On 6 April 2017, section 165 and section 167 of the Equality Act 2010 came into effect. 

Section 165 imposes legal duties on the driver of a designated hackney carriage and private hire vehicle which has been hired by or for a disabled person in a wheelchair, or by another person who wishes to be accompanied by a disabled person who is in a wheelchair. 

The key components of Section 165 are summarised below:

• Hackney carriage/private hire drivers will be required to carry the passenger while in the wheelchair
• Hackney carriage/private hire drivers are prohibited from charging wheelchair-users an additional fare for a journey
• Hackney carriage/private hire drivers will be required to carry the passenger’s wheelchair if the wheelchair–user chooses to sit in a passenger seat during the journey
• Hackney carriage/private hire drivers will be obliged to take such steps as are necessary to ensure that the wheelchair-user is carried in safe and reasonable comfort
• Hackney carriage/private hire drivers must provide reasonable levels of mobility-assistance to the disabled passenger
• Hackney carriage/private hire drivers cannot refuse hires from wheelchair users

Mobility assistance is defined as assistance:

• To enable the passenger to get into or out of the vehicle
• Where if the passenger wishes to remain in the wheelchair, to enable the passenger to get into and out of the vehicle while in the wheelchair
• To load the passenger's luggage into or out of the vehicle
• If the passenger doesn't wish to remain in the wheelchair, to load the wheelchair into or out of the vehicle

Failure to comply with the duties listed under section 165 of the Act is a criminal offence. 

Section 167 of the act permits local authorities to maintain a list of designated wheelchair-accessible hackney carriage and private hire vehicles. 

At a meeting of the Strategic Licensing Committee, held on 20 June 2018, the committee resolved that we publish a list of designated wheelchair accessible vehicles. A full list of these vehicles are attached to this page under 'Related documents'.

Exemption from the requirements under section 165

Section 166 of the act allows for drivers to apply for an exemption from the duties under section 165 of the act on medical grounds, or because the driver’s physical condition makes it impossible or unreasonably difficult for them to comply with those duties.

Drivers wishing to apply for an exemption from the duties under section 165 of the act will be required to complete a medical exemption application form.

Where an application is received requesting an exemption from the duties it will be referred to the licensing panel for determination. The panel will treat each case on its own merits and may resolve to grant the exemption or to refuse it.