London Taxis: Essential Driver Duties Explained

Operating a taxi or private hire vehicle in London is more than just ferrying passengers from A to B; it comes with a set of critical responsibilities designed to ensure safety, inclusivity, and professionalism across the capital's busy streets. While the London Taxicard scheme is a vital programme designed to provide subsidised taxi and private hire services for London residents with serious mobility impairments, the core focus of a driver's daily duties, as outlined by the relevant authorities, revolves around adherence to broader accessibility laws and the meticulous handling of passenger belongings. This article delves into these crucial responsibilities, providing a comprehensive guide for all drivers in London's taxi and private hire trade.

Understanding Your Accessibility Duties: A Legal Obligation

Taxis and private hire services are an indispensable resource for many, especially disabled people in London. To ensure equitable access, the Equality Act 2010 places significant duties on drivers. These aren't merely guidelines; they are legal obligations designed to protect passengers and ensure a high standard of service for everyone. Non-compliance can lead to severe penalties, including prosecution and fines.

The Equality Act 2010: A Foundation for Inclusivity

Sections 164A, 165, and 165A of the Equality Act 2010 are particularly pertinent to taxi and private hire vehicle drivers. These sections outline specific duties that ensure disabled passengers receive the assistance they need without discrimination or additional charges. Understanding these sections is fundamental to operating legally and ethically in London.

General Duties for All Drivers

Section 164A of the Equality Act 2010 applies to all taxi and private hire vehicle drivers. It obliges drivers to carry any disabled person and provide mobility assistance without making, or proposing to make, any additional charge. This means that a disabled passenger should never face an extra fee for the support they require. Specifically, all drivers have a legal duty to:

• Carry the passenger.
• Carry their wheelchair (where possible) and any other mobility aids.
• Not make, or propose to make, any additional charge for carrying out these duties.
• Take reasonable steps to carry the passenger in safety and reasonable comfort.
• Give the passenger such mobility assistance as is reasonably required. The Equality Act 2010 defines this as assistance to enable the passenger to get into or out of the vehicle, and to load the passenger's luggage, wheelchair, or mobility aids into or out of the vehicle.

Pre-booked Services: Specific Responsibilities

For drivers of pre-booked taxis or private hire vehicles, Section 165A introduces an additional layer of responsibility. These drivers must:

• Assist any disabled person to identify and find the vehicle, provided the driver is made aware that the passenger requires such assistance.
• Not to make, or propose to make, any additional charge for complying with this duty.

This highlights the importance of communication and proactive support, especially when a passenger might have difficulty locating their pre-arranged transport.

Wheelchair-Accessible Vehicles (WAVs): Enhanced Duties

Section 165 of the Equality Act places even more rigorous duties on drivers of designated wheelchair-accessible taxis and private hire vehicles. These vehicles are specifically designed to accommodate passengers who need to travel in their wheelchairs, and drivers must be fully prepared to facilitate this. Their duties include:

• Carry the passenger while in the wheelchair.
• If the passenger chooses to sit in a passenger seat, to carry the wheelchair.
• To carry the passenger's mobility aids.
• Not to make, or propose to make, any additional charge for undertaking these duties.
• To take reasonable steps to carry the passenger in safety and reasonable comfort.
• Give the passenger such mobility assistance as is reasonably required, which for WAVs includes:
• To enable the passenger to get in or out of the vehicle.
• 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.
• If the passenger does not wish to remain in the wheelchair, to load the wheelchair into or out of the vehicle.
• To load the passenger's luggage, wheelchair or mobility aids into or out of the vehicle.

Compliance and Exemptions

Drivers who fail to comply with any of these duties are liable to prosecution and may face fines of up to £1,000. Furthermore, a driver's continued fitness to hold a licence may also be reviewed, potentially jeopardising their ability to work. The only grounds for exemption from these duties are medical, or if a physical condition makes it impossible or unreasonably difficult for a driver to comply. Applications for such exemptions must be made to the relevant licensing authority, and crucially, drivers must carry their exemption certificate with them for the exemption to be valid.

A taxi or private hire vehicle is "designated" as wheelchair-accessible if it appears on a list maintained under section 167 of the Equality Act. All taxis licensed in London are required to be wheelchair accessible and are automatically designated at the point of licensing. For private hire vehicles, designation as a WAV occurs during the vehicle licensing inspection and is noted on the vehicle licence. If you believe your private hire vehicle is a WAV but this is not noted, you should contact the vehicle inspections team to arrange an inspection. Drivers have the right to appeal a designation decision within 28 days by writing to Westminster Magistrates' court.

