Policy Response

Capability Scotland

15th March 2013

Capability Scotland campaigns with, and provides education, employment and care services, for disabled people across Scotland.

Capability Scotland Response to the Taxi and Private Car Licensing – Proposal for Change

Summary

· Capability Scotland welcomes the Scottish Government’s commitment to developing a taxi service which is “safe, reliable accessible and available to people when and where it is required at a reasonable cost”. Given the numerous barriers that disabled people face to accessing affordable and reliable taxis, it is essential that the Scottish Government and local authorities fulfil their duty under the Equality Act 2010 and take positive steps to ensure that the needs of disabled people are met.

· Our engagement with a wide range of disabled people suggests that there is a need for positive action at national and local level. We have consulted with our service users and other disabled stakeholders and major problems identified include a lack of accessible taxis (both wheelchair accessible and accessible to non-wheelchair users), disparity in supply form one local authority area to the next and the negative attitudes of some drivers towards disabled people.

· Another major issue identified is the misuse of the medical exemption scheme. Many disabled people – particularly wheelchair users and those with a visual impairment - feel that drivers take advantage of the scheme and use it as an excuse not to assist disabled passengers.

Our Response

Question 1. Should local authorities have the power to restrict the number of private hire cars? What issues would arise from allowing local authorities to restrict the number of private hire cars and how could these be resolved?

Capability Scotland believes that local authorities should only have the power to restrict the number of private hire cars when it can be shown that the existing fleet is sufficient to meet the needs of the local population. This is a legal requirement – where, for instance, there are no wheelchair accessible cars in a given area, to prevent new vehicles becoming licensed could well constitute indirect disability discrimination under the Equality Act 2010.

Research conducted by Capability Scotland in 2012 found that 43% of local authorities do not place accessibility requirements on vehicles. In practice this means that eleven local authorities do not have any requirements for taxis to be accessible[1]. This is particularly worrying given that our engagement with disabled people consistently shows that there is a major shortage of accessible vehicles.

3. All local authorities should consult with disabled people in their area to identify gaps in taxi and private provision. This information can then be used to determine whether there is a need to restrict the number of private hire cars or set a target for the proportion of new vehicles which must be accessible.

4. Local authorities should also consult with disabled people when deciding what sort of vehicles they choose to license. In particular they should avoid being overly restrictive in their view of what is and what is not an accessible vehicle. A High Court case in 2009 found that the constraints put on vehicles that could be licensed by Liverpool City Council were unlawful under the Equality Act. This was because the Council would only license one style of wheelchair accessible car, despite the fact it was not accessible to all wheelchair users. The High Court found that the decision was flawed and discriminatory, which demonstrates the legal need to take user requirements into account when issuing licenses.

Licensing rules should also take into account the need for non-wheelchair accessible taxis to meet the needs of ambulant disabled people. People with impairments and conditions affecting their mobility report having difficulty entering wheelchair accessible taxis because of the high step into the body of the vehicle and the distance to cross between the door and the seat.

Question 3. Is it necessary to specifically allow local authorities to require training of private hire drivers? What training might this include?

The majority of wheelchair users we spoke to said they felt that all drivers should receive training on assisting disabled passengers in and out of their taxis. Many felt this was particularly vital for the drivers of wheelchair accessible taxis who had to use ramps and be able to strap the chair in safely. Many of the people we spoke to had had negative experiences with taxi drivers who did not appear to know what they were doing. One person told us “There are two different types of ramp. One is shorter and is for use when you’re disembarking onto a pavement. The other is longer and is meant for when you’re disembarking onto the road. On numerous occasions taxi drivers have used the wrong one and have expected me to roll my chair down at an angle that is far too steep and I feel really unsafe. They tell me they don’t know what I’m talking about and that they’ve never had to use a longer ramp before. I don’t care, I think. I’m not going down that.”

Many wheelchair users have also complained that drivers appear to have extremely negative attitudes towards disabled people. One driver shouted “bloody cripple” at a young woman who asked him to take her right to the door of a busy shopping centre so as to be close to the Shopmobility centre. Another woman with communication support needs reported being ignored and laughed at by a taxi driver when she was trying to tell him he had strapped her wheelchair in wrongly. These experiences point to a need for disability equality training for all taxi drivers.

