Agenda item

Report CSL131 from the Cabinet Member for Environment.

(Enclosure)

The Cabinet Member for Environment submitted report CSL131 which concerned provisions that had been amended within the Equality Act 2010 in respect of wheelchair accessibility in hackney carriages and private hire vehicles.    The provisions allowed a licensing authority to create a list of “designated vehicles” which were capable of carrying passengers in wheelchairs and required drivers of those vehicles to provide mobility assistance. Currently the Council had six vehicles which would be “designated vehicles” if the Council was to adopt the provisions of the Act.    Section 172 of the Act enabled vehicle owners to appeal to the Magistrates Court against the decision of a local authority to include their vehicles on a “designated vehicles” list.  The Cabinet Member stressed that the adoption of the provisions of the Act was a discretionary power not a statutory requirement, although guidance issued by the Department for Transport recommended strongly that licensing authorities do maintain such a list.  The report was put before the Licensing Committee who had welcomed the proposal.  The list was for adapted vehicles that accepted the person and wheelchair together either by a ramp or hydraulic lift.   It was aimed at the severely disabled who could not get out of their wheelchairs.  A key point was that drivers could not charge more for their services and therefore the customers could not be discriminated against.  The recommendation contained within the report was put forward for Committee approval.

Members discussed the proposal before them and commented on the relatively small number of vehicles.  It was stressed that this was market lead and was sufficient for the area.  If the demand increased than the market would adapt accordingly.  The location of the vehicles was also commented on and it was confirmed that the vehicles were located in Grantham and Stamford.  A question was asked about incentives to have an adapted vehicle and it was confirmed that the drivers did receive a 20% discount for the application fee.  The designated list would be made available on the Council’s website.  A question was asked about vehicle testing and it was confirmed that all licensed vehicles went through a six month test.  Vehicles which failed to comply were subject to the Council’s penalty point system which, if a certain amount of points were issued within a twelve month period they were referred to the Licensing Committee.  The Cabinet Member stated that the Licensing Committee were very supportive of the proposal.   It was stressed that the designated list was in respect of all types of wheelchairs not mobility scooters.   A query was made about the wording of the recommendation and it was agreed that the word whether did not need to be included.  Following which it was proposed, seconded and agreed that the Environment Overview and Scrutiny Committee recommend to Cabinet the implementation of the provisions of section 165, 166 and 167 of the Equality Act 2010 and that the draft policy as set out at Appendix E to report CSL131 is adopted and included in the Hackney Carriage and Private Hire Licensing Policy.

Recommendation:

The Environment Overview and Scrutiny Committee recommend to Cabinet the implementation of the provisions of section 165, 166 and 167 of the Equality Act 2010 and that the draft policy as set out at Appendix E to report CSL131 is adopted and included in the Hackney Carriage and Private Hire Licensing Policy.