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If you are a taxi or private hire vehicle driver, there are some changes in the law which came into effect in October 2010 that might affect you. The Equality Act, which was passed in 2010, included some provisions relating specifically to taxis and private hire vehicles (PHVs) and disability.

Certain parts of the Act do not become law until the Government makes commencement orders to bring each part of it into force. The Government brought into force several parts of the Act in October 2010, including some, but not all, of the provisions that are specific to taxis and PHV s. Other provisions will come into force later – but not before April 2011.

Duties on drivers to assist passengers in wheelchairs.

The Equality Act is due to place duties on the drivers of designated wheelchair accessible taxis and PHV s to provide physical assistance to passengers in wheelchairs. A further announcement will be made on when the duties will come into force, but it will not be before April 2011.

The duties will apply to the driver of any wheelchair accessible taxi or PHV which is on the licensing authority’s provisional list of 'designated wheelchair accessible vehicles'>>

IMPORTANT: If you are the driver of a wheelchair accessible taxi or PHV, it is advised that you find out what the duties are (see below) as Havant Borough Council does maintain a list of designated vehicles and therefore the duties do apply to you.

Before the duties are brought into force, any drivers who suffer from a disability or a condition which would make it difficult for them to provide physical assistance can apply for an exemption from the duties to offer assistance. This would be issued by Havant Borough Council on production of a suitable letter from your consultant/specialist.

The opportunity to apply for exemptions started on 1st October 2010.

What do I need to do as a driver of a wheelchair accessible taxi or PHV?

The first thing you need to do is establish whether your vehicle is on the list of designated vehicles held by Havant Borough Council . If your wheelchair accessible vehicle is to be included on the list, you will be required to carry out the duties to assist wheelchair users. Provisional list of 'designated wheelchair accessible vehicles'>>

What are the day to day duties of a driver of a wheelchair accessible taxi or PHV?

The duties being placed on the drivers of designated wheelchair accessible vehicles are:

to carry the passenger while in a wheelchair
not to make any additional charge for doing so
if the passenger chooses to sit in a passenger seat, to carry the wheelchair
to take such steps as are necessary to ensure that the passenger is carried in safety and reasonable comfort; and
to give the passenger such mobility assistance as is reasonably required.

What does mobility assistance mean?

Mobility assistance essentially means helping passengers who use wheelchairs by providing physical assistance.

If the passenger wishes to remain in the wheelchair, the driver must help the passenger to get into and out of the vehicle.

If the passenger wants to transfer to a seat, the driver must help him or her to get out of the wheelchair and into a seat and back into the wheelchair; the driver must also load the wheelchair into the vehicle.

The driver must also offer to load the passenger’s luggage into and out of the vehicle.

What if I have a back condition which makes it impossible for me to help a passenger in a wheelchair get into a vehicle?

The new Act allows for exemptions from the duties on medical grounds or if the driver’s physical condition makes it impossible or unreasonably difficult for him or her to comply with those duties.

It is the responsibility of drivers who require an exemption to apply for one from their licensing authority before the duties come into force; they will have at least six months to go through this process.

Who decides if a driver is exempt?

The local licensing authority decides if a driver should be exempt from the duties.

What if the licensing authority says that I am ok to carry out the duties and I disagree?

The legislation allows a driver to appeal to the magistrates’ court within 28 days if the licensing authority decides not to issue an exemption certificate.

How will passengers know that I am exempt from the duties to assist passengers?

The Department will be printing and issuing to licensing authorities special Exemption Notices which exempted drivers must display on their vehicles in order that passengers will know that the driver is exempt from duties.

When will the duties come into force?

A further announcement will be made about when the actual duties to assist will come into force, but it will not be before April 2011.

Drivers with a medical condition that prevents them from carrying out the duties will be able to apply to their licensing authority for an exemption from October 2010, before the duties come into force.

Guide Dogs

On the 1^st of October the duties placed on taxi and PHV drivers and on PHV operators to carry guide dogs and other assistance dogs transferred from the Disability Discrimination Act 1995 to the Equality Act 2010. Any person who is currently exempt from the duty to carry an assistance dog on medical grounds will continue to be exempt. The change was a technical one; the duties to carry guide dogs and other assistance dogs did not change.

If you have an exemption certificate issued under the Disability Discrimination Act 1995 then you do not have to get a new certificate; the certificate which you have been granted remains valid until its expiry date.

If you have a special notice in your vehicle which states you are exempt from carrying guide dogs and mentions the Disability Discrimination Act 1995 you do not have to get a new exemption notice; the notice which was provided by the licensing authority remains valid until its expiry date.

I have to be a 'fit and proper person' to be licensed, what does that mean?

Lord Bingham said it means that you must be a safe driver with a good driving record and adequate experience, sober, mentally and physically fit, honest and not a person who would take advantage of their employment to abuse or assault passengers. It has also been put another way; that you are a person that a parent would entrust their child to be alone with in a car.

What do I need to provide when applying for a licence?

A CRB check, a medical report, a full driving licence (held for at least 12 months), date of knowledge test, 2 passport sized photos, a completed IDS mandate and a completed application form (which requests the names and addresses of 2 references). Full details are provided in an application pack obtainable from the Licensing Department, in person or by post.

Any applicant unable to provide a full 5 year address history in the UK must provide a Certificate of Good Conduct from their Embassy or Home Country Police and a Home Country Traffic Police Record, with English translation where necessary, to complete a total 5 year history.

