Equality Act 2010, section 165

Disabled passengers in wheelchairs: duties of drivers of designated vehicles

Part 12 Disabled persons: transport

(1)This section imposes duties on the driver of a designated taxi[F198 or designated private hire vehicleF198] which has been hired—

(a)by or for a disabled person who is in a wheelchair, or

(b)by another person who wishes to be accompanied by a disabled person who is in a wheelchair.

F199(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F200 (2A)This section also imposes duties on the driver of a designated taxi or designated private hire vehicle if—

(a)the vehicle is being used to provide a local service (within the meaning of section 2 of the Transport Act 1985), and

(b)a person within subsection (1)(a) or (b) has indicated to the driver that the person wishes to travel on the service.F200]

(3)For the purposes of this section—

(a) a taxi or private hire vehicle is “designated” if it appears on a list maintained under section 167;

(b) “the passenger” means the disabled person concerned.

(4)The duties are—

(a)to carry the passenger while in the wheelchair;

F201(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)if the passenger chooses to sit in a passenger seat, to carry the wheelchair;

[F202 (ca)if the passenger has with them any mobility aids, to carry the mobility aids;F202]

(d)to take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort;

(e)to give the passenger such mobility assistance as is reasonably required.

[F203 (f)not to make, or propose to make, any additional charge for complying with a duty mentioned in paragraphs (a) to (e).F203]

[F204 (4A) For the purposes of this section “mobility aids” means any item the passenger uses to assist with their mobility but does not include—

(a)a wheelchair, or

(b)an assistance dog (sections 168 and 170 make provision about the carrying of assistance dogs).F204]

(5) [F205 For the purposes of this section “mobility assistance” means F205] assistance—

(a)to enable the passenger to get into or out of the vehicle;

(b)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;

(c)to load the passenger's luggage [F206or mobility aidsF206] into or out of the vehicle;

(d)if the passenger does not wish to remain in the wheelchair, to load the wheelchair into or out of the vehicle.

(6)This section does not require the driver—

(a)unless the vehicle is of a description prescribed by the Secretary of State, to carry more than one person in a wheelchair, or more than one wheelchair, on any one journey;

(b)to carry a person in circumstances in which it would otherwise be lawful for the driver to refuse to carry the person.

(7)A driver of a designated taxi or designated private hire vehicle commits an offence by failing to comply with a duty imposed on the driver by this section.

(8)A person guilty of an offence under subsection (7) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(9)It is a defence for a person charged with [F207an offence under subsection (7) in relation to the duty mentioned in subsection (4)(a) or (c)F207] to show that at the time of the alleged offence—

(a)the vehicle conformed to the accessibility requirements which applied to it, but

(b)it would not have been possible for the wheelchair to be carried safely in the vehicle.

[F208 (9A)It is a defence for a person charged with an offence under subsection (7) in relation to the duty mentioned in subsection (4)(ca) to show that at the time of the alleged offence—

(a)it would not have been possible for the mobility aids to be carried safely in the vehicle, or

(b)it would not otherwise have been reasonable in all the circumstances for the mobility aids to be carried in the vehicle.F208]

F209(10). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Definitions used in section 165 5

taxi

“taxi”—

(a)

means a vehicle which is licensed under section 37 of the Town Police Clauses Act 1847 or section 6 of the Metropolitan Public Carriage Act 1869, and

(b)

in sections 162 and 164A to 167, also includes a taxi licensed under section 10 of the Civic Government (Scotland) Act 1982,

but does not include a vehicle drawn by a horse or other animal;

Defined in s.173(1) · see it in the full Act
private hire vehicle

“private hire vehicle”—

(a)

means a vehicle licensed under—

(i)

section 48 of the Local Government (Miscellaneous Provisions) Act 1976,

(ii)

section 7 of the Private Hire Vehicles (London) Act 1998, or

(iii)

a provision of a local enactment equivalent to the provision mentioned in sub-paragraph (i) or (ii); and

(b)

in sections 164A to 167A, also includes a private hire car licensed under section 10 of the Civic Government (Scotland) Act 1982;

Defined in s.173(1) · see it in the full Act
assistance dog

“assistance dog” means—

(a)

a dog which has been trained to guide a blind person;

(b)

a dog which has been trained to assist a deaf person;

(c)

a dog which has been trained by a prescribed charity to assist a disabled person who has a disability that consists of epilepsy or otherwise affects the person's mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects;

(d)

a dog of a prescribed category which has been trained to assist a disabled person who has a disability (other than one falling within paragraph (c)) of a prescribed kind;

Defined in s.173(1) · see it in the full Act

(2) A power to make regulations under paragraph (c) or (d) of the definition of “assistance dog” in subsection (1) is exercisable by the Secretary of State.

Defined in s.173(2) · see it in the full Act
prescribed

“prescribed” means prescribed by regulations;

Defined in s.212(1) · see it in the full Act
accessibility requirements

“accessibility requirements” has the meaning given in section 167(5);

Defined in s.173(1) · see it in the full Act

Cases considering section 165 3

Independent Workers Union of Great Britain v The Mayor of London

[2020] EWCA Civ 1046 · 5 August 2020

Confirms the statutory importance of wheelchair-accessible transport by requiring designated vehicles to carry wheelchair users safely and comfortably, without extra charge, and to provide reasonable mobility assistance. This supported preserving the availability of such vehicles (see para [53]).

