Agenda item

The committee is requested to approve changes to the existing policy as set out in the report.

Mr Barson explained that sections 165 and 167 of the Equality Act 2010 came into force on the 6 April 2017. Section 165 of the Act requires drivers of wheelchair accessible vehicles (WAV) to carry passengers in wheelchairs, provide appropriate assistance and prohibits additional charging. Section 167 of the Act gives councils the power to create a list of wheelchair accessible vehicles. Contravention of the Act could result in a fine of up to £1,000. Mr Barson explained that officers intend to issue drivers with a list of WAV and publish a list on the Chichester District Council (CDC) website.

Mr Barson outlined section 166 of the Equality Act 2010. He explained that for a driver to be granted an exemption from carrying passengers in wheelchairs they must provide written medical evidence from a doctor or other professional detailing the reason the exemption is required, the date the relevant condition started, the type of modification/s (if any) required and the timescale for any modification/s. The licensing team reserves the right to refer the driver to the councils own medical practitioner or occupational therapist.  If there are any doubts then the matter would be referred to Licensing Sub-Committee. If the licence is refused then the driver has the right of appeal to the Magistrates Court.  For an exemption notice to be valid it must be displayed correctly in the driver’s vehicle.

Mr Barson also advised of the proposed addition to the policy in terms of clarifying the requirements for licensed drivers to carry assistance dogs and the process for drivers to claim an exemption on medical grounds.

In response to members questions about vehicle capacity Mr Barson explained that the driver application form provides officers with information relating to whether a vehicle is wheelchair accessible. He confirmed that all WAV in the CDC fleet have the capacity to securely transport a standard sized wheelchair also known as a ‘reference’ wheelchair (exact dimensions are detailed on the website).  For anything larger (electric wheelchairs) the driver of a WAV will need to undertake a dynamic risk assessment to determine whether it is safe to transport the wheelchair user/s. The council’s expectation is that in the vast majority of cases it will be safe to do so. Any new applicant who intends to drive a WAV is required to undertake a wheelchair assessment to ensure they know how to safely load, secure and unload. Regarding the number of complaints from passengers travelling in wheelchairs, Mr Barson explained that most relate to loading and unloading although these were very rare. He confirmed that under these circumstances the licensing team has requested that the driver retake the assessment.

In response to a request to clarify some key definitions Mr Barson outlined a document created by Transport for London which illustrates the various types of assistance dogs and what their different coats represent. Mr Foord agreed to arrange for the link to be sent to all drivers and put on the CDC website. It was also confirmed that drivers must carry assistance dogs unless they have been issued with an exemption certificate and notice by the council for a genuine medical reason following an application being made to the licensing team and including supporting information from the GP and Consultant. Mr Barson explained that the CDC definition of a standard wheelchair is detailed in appendix two to the report and all vehicles on the CDC designated list would be able to carry a standard wheelchair. It was also clarified that taxis cannot transport mobility scooters.

In response to members concerns regarding complaints, Mr Barson confirmed that no complaints had been received about drivers starting the meter whilst loading passengers in wheelchairs. Mr Foord explained that when the licensing team is contacted for advice by a member of the public on booking a taxi they encourage them to contact a licenced operator and discuss any specific requirements prior to their journey.

Ms Di Lauro requested an amendment to appendix two on page 10 of the agenda pack to read ‘hire’ instead of ‘higher’.

RESOLVED

That the proposed changes to the existing policy regarding duties to carry wheelchair users, establishing a list of designated ‘Wheelchair Accessible Vehicles’ and the carrying of assistance dogs be approved subject to the above amendment.