or out of the vehicle if the passenger does not wish to remain in the wheelchair
It is an offence for a driver of a wheelchair accessible vehicle not to comply with the above duties. Any failure to comply with these duties will be treated seriously and may result in prosecution and/or referral to the Licensing and Appeals Sub-Committee for consideration of their private hire driver’s licence.
Section 166 allows the Licensing Authority to exempt drivers from the mobility assistance duties 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.
Any driver of a private hire vehicle on the designated list may submit a request for an exemption from the mobility assistance duties by completing the application form (pdf, 88kb). Medical evidence will be required in support of the application.
See the current list of prviate hire wheelchair accessible vehicles below designated in accordance with section 167 of the Equality Act 2010:
The 'reference wheelchair' is defined as 700mm in width, 1200mm in length, and 1350mm in height.
If you would like a hard copy of this list then please contact the Licensing Department on 01283 221000 or by email at email@example.com
There are currently no medical exemptions in place.
If you are a member of the public wishing to make a complaint under the Equality Act 2010, you can submit a complaint or contact us.