The Equality Act 2010 (Taxis and Private Hire Vehicles) (Passengers in Wheelchairs – Notices of Exemption) Regulations 2017

Statutory Instruments

2017 No. 342

Equality

The Equality Act 2010 (Taxis and Private Hire Vehicles) (Passengers in Wheelchairs – Notices of Exemption) Regulations 2017

Made

9th March 2017

Laid before Parliament

15th March 2017

Coming into force

6th April 2017

The Secretary of State for Transport makes the following Regulations in exercise of the powers conferred by sections 166(3)(b) and (4)(b) and 207(1) and (4) of the Equality Act 2010(1).

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Equality Act 2010 (Taxis and Private Hire Vehicles) (Passengers in Wheelchairs – Notices of Exemption) Regulations 2017 and come into force on 6th April 2017.

(2) In these Regulations “the Act” means the Equality Act 2010.

Notices of exemption

2.—(1) The prescribed(2) notice of exemption for the purposes of section 166(3)(b) and (4)(b) of the Act is—

(a) in the case of a driver of a designated taxi or a designated private hire vehicle(3) to whom an exemption certificate has been issued by a licensing authority in England or Scotland, the notice set out in Schedule 1; and

(b) in the case of a driver of a designated taxi or a designated private hire vehicle to whom an exemption certificate has been issued by a licensing authority in Wales, the notice set out in Schedule 2.

(2) Each notice of exemption must have the exterior dimensions of 10cm x 10cm.

(3) The prescribed manner of exhibiting a notice of exemption for the purposes of section 166(3)(b) and (4)(b) of the Act is—

(a) by displaying it—

(i) on the nearside of and immediately behind the windscreen of the vehicle; and

(ii) in a manner that readily permits its removal;

(b) so that—

(i) its front is clearly visible from the outside of the vehicle; and

(ii) its back is clearly visible from the driver’s seat of the vehicle.

Signed by authority of the Secretary of State

Andrew Jones

Parliamentary Under Secretary of State

Department for Transport

9th March 2017

Regulation 2(1)(a)

SCHEDULE 1 1. FORM OF FRONT OF NOTICE OF EXEMPTION IN ENGLAND AND SCOTLAND

2. FORM OF BACK OF NOTICE OF EXEMPTION IN ENGLAND AND SCOTLAND

Regulation 2(1)(b)

SCHEDULE 2 1. FORM OF FRONT OF NOTICE OF EXEMPTION IN WALES

2. FORM OF BACK OF NOTICE OF EXEMPTION IN WALES

EXPLANATORY NOTE

(This note is not part of the Regulations)

Section 165 of the Equality Act 2010 (“the Act”) imposes duties on the drivers of designated taxis and designated private hire vehicles in relation to the carrying of passengers in wheelchairs (a vehicle is “designated” if it appears on a list maintained by a licensing authority under section 167 of the Act). Section 166 of the Act provides that drivers may be exempted from the duties imposed by section 165 on medical grounds (or other grounds linked to the driver’s physical condition).

These Regulations prescribe the form and dimensions of the exemption notice which must be displayed by an exempted driver and the manner of its display in the vehicle.

An impact assessment has not been produced for this instrument because an impact assessment was prepared for the Equality Act in 2010 which can be found at https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/243610/9780108508721.pdf. Statutory guidance(4) can be found on the Gov.uk website. Hard copies will be made available upon request to the Department for Transport at Great Minster House at 33 Horseferry Road, London SW1P 4DR. An explanatory memorandum is available alongside the instrument at www.legislation.gov.uk

(1)

2010 c.15.

(2)

Section 212(1) of the Equality Act 2010 defines “prescribed” to mean prescribed by regulations.

(3)

Section 166(5) of that Act defines “designated” to mean a taxi or private hire vehicle which appears on a list maintained under section 167 of the Act.

(4)

The Secretary of State issues this guidance in exercise of the powers conferred by section 167(6) of the Equality Act 2010 and constitutes the Secretary of State’s formal guidance to licensing authorities as to the accessibility requirements which should be implemented for the purposes of that section.