The Committee’s approval was sought to amend the Council’s Taxi and Private Hire Licensing Policy to reflect changes to the Equality Act 2010 made by The Taxis and Private Hire Vehicles (Disabled Persons) Act 2022.  Officers also asked the Committee to approve a consultation in respect of introducing mandatory training for drivers and operators in disability awareness.

Members were informed that The Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 conferred amended and additional duties on licensing authorities and all drivers in respect of disabled people.  The aim was to ensure disabled people could safely and comfortably access taxi and private hire services without being discriminated against.

The Council already maintained and published a list of vehicles that were accessible to wheelchair users, and had done so since 2017.  The Act made this a requirement and defined a designated vehicle as one which was capable of carrying some, but not necessarily all, types of occupied reference wheelchairs.  These being 700mm in width, 1200 mm in length and 1350mm in height.

Members noted that previously only drivers of vehicles on the designated list had to comply with the requirements of the Equality Act.  The amended Act placed this duty on all drivers and operators regardless of whether the vehicle was wheelchair accessible.  All drivers and operators had been advised of the new requirements in June 2022, which were also available on the Council’s website.

The Committee noted the updated requirements and some of the practical issues that might occur as a result.  For example the requirement to carry a wheelchair if the car was not wheelchair accessible.  It was hoped that the number of accessible vehicles would increase, there being only 6 out of 81 such vehicles in Runnymede.  However, Members appreciated that these vehicles were often more expensive in an already challenging trade. 

Members agreed that wheelchair users would be well advised to contact an Operator first to make sure they could be accommodated if their wheelchair was not classed as a reference wheelchair.

In terms of penalties, the Act created a new offence for private hire operators who failed or refused to accept a booking by or on behalf of a disabled person, if they gave the reason that it was because of their disability rather than a justifiable reason such as the driver being medically exempt from providing mobility assistance.  However, they were still bound by the other duties under the Act.  The fine for non-compliance was currently up to £1,000 and would also attract a review of their licence in terms of being fit and proper.

Officers proposed that because this was a significant change for drivers and operators, the Council should consider whether drivers should be trained in both disability awareness and practical matters such as manual handling.

The Committee was interested to learn what elements could be contained within disability training.  There were a number of providers and an approved procurement process for any future training packages would be followed.  There were costs attached to training, which following the consultation, would need to be determined and if appropriate a supplementary budgetary estimate requested of Corporate Management Committee.

Officers would conduct the Consultation from 4 October – 16 November 2022 and report the outcome in a follow up report, to include any financial implications and recommendations to the meeting of the Committee in January 2023.  It was agreed to include in the consultation contact with the Runnymede Access Liaison Group.

Subject to the outcome of the consultation with the trade and public, Runnymede’s licensing condition would need to be updated.

RESOLVED that –

i)         the changes to the Equality Act 2010 with respect to taxi and private hire car drivers and operators’ obligations to disabled persons, and the duty on the Council as licensing authority, to maintain and publish a designated list of wheelchair accessible vehicles, be noted;

ii)        the amendments to the Runnymede Hackney Carriage and Private Hire Licensing Policy as set out in Appendix ‘A’ be approved; and

iii)        Separate to ii) above, and in accordance with the provisions set out in the Council’s Constitution regarding consultation requirements (Annexes 3 and 4 of the Scheme of Delegation), Members approve a consultation with the public and the taxi trade regarding the introduction of mandatory disability training.