Do you know the law in relation to assistance dogs?
Taxis and the door-to-door service they provide are an important mode of transport for people with disabilities. It is important that disabled people who use guide and other assistance dogs have confidence that they can hire a taxi, which will carry them and their dog at no extra charge.
Legal obligations
Since 2001, drivers of licensed taxis and private hire vehicles have a duty to carry any guide or other assistance dog travelling with a disabled person, at no additional cost.
In 2006, further duties were introduced to make it unlawful for taxi providers to refuse, or offer a lower standard of service to a disabled person, for a reason relating to their disability. For example, a taxi operator making a guide or other assistance dog owner wait longer for a vehicle than a passenger without a disability, because some drivers prefer not to carry an assistance dog.
The Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 amends the Equality Act 2010 to place duties on taxi and PHV drivers/operators. Any disabled person has specific rights and protections to be transported and receive assistance when using a taxi or PHV, without being charged extra. This requires drivers to provide reasonable adjustments for passengers with a disability. For more information on providing reasonable adjustments for customers with sight loss, please visit this link.
Breaches of these duties can be reported to local licensing authorities, who can take appropriate action.
Cultural beliefs
Cultural beliefs can raise sensitive issues relating to dogs. However, religious grounds cannot be used to exclude assistance dog owners. The Equality and Human Rights Commission successfully reached agreement on this with several religious groups. Assistance dogs are working animals, not pets. They are trained to provide independence and mobility to their owners. Assistance dog owners are trained to maintain a high grooming standard of their dog, with attention to cleanliness.
Exemptions
The only grounds for any driver to decline to carry an assistance dog is through the approved medical exemption process. Drivers cannot refuse to take a person travelling with their assistance dog, unless they have a valid medical exemption certificate from the appropriate licensing authority, to show that they are unable to carry an assistance dog for health reasons. An exemption notice must be displayed in the vehicle when it is being driven by the exempted driver.
Useful Resources
Please visit the following links for more information:
Supporting customers with sight loss
Sighted guide training
The law: carrying assistance dogs by taxi/PHV
EHRC guide to welcoming customers with assistance dogs
In the dynamic world of taxi and private hire services, staying informed and connected is crucial for success. Whether you're a seasoned driver, a company owner, or a regulatory authority, keeping abreast of industry developments and best practices is key. Here are some invaluable resources that provide insights, guidance, and support for professionals in the taxi and private hire trade:
PHTM - Private Hire Trade Monthly MagazineWebsite:
PHTM.co.ukPHTM is a leading publication dedicated to the taxi and private hire industry. Offering a comprehensive blend of news, analysis, and features, this magazine is a go-to source for staying updated on industry trends, regulatory changes, and business strategies. From in-depth interviews with industry leaders to practical tips for improving service quality, PHTM covers a wide range of topics relevant to professionals in the field.
IOL - Institute of LicensingDocument:
Guidance on Suitability (PDF)The Institute of Licensing (IOL) provides invaluable guidance on determining the suitability of applicants and licensees in the hackney carriage and private hire trades. This comprehensive document offers insights into the criteria and considerations involved in assessing individuals' fitness for operating in the industry. Covering areas such as background checks, character assessments, and legal requirements, the guidance serves as a valuable resource for licensing authorities and industry professionals alike.
UTAG - United Trade Action GroupWebsite:
UTAG.londonUTAG is a collective voice representing the interests of taxi and private hire drivers in London. Committed to advocating for fair regulations, transparency, and driver rights, UTAG plays a crucial role in shaping policy discussions and defending the interests of its members. Through its website, UTAG provides updates on advocacy efforts, legal proceedings, and industry developments, empowering drivers to stay informed and engaged in matters that affect their livelihoods.
By leveraging these resources, taxi and private hire professionals can enhance their knowledge, navigate regulatory challenges, and contribute to the continued growth and success of the industry. Whether it's staying informed through industry publications, accessing guidance on licensing procedures, or engaging in advocacy efforts through collective action groups, these resources play a vital role in fostering a thriving and resilient taxi and private hire ecosystem.
