Section 165 — Equality Act 2010: Disabled passengers in wheelchairs: duties of drivers of designated vehicles

Disabled passengers in wheelchairs: duties of drivers of designated vehicles 165 1 This section imposes duties on the driver of a designated taxi or designated private hire vehicle 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. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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.

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;

b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . c if the passenger chooses to sit in a passenger seat, to carry the wheelchair;

ca if the passenger has with them any mobility aids, to carry the mobility aids;

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

5 For the purposes of this section “ mobility assistance ” means 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 or mobility aids 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 an offence under subsection (7) in relation to the duty mentioned in subsection (4)(a) or (c) 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. 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. 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .