DISABILITY DISCRIMINATION ACT 1995 TAXI PROVISIONS The Taxi Drivers Licences (Carrying of Guide Dogs and Hearing Dogs) Scotland Regulations 2001

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1 DRAFT GUIDANCE DISABILITY DISCRIMINATION ACT 1995 TAXI PROVISIONS The Taxi Drivers Licences (Carrying of Guide Dogs and Hearing Dogs) Scotland Regulations 2001 Introduction 1. The Scottish Executive is committed to an accessible public transport system in which people with disabilities can enjoy the same opportunities to travel as other members of our society. Taxis are a valuable link in the accessible transport chain and it is important that people with disabilities, who use guide, hearing or other assistance dogs, can have confidence that the taxi they find on a rank, or hail on the street, will accept them and their dog at no extra charge. 2. Section 37 of the Disability Discrimination Act 1995 (DDA) and the associated regulations have placed a duty on licensed taxi drivers in England and Wales to carry guide and hearing dogs accompanying disabled people, and to do so without charge. Section 39 of the 1995 Act amends section 20 of the Civic Government (Scotland) Act 1982 (1982 Act) and enables Scottish Ministers to make equivalent provision in Scottish Regulations by requiring licensing authorities to attach prescribed conditions to licences which they issue or renew. While it is acknowledged that some licensing authorities may already have such conditions of licence in place by virtue of their discretionary powers under Schedule 1, paragraph 5(2) of the 1982 Act, The Taxi Drivers Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 2001 (copy enclosed) make it a mandatory requirement to do so. The Regulations also contain provisions relating to the exemption of drivers from such requirements on health grounds, including the information which must be contained in any exemption notice issued by a licensing authority, the method of display, the notification of decisions, the giving of reasons and the appeals process. 3. This guidance is to inform licensing authorities about the new duties to be placed on all licensed taxi drivers by way of prescribing conditions that must be attached to new and renewal licences at the time of issue and to give advice on exemption procedures. The Regulations will come into effect for those seeking exemption on (exact date still to be determined) and licensing authorities will be required to attach the prescribed conditions on all taxi drivers licences issued after (exact date still to be determined) unless an exemption has been granted. Licensing authorities are asked to ensure that copies of this guidance are made available to all officers who may be involved in taxi licensing and in particular those dealing with the issue of exemption notices. 4. The DDA does not extend to private hire cars and consequently these regulations do not apply to the drivers of such vehicles. However the discretionary power available to licensing authorities referred to above to attach such reasonable conditions as they think fit apply equally to the licences of private hire drivers. If licensing authorities consider that private hire drivers failing to carry a guide or hearing dog accompanying a disabled person is an actual or potential problem in their area we would encourage the attachment of similar conditions when issuing or renewing such licences. 1

2 Types of Dog Covered 5. In addition to guide dogs and hearing dogs, the provisions of section 39 of the DDA also allow Scottish Ministers to prescribe other categories of dog which are trained to assist a person with disabilities, who has a disability of a prescribed kind, to which the Regulations will apply. 6. An assistance dog is defined at Regulation 1 as a dog which is trained by a charity to assist a disabled person with a physical impairment, which consists of epilepsy or which otherwise impairs a person s ability to carry out routine daily tasks, which at the time the disabled person hires the taxi is wearing a jacket inscribed with the name of the charity. New Duties on Taxi Drivers 7. Regulation 2 requires licensing authorities to include in the conditions attached to any new or renewal licence issued after (exact date still to be determined) the condition specified at Regulation 3. This will result in the driver of a taxi which has been hired: (a) by or for a disabled person who is accompanied by a guide dog, hearing dog or an assistance dog of that person; or (b) by a person who wishes such a disabled person to accompany that person in the taxi; having a duty to: (a) carry the disabled passenger s dog and allow it to remain with the disabled person; and (b) not make any additional charge for doing so. unless exempt from doing so. 8. To ensure that those taxi drivers, whose licences are due to be renewed around the time the prescribed condition comes into effect, have the opportunity to seek an exemption the Regulations, with the exception of the prescribed condition, will come into force on (exact date still to be determined). The prescribed condition must be attached to all licences issued after (exact date still to be determined) unless an exemption is in place. (Subject to any comments received it is anticipated that 3 months will be allowed for taxi drivers to obtain an exemption before the prescribed condition comes into effect). In the case of new licence applications which are in the system during this period licensing authorities may wish to consult applicants with a view to determining whether they wish to seek an exemption before any new licence is issued. Similarly licensing authorities may wish to consider amending the licence application used for taxi drivers to take account of the new requirement and exemption arrangements. 9. Licensing Authorities will wish to note that the regulations only require the prescribed conditions to be applied at the time a new or renewal licence is issued. If licensing 2