All licensed drivers are regulated and CRB checked (now known as DBS) by Southampton City Council, with the majority also holding NVQ and BTEC qualifications in transporting passengers by taxi or private hire's.
For your security, nearly all Southampton Hackney Carriages and private hire's have CCTV cameras installed. All vehicles are MOT checked every year (compliance test) to ensure they are roadworthy. If a vehicle is more than 2 years old it also has to have an additional roadworthy test.
Merry Christmas and A Happy New Year to All from SHPHA!
If you click onto this link, it will take you to the Department for Transports Taxi and Private Hire Vehicle Best Practice Guidance from the 17th November 2023.
https://www.gov.uk/government/consultations/taxi-and-private-hire-vehicle-best-practice-guidance/outcome/taxi-and-private-hire-vehicle-best-practice-guidance-government-response
What is interesting about the Government's response, is the subject of vehicle age limits.
Licensing authorities should not impose age limits for the licensing of vehicles but should consider more targeted requirements to meet its policy objectives on omissions.
We as a trade association are trying to get an extension on age limits for Southampton licensed vehicles.
We last provided an update in August as the Uber vs Sefton judgement came through. Armed with the new verdict, UTAG wrote to TfL with our grievances, once again pointing out that TfL has failed in its duty to protect the travelling public and its Licensees (legitimate Taxi drivers).
UTAG, with your ongoing support is intent on forcing TfL to regulate properly, otherwise, London will continue to be flooded with vehicles, stealing work, who have no right to work here.
It had also come to light that Data Cars have a ‘ghost office’ (an unmanned office) in Wolverhampton where drivers from all over the county, including London, are registering to circumvent the TfL topographical and English language tests. We believe that Data Cars are unfit to be a London Operator, as they are very deliberately undermining the regulatory regime.
This outrageous behaviour was brought to TfL’s attention yet again in August 2023. You will recall we first wrote to TfL in August 2019 on this matter and now in the absence of any reply we raised again with TfL on 17 October 2023. The letters are available below:
https://mcusercontent.com/9800046227164f726ef17bbca/files/355f6665-a14e-89f3-e656-a806dc7cde9e/Letter_to_TfL__triple_lock_breach__final.pdf
https://mcusercontent.com/9800046227164f726ef17bbca/files/03fa0669-ec0a-86e9-7474-3447b6f0ad6c/Letter_to_TfL__triple_lock_breach__17th_Oct_2023.pdf
If TfL fail to act yet again, then they continue to undermine the whole regulatory regime. UTAG believe it is impossible for TfL to maintain their position on public safety, whilst allowing their own Operators to make a mockery of the licensing regime.
Utag put TfL on Notice of our intention to bring Part 8 Proceedings if they don't act. Public safety is the primary consideration of any licensing authority; it is of paramount importance that TfL do not allow mini cab drivers held to extremely low operating standards to flood the streets of London.
We commend the Prime Minister Rishi Sunak on the government's decision to postpone the last date when new petrol or diesel cars can be manufactured.
The PM has confirmed the transition electric cars has been delayed by 5 years to ease the financial burden on Britons.
You can Read more here
Dear UTAG SupporterBefore we provide a comprehensive update, we’d like to start by thanking you for your donations and unwavering support.
In relation to legacy court cases, you are aware, UTAG has challenged TfL and others in a number of areas, in an effort to protect the industry, and regrettably, we have had to pay substantial costs as our recent challenges have been unsuccessful.
Whilst it is normal to pay ‘fair costs’, TfL have submitted the most outrageous costs bill, in relation to Bishopsgate, in what we believe is a deliberate effort to make UTAG insolvent. We are robustly challenging those costs (which are an unwanted distraction) whilst at the same time keeping the pressure on TfL for their failure to regulate. Our view is they prevaricate not regulate.
