Equality Act 2010

The Equality Act 2010 includes some provisions relating specifically to taxis and private hire vehicles and disabled passengers. The information below sets out what the duties are and provides advice on how to comply with the law. 

 

Wheelchairs 

Section 165 of the Equality Act places duties on drivers of designated wheelchair-accessible taxis and private hire vehicles. 

The duties are: 

  • To transport the passenger while in the wheelchair; 
  • Not make any additional charge for doing so; 
  • If the passenger chooses to sit in a passenger seat, to transport the wheelchair; 
  • Take such steps as are necessary to ensure that the passenger is transported in safety and reasonable comfort; 
  • Give the passenger such mobility assistance as is reasonably required - which the Act defines 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; 
    • If the passenger does not wish to remain in the wheelchair, to load the wheelchair into or out of the vehicle; 
    • To load the passenger's luggage into or out of the vehicle. 

We would always expect drivers to provide assistance such as installing the boarding ramp, or securing a wheelchair within the passenger compartment. Depending on the weight of the wheelchair and the capability of the driver, reasonable mobility assistance also includes pushing a manual wheelchair or light electric wheelchair up a ramp.  The requirement not to charge a wheelchair user extra means that, in practice, a meter should not be left running while the driver performs duties required by the Act, or the passenger enters, leaves or secures their wheelchair within the passenger compartment. 

Drivers who fail to comply with these duties are liable to prosecution and fines of up to £1,000. The driver's continued fitness to hold a licence may also be reviewed. The only grounds for exemption are medical, or that a physical condition makes it impossible or unreasonably difficult for a driver to comply with these duties. Applications for exemptions must be made to TfL. Exempt drivers must display the exemption notice and carry their exemption certificate with them in order for the exemption to be valid. 

A taxi or private hire vehicle is ‘designated’ as wheelchair-accessible for the purposes of section 165 of the Equality Act 2010 if it appears on a list maintained under section 167. All licensed London taxis are designated by default. The list of designated private hire vehicles is available on our website. 

 

Assistance Dogs 

Sections 168 and 170 of the Equality Act require taxis and private hire vehicles to carry all assistance dogs accompanying disabled people and to do so without any additional charge. 

note that: 

  1. Taxi and private hire vehicle drivers cannot refuse a passenger because they have an assistance dog; 
  2. Passengers cannot be charged more for a taxi or private hire journey because they have an assistance dog; 
  3. Assistance dogs must be seated with their owners at all times. 

Drivers who fail to comply with the Act are liable to prosecution and fines of up to £1,000. The driver's continued fitness to hold a licence may also be reviewed. 

There are different types of assistance dogs providing a wide range of support to older and disabled people. Further information on different types of assistance dogs can be found on the taxi and private hire pages of the TfL website. Taxi and private hire vehicle drivers should be aware that some passengers may have a health condition that is not obvious or visible but will still have an assistance dog. 

The only grounds on which drivers can be exempted from these duties are medical. Applications for exemptions must be made to TfL. Exempt drivers must display the exemption notice and carry their exemption certificate with them in order for the exemption to be valid. 

 

Equality Obligations 

• Drivers are legally required to carry disabled passengers where they have an assistance dog, or are a wheelchair user and to do so at no extra cost.