Lists of Accessible Taxis under S167 Equality Act 2010

Doug Paulley made this Freedom of Information request to St Albans District Council

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The request was successful.

Dear St Albans District Council,

1) Please advise if you have produced, or currently intend to produce, a list of wheelchair accessible:
a) taxis
and
b) private hire vehicles
under the powers set out in S167 of the Equality Act 2010.

2) Please identify how many a) taxi and b) PHV drivers have applied for medical / physical impairment exemption under S166 of the Equality Act 2010 since S166 was commenced. If you've created a list under S167, please identify how many of the exemptions were in place before S167 and how many have been put in since.

3) Please state whether you voluntarily compiled a list of accessible taxis and private hire vehicles following the Department for Transport's guidance of 15th September 2010, which stated, in relation to section 167, “although the list of designated vehicles will have no actual effect in law until the duties are commenced, we would urge licensing authorities to start maintaining a list as soon as possible for the purpose of liaising with the trade and issuing exemption certificates”. If you did produce such a voluntary list, please indicate when you did so, and provide the current list.

If you have produced a list of wheelchair accessible taxis and/or private hire vehicles under S167, or are going to, please tell me the following.

4) The date the list was instated or by which you intend to do so.

5) The accessibility requirements of a taxi for it to appear on the list.

6) How you intend to enforce drivers' compliance with S165.

7) The list.

Yours faithfully,

Doug Paulley

Lisa McCormack, St Albans District Council

CORPORATE SERVICES
Head of Service - Amanda Foley
 
Our Ref: 000001185
Please ask for: FOI Coordinator
Direct Dial:  (01727) 819209
e-mail address: [St Albans District Council request email]
Date:  24th May 2017

 
 
Dear Mr Paulley
 
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Reference:000001185
 
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FOI Coordinator
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Sarah Hilliard, St Albans District Council

CORPORATE SERVICES
Head of Service - Amanda Foley
 
Our Ref: 000001185
Please ask for: FOI Coordinator
Direct Dial:  (01727) 819209
e-mail address: [St Albans District Council request email]
Date:  1st June 2017

 
 
Dear Mr Paulley
 
Freedom of Information Request Ref. No. 000001185
 
I write with regard to your request for information sent by email to St
Albans City & District Council.  Your email was received by the Council on
24th May 2017
 
Under the Freedom of Information Act 2000, we are required to confirm what
information we hold, and if we do hold the information, disclose the
information, subject to exemptions or other provisions applying.
 
You requested and our response:
 
We can confirm that we do hold this information.
 

 1. Please advise if you have produced, or currently intend to produce, a
list of wheelchair accessible:
a) taxis
and
b) private hire vehicles
under the powers set out in S167 of the Equality Act 2010.

 
We have produced a list for both Private hire and Hackney Carriage
vehicles. This was first published on the website on 04/04/17, however due
to technical difficulties with the website on 16/05/17 the list was made
unavailable. The list has since been put back on the website on 31/05/17.
2) Please identify how many a) taxi and b) PHV drivers have applied for
medical / physical impairment exemption under S166 of the Equality Act
2010 since S166 was commenced. If you've created a list under S167, please
identify how many of the exemptions were in place before S167 and how many
have been put in since.
 
No drivers have applied for this exemption.
3) Please state whether you voluntarily compiled a list of accessible
taxis and private hire vehicles following the Department for Transport's
guidance of 15th September 2010, which stated, in relation to section 167,
“although the list of designated vehicles will have no actual effect in
law until the duties are commenced, we would urge licensing authorities to
start maintaining a list as soon as possible for the purpose of liaising
with the trade and issuing exemption certificates”. If you did produce
such a voluntary list, please indicate when you did so, and provide the
current list.

If you have produced a list of wheelchair accessible taxis and/or private
hire vehicles under S167, or are going to, please tell me the following.
 
We compiled a list of drivers who were willing to provide details
voluntarily but we do not know the date that this list was made
available.  We know a revised copy was made available in August 2016 and
this list can be viewed here:
 
[1]http://www.stalbans.gov.uk/Images/list%2...
4) The date the list was instated or by which you intend to do so.
 
The s167 list was first published on the website on 04/04/17, however due
to technical difficulties with the website on 16/05/17 the list was made
unavailable. The list has since been put back on the website on 31/05/17.
5) The accessibility requirements of a taxi for it to appear on the list.
For the vehicle to be wheelchair accessible.
6) How you intend to enforce drivers' compliance with S165.
 
We do not hold this information.
 
 
7) The list.
The list can be found via the following link, under the document titled
 
[2]Wheelchair Accessible Taxi List (XLSX - 14 kb)
 
 
If you are dissatisfied with this response the Commissioner’s Office
recommends that you first refer the matter to the Council. You can do this
by writing to [3][St Albans District Council request email] asking for an internal review of my
decision. If you wish the Council to undertake an internal review, then
you must write to the Council within 40 working days of the date of this
letter. The Council will not consider any requests received after this
date unless there are exceptional circumstances for the delay. 
 
You have a right to appeal to the Information Commissioner's Office at the
following address: Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.
You must do this no later than two months after the Local Authority’s last
response to you.
 
 
Kind Regards
 
 
FOI Coordinator
Corporate Services
 
 
 

--
****Disclaimer****

The information in this message should be regarded as Private and is
intended for the addressee only unless explicitly stated.
If you have received this message in error it must be deleted and the sender
notified.
The views expressed in this message are personal and not necessarily
those of St Albans City and District Council unless explicitly stated.
Please be aware that emails sent to or received from St Albans City and
District Council may be intercepted and read by the council.
Interception will only occur to ensure compliance with council policies or
procedures or regulatory obligations, to prevent or deter crime, or for the
purposes of essential maintenance or support of the email system.

Please note that the Council does not accept service by e-mail

References

Visible links
1. http://www.stalbans.gov.uk/Images/list%2...
2. http://www.stalbans.gov.uk/Images/Book1_...
3. mailto:[St Albans District Council request email]

Dear Sarah Hilliard,

Thank you for the information, much appreciated.

I think it's great that you have produced a S167 list. However I'm concerned that you haven't followed the DFT's statutory guidance in this regard.

"Before drivers can be subject to the duties under section 165 of the Act, the LA must first publish their list of designated vehicles, and clearly mark it as ‘designated for the purposes of section 165 of the Act’. LAs should ensure that their designated lists are made easily available to passengers, and that vehicle owners and drivers are made aware. Lists should set out the details of the make and model of the vehicle, together with specifying whether the vehicle is a taxi or private hire vehicle, and stating the name of operator."

That spreadsheet doesn't seem to say "designated for the purposes of section 165 of the Act", and for the Hackney carriages, it doesn't state the name of the operator.

Can you confirm please that this is actually a valid S167 list, i.e. that the council does in fact have a S167 list?

Thank you!

Yours sincerely,

Doug Paulley

Sarah Hilliard, St Albans District Council

Dear Mr Paulley

Thank you for your follow-up email. We note your comments and we have amended the list to refer to section 165 of the Act.

The “Access for wheelchair users to Taxis and Private Hire Vehicles – Statutory Guidance” is guidance. It states at paragraph 1.2 that we must have regard to the Guidance which we have done.

As you may be aware not all Hackney carriage drivers have an operators so this largely applies to private hire drivers.

Many thanks

Sarah Hilliard
Regulatory Support Officer
Legal, Democratic & Regulatory Services

St. Albans City & District Council
Direct: (0)1727 819406
Ext: 2406
Email: [email address]

Council general home page: www.stalbans.gov.uk
Council contact details and address: www.stalbans.gov.uk/contact-us

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