Question 18. Is there sufficient access for disabled people to taxi and private hire car services? What would make it easier for everyone to access taxis or private hire cars?

Our engagement with disabled people suggests that there is a lack of accessible taxis and private hire vehicles across Scotland. Provision appears to vary greatly across the country, with particular shortages in rural areas. While some local authority areas, such as Glasgow, insist that all hackney taxis are wheelchair accessible, other areas appear to have very few accessible vehicles.

Availability of what limited accessible taxis there are is further affected by the unwillingness of drivers to pick up disabled passengers. Many disabled people, particularly wheelchair users, complain that taxi drivers refuse to pick them up because they say they have a medical exemption which excuses them for providing assistance and/or carrying assistance dogs. Some drivers do of course genuinely have medical exemptions but many disabled people we spoke to told us of that they were suspicious that in many cases drivers are being disingenuous.

One wheelchair user told us that at Haymarket Station two taxi drivers in a row claimed to have a medical exemption - but both refused to show any proof of this or to make a note of their license number. This individual complained that even those drivers who do have a medical exemption keep their proof of it hidden in their wallet or glove compartment. One told us “It should be big and bright and in their back window or something, and it should be the same wherever you go in Scotland. It’s too easy for drivers to lie about it. We should be able to see proof.”

11. This is also a serious problem for visually impaired people. One woman told us “It’s happened a few times, I order a taxi and I tell them about the dog. The taxi arrives, the driver says he’s got an exemption and drives off. How am I supposed to check whether that’s true? I don’t even know who he is!”

Capability Scotland carried out research into medical exemptions for taxi drivers in 2012 and discovered a disparity from one local authority to the next in relation to medical exemption schemes. In Perth for instance, no medical exemptions have been issued, while in Edinburgh there are currently 336 drivers who have either temporary or permanent exemptions.
The supply of accessible taxis is also limited by the fact that many taxi companies have contracts with the local NHS board or local education authority. In some cases, these contracts appear to have priority over the needs of the general public and disabled people feel they cannot access taxis which meet their needs. One man told us “In Glasgow many of the accessible private hire vehicles are contracted to the NHS so unless you phone a black cab there’s no guarantee it will be accessible. Hackneys are just so much more expensive”.

Question 19. What measures or support could be implemented that would increase the availability of wheelchair accessible taxi and private hire vehicles, particularly outside of Scotland’s cities?

We feel the following measures would increase the availability of accessible taxis:

· Involving disabled people and the wider population in identifying gaps in provision of taxis and private hire cars and placing a duty on local authorities to take steps to address this.

· Ensuing that licensed vehicles meet the needs of all individuals, not just those using a particular type of wheelchair or with particular impairment.

· Ensuring that all taxi drivers are trained in disability equality and the techniques they should use to assist disabled passengers.

· The development of a national medical exemption scheme and duty on drivers to carry and display proof of their medical exemption.

Question 20. Do you believe the Equality Act has had an effect on the provision of wheelchair accessible taxi and private hire vehicles?

Despite positive legislative changes in relation to taxis, disabled people continue to report to us that gaps in provision, cost, and poor passenger experience impact on their use of taxis and private hire vehicles. There is a general consensus that there is now a better choice of taxis than there was in the past. Several people noted that supply has shifted away from TX1 taxis to European style of vehicle, which is often more accessible. There was, however, uncertainty about whether there this was as a result of the Equality Act 2010 or the natural modernisation of the fleet over time.

About Us

Capability Scotland campaigns with, and provides education, employment and care services for disabled people across Scotland. The organisation aims to be a major ally in supporting disabled people to achieve full equality and to have choice and control of their lives by 2020. More information about Capability Scotland can be found at www.capability-scotland.org.uk.

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Hanna McCulloch, Senior Policy Advisor

Capability Scotland

11 Ellersly Road

Edinburgh
EH12 6HY

0131 347 1025 / 0141 429 0294

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[1] http://www.capability-scotland.org.uk/media/201894/equality_act___taxis_final211112.pdf