Are Taxi and PHV Drivers legally required to complete Disability Awareness Training?
Last month, a private hire vehicle (PHV) driver from Wrexham was fined over £1000 after refusing to take two passengers with a guide dog.
Mr Ali Raza Kiani, was fined £200 and ordered to pay £1,080 costs for the offence, which occurred in January this year.
In court, Mr Kiani claimed he was unaware the dog was a service animal, despite evidence showing it was wearing its high visibility harness and reflective ‘guide dog’ identification badge at the time.
Under the Equality Act 2010, it is an offense for a taxi or PHV driver to refuse a passenger with a guide dog.
For many disabled taxi and PHV users, this news was a familiar reminder of the difficulties they can face accessing transport services.
Disabled people rely heavily on taxi and PHV services for the flexibility they offer. On average, disabled people take twice as many taxi and PHV journeys each year compared to non-disabled individuals.
But research from Guide Dogs UK found that 81 per cent of people, who own a guide dog, have been turned away from accessing a business or service.
For some, accessible hire vehicles are the only means of transport open to them. This is why new legislation has been welcomed by advocacy groups.
The Taxis and Private Hire Vehicles (Disabled Persons) Bill
In April this year, the Taxis and Private Hire Vehicles (Disabled Persons) Bill received royal assent. Under the new legislation drivers and operators have a duty to:
carry a disabled passenger, their wheelchair or mobility aids;
take “reasonable steps” to ensure that the passenger is “carried in safety and reasonable comfort”;
give the passenger such mobility assistance “as is reasonably required”; and
to not make or propose to make any additional charge for complying with these duties.
A person found guilty of committing an offence under the new rules would be liable to a fine of up to £1000.
This Bill tackles some of the key issues facing disabled passengers. However, the experiences of many in the disabled community mean that many are still put off taking journeys in taxis or PHVs.
Which is why campaigners are keen for mandatory disability awareness training to be introduced. Under current rules, taxi and PHV drivers have no legal requirement to complete disability awareness training.
Disability Awareness Training
The new Taxi and Private Hire Licensing Best Practice guidance states:
“6.3 Drivers should be trained in disability awareness or have their knowledge and skills assessed. Drivers should also be encouraged, through targeted and general communications, to uphold the highest standards of customer service. The training or assessment should include but not be limited to:
- The features of an inclusive, high-quality service
- Appropriate attitudes, behaviours and skills.
- Assistance that can be provided to all passengers.
- The protected characteristics, and related Equality Act 2010 duties.
- Understanding the different barriers that disabled people face when using taxis and private hire vehicles, and how they might be identified.
- The role of taxis and private hire vehicles in enabling disabled people to be independent and the role of drivers and operators in facilitating this.
- How to communicate with people with different communication needs.
- How to assist people with a range of visible and less visible impairments.
- Supporting wheelchair users to board, alight and travel in safety and comfort whilst seated in their wheelchair.
- Legal obligations towards disabled passengers and the consequences of not complying with them.
- An assessment of the trainee’s knowledge and skills.
While this is positive, it stops short of making the training a mandatory requirement. However, it’s important to note the Best Practice guidance has not been formalised yet. The Government is still reviewing consultation feedback.
In response to the consultation document, The Disabled Persons Transport Advisory Committee (DPTAC) expressed disappointment at the decision not to mandate awareness training.
In a statement, they said:
“DPTAC advisers would like it to be made clear that these standards must include mandatory disability awareness training for all drivers as this will help to strengthen the recommendation in paragraph 6.3 that such training should be provided.”
They highlighted that more than half of UK licensing authorities do not require disability awareness training of any kind. Making this training mandatory on a national level could make all the difference to the disabled community.
We may need to wait for the government to put forward its plans for national minimum standards before this type of training is mandated.