The Private Hire Car Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations place a duty on private hire car drivers, through the imposition of a condition in a private hire car driver’s licence, to carry a disabled passenger’s guide dog, hearing dog or assistance dog. The Regulations provide that the private hire car driver must allow the dog to remain with the disabled person and not make any additional charge for carrying the dog.

An assistance dog is a dog which is trained by a charity to assist a disabled person with a physical impairment for the purposes of section 1 of the Disability Discrimination Act 1995 which consists of epilepsy or which otherwise affects the mobility, manual dexterity, physical co-ordination of that person or the ability of that person to lift, carry or otherwise move every day objects and which at the time the disabled person hires the private hire car is wearing a jacket inscribed with the name of the charity.

The Regulations further provide that a private hire car driver may be exempted from the obligation to carry a disabled passenger’s guide dog, hearing dog or assistance dog on medical grounds. They prescribe the form of the exemption notice which must, in those circumstances, be displayed and the manner of its display in the private hire car. They also provide for the giving of reasons for, and appeals against, decisions of licensing authorities on applications for exemption.

A regulatory impact assessment has been prepared and copies can be obtained from the Scottish Executive Finance and Central Services Department, Local Government Constitution and Governance Division, Area 3-H, Victoria Quay, Edinburgh EH6 6QQ.