3 authorities wish to vary the conditions attached to existing taxi drivers licences prior to their renewal date then the provisions of Schedule 1 paragraph 10 will apply. Exemption from Prescribed Condition 10. To enable drivers with medical conditions that would be aggravated by carrying dogs to continue to drive taxis, Regulation 4 enables licensing authorities to exempt such drivers from the requirements of Regulation 3. This must be verified by the issue of a notice of exemption in the form set out in the Schedule to the Regulations and in accordance with the procedure set out at Regulation 5 (see paragraph 12 below). For any exemption notice to be valid the exemption must be exhibited by the driver either by: - (i) (ii) affixing it in a prominent position on the dashboard facing upwards; or affixing it to the windscreen of the taxi, facing outwards. Medical Conditions 11. Taxi drivers may wish to apply for an exemption if they have a medical condition that is aggravated by contact with dogs, if they are allergic to dogs or if they have an acute phobia to dogs. It is not possible to estimate how many taxi drivers could be affected by coming into contact with dogs and the extent to which this would be treatable. However we expect the number whose condition is so serious that they need to obtain an exemption from the requirement to carry assistance dogs will be small. This is especially the case for those drivers of purpose-built taxis which are fitted with a partition between the driver and passenger compartment. Procedure 12. Under the provisions of Regulation 5(1) it is for individual licensing authorities to satisfy themselves as to whether it would be appropriate to grant an exemption from the prescribed condition on medical grounds. In determining the outcome of any application received Regulation 5(2) requires a licensing authority to have particular regard to the physical characteristics of the taxi which the applicant drives. Regulation 5(3) allows a licensing authority to specify the period for which any exemption is valid. To assist a licensing authority in determining the outcome of any application for exemption it receives Regulation 5(4) allows a licensing authority, if it so wishes, to require a driver to undertake a medical examination at its expense. However it would be open to the licensing authority to recover such costs under the provisions of section 12 of the Civic Government (Scotland) Act Alternatively, if they have the applicant s permission to do so, licensing authorities may wish to contact the applicant s GP or specialist with a view to obtaining the necessary information. As a result of the introduction of the Regulations licensing authorities may also wish to consider the merits of including the prescribed condition in any medical they require for new or older drivers under the provisions at section 13(4) of the 1982 Act. Application 13. The details required on any application for exemption are at the discretion of individual licensing authorities. Apart from the usual personal details, in view of the 3

4 information which is required to be shown on any exemption notice subsequently issued (see paragraph 14 below), licensing authorities will need to ascertain: - - the type of taxi driven by the applicant, i.e. does the vehicle have a fixed partition between the driver and passenger compartments; - the registration number of the vehicle (if driving a single vehicle); and - the period for which exemption is sought (i.e. lifetime or temporary exemption). We would recommend that licensing authorities also obtain from the applicant the medical reason as to why an exemption application is being made, the details of and, if appropriate, permission to contact the applicant s GP or specialist and any other information which they consider relevant. Notice of Exemption 14. The Schedule requires the notice of exemption to contain the name of the licensing authority issuing it, the full name of the driver, the number of the taxi driver s licence, the start and end dates of the exemption period and provides licensing authorities with a range of options as to the type of vehicle the exemption applies to. It will be for licensing authorities to determine, based on the medical evidence available, as to the type of vehicle(s) the exemption applies. 15. If the exemption is to be limited to a single vehicle, the registration number of the taxi and the licence number of the taxi should be entered at (a) and the other two options deleted. While there may well be circumstances in which this is the preferred option, the disadvantage of limiting an exemption in this manner is that it will be necessary to issue a new notice every time an exempt driver changes his vehicle. 16. If a driver is likely to drive more than one vehicle any exemption granted should apply to either (b) or (c) depending on the type of vehicle operating in the licensing authority area. If this happens to be a mixed fleet and the applicant may require to drive both types of vehicle then, depending on the driver s medical condition, either or both may be appropriate. 17. As indicated above it is entirely a matter for the licensing authority to determine the time period for any exemption which it grants. If a medical condition is permanent an authority may wish to grant an exemption to coincide with the expiry date of the driver s licence. Alternatively, a licensing authority may wish to review exemptions periodically if it is anticipated that the medical condition will improve or to determine if new medical treatments have affected the need for exemption. Licensing authorities will also need to take into account whether there is a continuing need for an exemption when, for example, a driver changes to a different type of vehicle for which an exemption may not be required. 18. Once the notice has been completed it is recommended that the licensing authority mark it with an official stamp or seal for security purposes before it is sent to the applicant. In issuing any notice a licensing authority may also wish to stress that the notice is for the applicant s use only and should not be displayed if someone other than the applicant is driving the vehicle. Licensing authorities will wish to ensure that the necessary procedures 4

5 are in place to record exemption notices, to remind drivers of expiry and to take any appropriate follow-up action. Notification of decisions and giving of reasons 19. Regulation 6 applies the timetable contained at Schedule 1 paragraph 17 of the 1982 for the notification of decisions and the giving of reasons by the licensing authority. It allows the applicant for exemption to obtain reasons for the decision arrived at by the licensing authority providing that request is made within 28 days from the date it was made. Should a licensing authority receive any such request they are required to give their reasons within 10 days of being required to do so. Appeals against refusal to grant a certificate of exemption 20. In the event that a licensing authority concludes that it would not be appropriate to grant a notice of exemption, Regulation 7 contains the provisions should the applicant wish to appeal against that decision. In doing so, Regulation 7 largely applies the provisions of Schedule 1 paragraph 18 of the 1982 Act. Enforcement 21. The enforcement of the new requirement for taxi drivers to carry guide, hearing and other assistance dogs which accompany a disabled person, and the investigation of any complaints received, will essentially fall to licensing authorities. Under section 7(2) of the Civic Government (Scotland) Act 1982, a taxi driver who fails to comply with any condition attached to a licence will be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 (currently 1,000). Enquiries 23. Any enquiries about this Circular should be directed to either Ann Callaghan (tel ) or Alex Gibson (tel ) at the Scottish Executive, Finance and Central Services Department, Constitution and Governance Division, Area 3-H, Victoria Quay, Edinburgh EH6 6QQ or by ann.callaghan or alex.gibson@scotland.gsi.gov.uk 5