Wokingham Borough Council v Muhammad Sohaib Arshad

[2022] EWHC 2419 (KB) · 29 September 2022Limits

The court considered the statutory provision in the context of an asserted statutory-duty claim concerning wheelchair-accessible vehicles, but found no arguable basis for treating the licensing duties as compensatable in damages (see paras [98]-[100]).

McNutt v Transport for London

[2019] EWHC 365 (Admin) · 21 February 2019Interprets

Defines one circumstance in which the statutory duties apply: the taxi is hired by or for a disabled person in a wheelchair. The provision forms part of the statutory context for the prohibition on additional charges (see paras [1]; [2]). Identifies the alternative hiring circumstance in which the duties apply, where another person wishes to be accompanied by a wheelchair user (see para [2]). Extends the duties to a designated private hire vehicle where the relevant person indicates a wish to travel in it (see para [2]). Defines a designated taxi or private hire vehicle by reference to the list maintained under section 167 (see paras [2]; [3]). Sets out the duties imposed on the driver, including carrying the passenger safely and providing reasonable mobility assistance. The judgment uses the provision as part of the protective statutory context (see paras [2]; [34]). The judgment refers to the duty to carry the wheelchair user when explaining that an inflated fare estimate could undermine the statutory protection (see para [51]). Prohibits imposing an additional financial liability or commitment on a wheelchair user. A charge is made no later than when a taximeter is switched on before the passenger and wheelchair are loaded, and an inflated fare indication may be a contingent charge (see paras [31]; [42]; [44]; [53]-[54]). Defines mobility assistance, including assistance with entering, leaving and loading luggage or a wheelchair. The provision helps identify the duties performed before a journey which must not generate an additional charge (see para [2]). Creates the offence of failing to comply with a duty under section 165. The appellant’s conviction was upheld because switching on the meter before loading breached section 165(4)(b) (see paras [1]; [48]). Sets the maximum summary-conviction fine for the offence. It is reproduced but not materially interpreted (see para [2]).

What each judgment says about section 165 is in the case-law panel in the full Act.

Explanatory note

536.This section places duties on drivers of designated taxis and private hire vehicles to carry a disabled passenger while in a wheelchair; to not make an additional charge; if the passenger chooses to sit in a passenger seat, to carry the passenger’s wheelchair; to carry the passenger in safety and in reasonable comfort; and to provide reasonable assistance to enable the passenger to use the taxi. A taxi or private hire vehicle is designated if it appears on a list maintained by the local licensing authority under section 167.

537.A driver of a designated taxi or private hire vehicle who refuses to carry a wheelchair user commits an offence punishable by a fine of (currently) up to £1,000.

538.This section has its basis in section 36 (as amended by the Local Transport Act 2008) of the Disability Discrimination Act 1995. The previous legislation applied the provisions of this section to regulated taxis. The provisions in this section now apply just to the drivers of designated, rather than regulated, taxis and private hire vehicles. Further explanation of provisions regarding the designation of wheelchair accessible vehicles is provided in the notes on section 167.

All the explanatory notes for the Act

Amendments and notes

15 notes from legislation.gov.uk

Amendments

  1. F197S. 165 heading substituted (28.6.2022) by Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 (c. 29), ss. 1(3)(a), 6(2)
  2. F198Words in s. 165(1) inserted (28.6.2022) by Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 (c. 29), ss. 1(3)(b), 6(2)
  3. F199S. 165(2) omitted (28.6.2022) by virtue of Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 (c. 29), ss. 1(3)(c), 6(2)
  4. F200S. 165(2A) inserted (28.6.2022) by Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 (c. 29), ss. 1(3)(d), 6(2)
  5. F201S. 165(4)(b) omitted (28.6.2022) by virtue of Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 (c. 29), ss. 1(3)(e)(i), 6(2)
  6. F202S. 165(4)(ca) inserted (28.6.2022) by Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 (c. 29), ss. 1(3)(e)(ii), 6(2)
  7. F203S. 165(4)(f) inserted (28.6.2022) by Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 (c. 29), ss. 1(3)(e)(iii), 6(2)
  8. F204S. 165(4A) inserted (28.6.2022) by Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 (c. 29), ss. 1(3)(f), 6(2)
  9. F205Words in s. 165(5) substituted (28.6.2022) by Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 (c. 29), ss. 1(3)(g)(i), 6(2)
  10. F206Words in s. 165(5)(c) inserted (28.6.2022) by Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 (c. 29), ss. 1(3)(g)(ii), 6(2)
  11. F207Words in s. 165(9) substituted (28.6.2022) by Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 (c. 29), ss. 1(3)(h), 6(2)
  12. F208S. 165(9A) inserted (28.6.2022) by Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 (c. 29), ss. 1(3)(i), 6(2)
  13. F209S. 165(10) omitted (28.6.2022) by virtue of Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 (c. 29), ss. 1(3)(j), 6(2)

Commencement

  1. I65S. 165 partly in force; s. 165 not in force at Royal Assent see s. 216; s. 165 in force for certain purposes at 1.10.2010 by S.I. 2010/2317, art. 2(1)(12)(b) (with art. 15)
  2. I66S. 165 in force at 6.4.2017 in so far as not already in force by S.I. 2017/107, art. 2(a)