TfL Ref: FOI-2156-1718
 
Thank you for your email received on 4 November regarding wheelchair accessibility in taxi and private hire vehicles. Please accept my apologies for the delay in responding.
 
Your request has been considered in accordance with the requirements of the Freedom of Information Act and our Information Access Policy. I can confirm that we hold the information you require. 
                                       
1) The statutory guidance states "The Government therefore recommends that a vehicle should only be included in the authority’s (S167) list if it would be possible for the user of a “reference wheelchair” to enter, leave and travel in the passenger compartment in safety and reasonable comfort whilst seated in their wheelchair." Is this the definition you have used for a taxi or PHV to be considered wheelchair accessible for the purposes of the list?
 
We have followed the Department for Transport’s recommendation and designated taxi and private hire vehicles under section 167 of the Equality Act (2010) where they are equipped to carry a passenger using a ‘reference wheelchair’ in the passenger compartment whilst seated in their wheelchair.
 
2) The guidance states: "We recommend that licensing authority rules for drivers are updated to make clear when a meter can and cannot be left running". Have you updated such rules to make this clear?
 
We have informed drivers of designated wheelchair accessible vehicles of their duties under the Equality Act (2010), including not to make any additional charges for carrying passengers in a wheelchair. Please see our website for further information:
 
www.tfl.gov.uk/info-for/taxis-and-private-hire/passengers-and-accessibility
 
http://content.tfl.gov.uk/equality-act.pdf
 
In accordance with section 21 of the FOI Act, we are not obliged to supply you with a copy of the requested information as it is already accessible to you elsewhere.
 
3) The guidance states: "Section 172 of the Act enables vehicle owners to appeal against the decision of a LA to include their vehicles on the designated list. That appeal should be made to the Magistrate’s Court, or in Scotland the sheriff, and must be made within 28 days of the vehicle in question being included on the LA’s published list." Please tell me how many such applications have been made to the Magistrates Court, and how many have been successful.
 
We have not received any appeals.
 
4) How many drivers has the authority prosecuted for discriminatory behaviour contrary to S165 of the Act? How many such prosecutions were successful? What were the sentences?
 
5) How many drivers licensed by yourselves have been prosecuted by other people or bodies for failure to comply with S165 of the Act? How many such prosecutions were successful? What were the sentences?
 
Since Section 165 of the Equality Act (2010) was enacted, in April 2017, we have launched 19 investigations. Of these, nine are being actively investigated, one of which has been referred to our legal team for prosecution. The remaining ten investigations have been closed due to insufficient evidence, the complainant not wanting to pursue their original compliant or the driver having been found not to have committed an offence.
 
We are not aware of any London licensed driver who has been prosecuted by a third party for not carrying out their duties under this section of the Act. 
 
Between February 2015 and May 2017, we have successfully prosecuted 21 private hire drivers for refusing assistance dogs, using Equality Act (2010) legislation. This has resulted in fines totalling £7,055 plus costs.
 
6) Where drivers have been prosecuted under S165 of the Act, thus affecting their standing as a "fit and proper person", what resultant disciplinary action have you taken in respect of their taxi or private hire vehicle drivers' licenses?
 
We have not prosecuted any drivers under Section 165 of the Act. Non-compliant drivers are liable to prosecution and fines of up to £1,000. We would also review a driver's continued fitness to hold a licence.
 
7) The Guidance states; "the Act allows LAs to grant exemptions from the duties to individual drivers. These provisions are contained in section 166, and were commenced on 1st October 2010."
 
How many exemptions have you granted under S166 of the Equality Act 2010?
 
Since your previous FOI request received on 19 April 2017, reference: FOI-0136-1718, we have granted ten driver exemptions under Section 166 of the Equality Act (2010).
 
8) The guidance states: "We understand that some licensing authorities have already put in place procedures for accessing and exempting drivers, and as an absolute minimum, we think that the evidence provided should be in the form of a letter or report from a general practitioner."
 
Do you accept or require a letter or report from a GP to process applications for driver exemption under S166?
 
Each applicant for a exemption is required to provide medical evidence to demonstrate the need for that exemption. I have attached our ‘Assisting Wheelchair Users – Exemption Application Form’ which contains further details.
 
9) The guidance states: "The Government’s view is that decisions on exemptions will be fairer and more objective if medical assessments are undertaken by professionals who have been specifically trained and who are independent of the applicant. We would recommend that independent medical assessors are used where a long-term exemption is to be issued, and that LAs use assessors who hold appropriate professional qualifications and who are not open to bias because of a personal or commercial connection to the applicant"
 
Have you appointed independent medical assessors to determine applications for medical exemption under S166?
 
Each case is taken on its individual merits. If there is something that requires further clarity it will be referred to our Occupational Health team. They may ask the applicant to undergo an individual, independent driving assessment.
 
10) Please provide a copy of your application form for driver exemption under S166.
 
Please find a copy of the form attached.
 
11) The guidance states: "Section 172 of the Act enables drivers to appeal against the decision of a LA not to issue an exemption certificate. That appeal
should be made to the Magistrate’s Court, or a sheriff in Scotland, and must be made within 28 days beginning with the date of the refusal." How many appeals against refusal to issue S166 exemptions have been heard?
 
12) How many appeals against refusal to issue S166 exemptions were successful?
 
We have not received any appeals following a decision not to grant an exemption under Section 166 of the Equality Act (2010).
 
13) The guidance states: "We would therefore recommend that LAs also publish a list of vehicles that are accessible to passengers in wheelchairs who are able to transfer from their wheelchair into a seat within the vehicle. It should be made clear however that this list of vehicles has not been published for the purposes of section 165 of the Act and drivers of those vehicles are therefore not subject to the legal duties to provide assistance."
 
Do you currently publish a list of vehicles that are accessible to passengers in wheelchairs who are able to transfer from their wheelchairs into a seat within the vehicle?
 
We have not published a list of this nature. All of London's taxis are wheelchair accessible and provide a wide range of other accessibility features to support passengers with disabilities.
 
Private hire vehicles must be pre-booked in advance with a private hire operator and passengers can request a suitable vehicle prior to making a booking.
 
Please see the attached information sheet for details of your right to appeal as well as information on copyright and what to do if you would like to re-use any of the information we have disclosed.
 
If this is not the information you are looking for, or if you are unable to access it for some reason, please do not hesitate to contact me.
 
Yours sincerely
 
 
Jasmine Howard
FOI Case Officer
Information Governance
Transport For London

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