Disabled passengers and wheelchair users: what private hire drivers must do

Section 164A of the Equality Act 2010 was added by the Taxis and Private Hire Vehicles (Disabled Persons) Act 2022 and took effect on 28 June 2022. It applies to the driver of any taxi or private hire vehicle hired by or for a disabled person, or by someone who wants to travel with a disabled person. The duties are:

• to carry the passenger
• if the passenger is in or has a wheelchair, to carry the wheelchair
• to carry any mobility aids the passenger has with them
• to take reasonable steps to make sure the passenger is carried in safety and reasonable comfort
• to give the passenger the mobility assistance they reasonably need, meaning help getting into or out of the vehicle and loading their luggage, wheelchair or mobility aids
• not to make, or propose to make, any additional charge for doing any of these things

Source: Equality Act 2010, section 164A (Disabled passengers: duties of drivers) (opens in a new tab) (legislation.gov.uk, Section 164A)[1]

Failing to comply is an offence with a fine of up to level 3 on the standard scale. The law also sets limits and gives some defences:

• Carrying the passenger, and carrying them safely: it is a defence that you could not reasonably have known the passenger was disabled.
• Carrying a wheelchair or mobility aids: it is a defence that they could not have been carried safely, or that carrying them would not otherwise have been reasonable.
• Mobility assistance: it is a defence that you could not reasonably have known the passenger needed that kind of help.
• You do not have to carry more than one wheelchair on a journey, unless the Secretary of State has prescribed your type of vehicle.
• The section does not make you carry someone you could otherwise lawfully refuse to carry.

Source: Equality Act 2010, section 164A (Disabled passengers: duties of drivers) (opens in a new tab) (legislation.gov.uk, Section 164A(8) to (13))[1]

Councils must keep and publish a list of taxis and private hire vehicles that meet their accessibility requirements for wheelchair users. These are known as designated vehicles. If you drive a designated vehicle and it is hired by or for a wheelchair user, section 165 applies instead of section 164A. Your duties are:

• to carry the passenger while in the wheelchair
• if the passenger chooses to sit in a passenger seat, to carry the wheelchair
• to carry any mobility aids
• to take such steps as are necessary to make sure the passenger is carried in safety and reasonable comfort
• to give reasonable mobility assistance, including helping the passenger in and out while they stay in the wheelchair if they wish
• not to charge extra for any of this

Sources: Equality Act 2010, section 167 (Lists of wheelchair-accessible vehicles) (opens in a new tab) (legislation.gov.uk, Section 167(1), (2) and (5))[2]; Equality Act 2010, section 165 (Disabled passengers in wheelchairs: duties of drivers of designated vehicles) (opens in a new tab) (legislation.gov.uk, Section 165)[3]; Equality Act 2010, section 164A (Disabled passengers: duties of drivers) (opens in a new tab) (legislation.gov.uk, Section 164A(3))[1]

Under section 166, a council must give a driver an exemption certificate from the mobility assistance duties in two cases. The first is where this is appropriate on medical grounds. The second is where the driver's physical condition makes it impossible or unreasonably difficult to comply. The exemption only applies while the certificate is in force and the prescribed notice of exemption is displayed on the vehicle in the prescribed way.

The certificate covers the duty to give mobility assistance. It does not remove the other duties, such as carrying the passenger and not charging extra.

Source: Equality Act 2010, section 166 (Disabled passengers: exemption certificates) (opens in a new tab) (legislation.gov.uk, Section 166(1) to (4))[4]

Assistance dogs are covered by separate sections of the Act. Our guide to assistance dogs in private hire vehicles explains those duties and the separate medical exemption.

Government guidance says drivers should be trained in disability awareness or have their knowledge and skills assessed. It lists topics including Equality Act duties, communicating with people with different needs, supporting wheelchair users safely, and identifying assistance dogs. Wolverhampton's test includes two key questions on disability awareness, so expect it in your council's test.

Sources: Taxi and private hire vehicle licensing: best practice guidance for licensing authorities in England (opens in a new tab) (Department for Transport, 6.3 Disability awareness)[5]; Taxi knowledge and practical test (opens in a new tab) (City of Wolverhampton Council, Private hire licence: training course)[6]