We apologise that we have not updated you sooner, however we were waiting for the judgment from Uber vs Sefton that we now have and this can be read in detail in the link below:
https://mcusercontent.com/9800046227164f726ef17bbca/files/21b1e563-f653-ebdf-e4ef-bcca7c260df2/Sefton_Judgement_outside_London_ewhc_kb_2023_1975_clean_copy.pdf
We’re certain that as a working driver, you, like us, have noticed the influx of mini cabs bearing Wolverhampton licensing plates and freely working in London. We can inform you that Data Cars, a Southeast London Operator, are openly encouraging drivers to circumvent TfL regulations and become licensed in Wolverhampton, which has an even lower barrier to entry than TfL.
Uber vs Sefton was primarily about “acceptance of the booking”, however, we believed that there would be references to the 1976 Miscellaneous Act vs 1998 Private Hire Act and we were not disappointed.
UTAG first raised the issue of cross border hiring's to TfL in a letter in August 2019, which remains unanswered. You can read our letter here:
https://mcusercontent.com/9800046227164f726ef17bbca/files/1b4a3799-1438-364d-79a2-a2ee02031c8f/2nd_UTAG_letter_to_TFL_27_August_2019_members_update.pdf
Without getting overly technical, UTAG explained that what Uber was doing (using out of area cars) was not legal due to the need to be hired in the ‘controlled district’. The Judge in Uber vs Sefton agreed with our analysis, an analysis that TfL ignored.
In fact, the Judge, very similar to Lord Leggart in our Part 8 Declaration victory went even further and explained who could do what and where. In short, Uber vs Sefton has given very clear case law that what is currently happening, is illegal.
The ‘triple lock’, (an Operator, car and driver licensed by the same authority) only applies to bookings in the licensed areas ‘controlled district’, where all three are licensed by a single authority. The triple lock has been manipulated by several Operators, none more so than Uber and Data Cars.
Armed with the new verdict, UTAG has written to TfL with our grievances, once again pointing out that TfL has failed in its duty to protect the travelling public and its Licensees (legitimate Taxi drivers). TfL must act not only to protect the aforementioned Licensees but to also protect their own licensing revenues, especially given their precarious financial position.
UTAG, with your support aims to force TfL to regulate properly, otherwise, London will be flooded with vehicles, stealing work, who have no right to work here. TfL are allowing this. Let that sink in, our own regulator and with your support, UTAG will challenge it as nobody else will.
In addition to the verdict, it has come to light that Data Cars have a ‘ghost office’ (an unmanned office) in Wolverhampton where drivers from all over the county, including London, are registering to circumvent higher barriers to entry such as the TfL topographical and English language tests. We believe that Data Cars are unfit to be a London Operator, as they are very deliberately undermining the regulatory regime.
This outrageous behaviour has been brought to TfL’s attention and we wait to see how robust TfL’s disciplinary action (if any) shall be. TfL have a real opportunity to send a message to the whole marketplace and UTAG intends to ensure that they do so.
If TfL fail to act, then they undermine the whole regulatory regime. UTAG believe that it would be impossible for TfL to maintain their position on public safety, whist allowing their own Operators to make a mockery of the licensing regime. Public safety is the primary consideration of any licensing authority; it is of paramount importance that TfL do not allow mini cab drivers held to extremely low operating standards to flood the streets of London.
Although it shouldn’t be necessary, with your continued support, UTAG can continue holding TfL the ‘world class regulator’ to account for their failures to regulate. Without your determination and generosity, none of this would be possible and we’d like to sign off by saying thank you.
Kind regards,
Angela Clarkson & Trevor Merralls
United Trade Action Group
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This court judgement refers to the Local Government Miscellaneous Provisions Act 1976, with regards to a contract between the operator's of private hire vehicles and passengers.
I am hoping that there will not be any VAT implications connected with this Uber case.
It would appear that private hire operator's need to accept there is a contractual responsibility when transporting their passengers.
Southampton City Council can confirm that the best and only taxi rank for the Southampton International Boat Show will be up by the main entrance and the West Quay Shopping Centre
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