Why do I have to have a CRB check every 3 years at extra cost?

HBC is required to ensure that licence holders are 'fit and proper' to hold licences. Part of that procedure is an initial and then periodic checks for any criminal record held or acquired over the time you are licensed. The only organisation permitted to do this is the CRB who set their own fee. The Council has no control over this matter.

May I use my CRB check and medical obtained elswhere?

You may be able to if they have been obtained in the last 12 months. The Licensing Officers will be able to give more specific advise as cases can vary.

Why am I required to complete an IDS mandate?

Under Health and Safety and Duty of Care requirements, local authorities are obliged to check that all hackney carriage and private hire drivers are correctly licensed to drive. HBC have outsourced the process to IDS in order to minimise the opportunity for data fraud. IDS will request your current endorsement and licence category information from the DVLA. HBC considers this check helpful in establishing whether a driver is a 'fit and proper person'. A full set of IDS frequently asked questions are supplied in the initial driver application pack.

About the Knowledge test

There is a popular misconception that the ‘knowledge’ is difficult. That is far

from the truth. However, the test is not easy and it is intended to convince us that you have a good idea of where you are going. With a little bit of effort on your part you will pass it without too much trouble.

The public have a right to expect that, when they get into either a taxi or

private hire vehicle, the driver will know how to get to the destination. After all,

they are paying for that level of service.

The fee for the knowledge test is £30. Should the applicant fail the test at any stage, this fee is non-refundable. The fee for re-tests is charged at £20 for each subsequent attempt. These are also non-refundable.

When attending to take the knowledge test, applicants should bring their driving licence both parts and the £30.00 fee.

The test consists of two parts. A written knowledge test and a driving assessment by the Driving Standards Agency (DSA).

The written test concentrates on knowledge of roads within the borough, places such as the Police station, bingo halls, museums etc. Questions will be asked about the area and legislation that governs hackney carriages and private hire. A typical question is ‘What is the difference between a hackney carriage and a private hire vehicle?’.

Applicants will be asked to identify various points around the borough and describe how to get there using the quickest route. An example would be from the Civic Offices to Crown Bingo, Leigh Park.

Please remember that the destinations and questions cover all areas of the borough. That is Havant, Waterlooville (inc Wecock, Cowplain and Purbrook), Bedhampton, Emsworth and Hayling Island.

A sample of each type of question is attached for your information. Please note that these questions may or may not appear in the written tests. The test usually lasts between 45 minutes and one hour. There is a maximum time limit of one hour and thirty minutes. If you do not pass the test first time you will be able to retake it. You will not necessarily be asked the same questions.

Applicants will have to contact the DSA directly to book their test. Contact details can be found after the test questions and are included in the drivers information pack.

Should there be any further enquiries, please telephone the Licensing Department on 02392 446660.

SELECTION OF TEST QUESTIONS

Multiple Choice Questions

What is the difference between a Private Hire driver and a Hackney Carriage driver?

Nothing/Private Hire can only carry pre-booked passengers

I do not have to carry Guide Dogs in my vehicle if I don’t want to. True/False

I must tell the Council within 7 days of any convictions I receive. True/False

Name the roads of these locations

Havant Museum, Staunton Counrtry Park and Beachlands Amusement Park.

From/ to questions - Giving the most direct route to each.

From: Havant Railway Station (North side) To: Havant College

From: Dukes Walk Car Park, The Precinct, Waterlooville. To: The Hampshire Rose.

Route from Homewell to New Cut

Route from Jessie Road to Somborne Drive

There will also be local street maps with some of the road names removed. Your will be asked to name the roads.

About the DSA test.

As a professional driver, you will have a special responsibility to ensure that your passengers have a safe, comfortable and enjoyable journey therefore we ask initial driver applicants to sit a DSA test. You will need to contact the DSA and arrange a test date for the Hackney Saloon/Private Hire Saloon driver assessment test (type Z). The licensing department will need to be informed of the test date. To find your nearest centre please visit www.direct.gov.uk/motoringnearest. To book a practical test please visit www.direct.gov.uk/bookpracticaltest and to change a test date please visit www.direct.gov.uk/changepracticaltest.

How long does a licence last?

A year from the date of issue.

Must I wear my badge?

Yes, customers expect to see a driver is licensed not only when they are in the car but also when they call to collect their passenger. It is a matter of public safety and reassurance.

May I use my car horn to let customers know I have arrived?

No, the unnecessary use of a vehicle horn is a criminial offence and contrary to the Council's code of conduct for drivers. The use of horns is a source of complaint to the Council from residents who readily identify licensed vehicles.

Do I have to accept bus tokens?

Not neccessarily, however, as private hire drivers work for an operator, it is the operator who should determine the company policy, not the driver or vehicle proprietor.

Can I stop at a 'Taxi rank'?

Only if you are driving a Hackney carriage and are with the vehicle. Private Hire drivers are not permitted to stop at a 'taxi rank'.

May I take bookings on my own behalf?

Hackney carriages can but private hire vehicles cannot - all their bookings must go through a Havant licensed operator.

May I drive for a company in another local authority area?

No, all 3 licences - driver, vehicle and operator - must be issued by Havant, however you may hold driver's licences for several areas.

Use of data to prevent and detect fraud

A full 'fair processing notice' giving links to the detailed statutory requirements is on the council's website link to 'fair processing notice'>>