Fair Fares for All

The Department for Transport (DfT) guidance on fares for disabled passengers is clear. For taxis, the meter should not be left running while the driver performs duties required by the Act, or while the passenger enters, leaves, or secures their wheelchair within the passenger compartment. This ensures that the passenger is not charged extra for the time it takes to provide necessary assistance. Private hire operators also have responsibilities under the general provisions of the Act not to discriminate by charging disabled passengers more for a service.

Welcoming Assistance Dogs: Your Role

Drivers of taxis and private hire vehicles play a crucial role in enabling people with assistance dogs to travel around London. The Equality Act 2010 provides detailed information about your obligations, and it's essential to be fully aware of them.

Legal Obligations and Best Practices

Key points regarding passengers with assistance dogs include:

• Taxi and private hire drivers cannot refuse a passenger because they have an assistance dog.
• Passengers cannot be charged more for a journey because they have an assistance dog.
• Assistance dogs must be seated with their owners at all times.
• It is illegal to refuse to carry a passenger with an assistance dog. Drivers doing so risk losing their licence or facing a fine.

Recognising All Types of Assistance Dogs

It's important to remember that there are many different types of assistance dogs, providing a wide range of support to older and disabled people. Not all assistance dogs wear a jacket or harness, and some health conditions that necessitate an assistance dog may not be immediately obvious or visible. Drivers should be aware of this and avoid making assumptions. The obligation to carry an assistance dog applies regardless of whether its role is visibly apparent.

Penalties and Exemptions

Failing to carry a passenger with an assistance dog can result in significant legal consequences. Between February 2015 and November 2017, numerous minicab drivers were successfully prosecuted for such refusals, resulting in substantial fines, costs awarded to the prosecuting authority, and compensation paid to the victims. As with other accessibility duties, the only grounds on which drivers can be exempted from carrying assistance dogs are medical. Applications must be made to the licensing authority, and drivers must display an exemption notice and carry their exemption certificate for it to be valid.

Handling Lost Property: Your Guide

It's an unfortunate but common occurrence for passengers to leave items behind in taxis. As a driver, you have a clear set of responsibilities for handling Lost Property Office to ensure items are returned to their rightful owners.

The Lost Property Office (LPO): Where and When

If your passenger leaves an item in your taxi, you should take the item to the TfL Lost Property Office (LPO), a Metropolitan Police Service station, or a City of London Police station. From 25 September 2023, the LPO is located at Stephenson Street, West Ham, E16 4SA. It operates from 09:30 to 15:30, Monday to Friday.

Driver Responsibilities for Hand-In

To ensure a smooth process and a higher chance of property being returned, taxi drivers should:

• Hand in items as soon as possible, and strictly within 24 hours of them being left in their vehicle.
• Upon drop-off, drivers will be issued a receipt for the item, which is important for your records.

For dropping off property, there is dedicated parking at the back of the LPO. Drivers must press the intercom button by the gate, inform the on-site security team of their reason for visiting, and carry identification.

Reclaiming Uncollected Items

In cases where lost property remains unclaimed by the original owner, taxi drivers who deposited the item have the option to claim it. This can be done in the first two weeks of the month, four months after the item was initially deposited. For example, an item deposited in January can be reclaimed from 1st to 14th May. Please note that pre-booked appointments are required for the collection of property and awards, and collection is via the customer entrance at the front of the building, where there is limited on-street parking.

Frequently Asked Questions

Q: Can I refuse a disabled passenger if I'm running late?

A: No. Under the Equality Act 2010, you have a legal duty to carry any disabled person and provide assistance without additional charge. Running late is not a valid ground for refusal or exemption.

Q: What if I physically can't assist a passenger with their wheelchair due to my own medical condition?

A: The only grounds for exemption from these duties are medical, or if a physical condition makes it impossible or unreasonably difficult for a driver to comply. You must apply for an exemption certificate from the licensing authority and carry it with you for it to be valid. Without a valid certificate, you are legally obliged to provide assistance.

Q: Do I need to help a disabled passenger find my pre-booked private hire vehicle?

A: Yes, if you are made aware that the passenger requires such assistance, Section 165A of the Equality Act 2010 places a duty on you to assist them in identifying and finding your vehicle, without any additional charge.

Q: Can I charge extra if a passenger's assistance dog makes my taxi dirty?

A: No. It is illegal to charge a passenger more for a taxi or private hire journey because they have an assistance dog. This includes any cleaning costs that might arise. Drivers are expected to maintain their vehicles and factor such possibilities into their operating costs.

Q: How quickly must I hand in lost property?

A: Taxi drivers should hand in items as soon as possible and within 24 hours of them being left in their vehicle. Prompt action significantly increases the chances of the item being reunited with its owner.

Q: I found a wallet in my taxi, can I just keep it if no one claims it?

A: No. You must hand in lost property to the TfL Lost Property Office or a police station. If an item remains uncollected, you may be eligible to claim it yourself, but only after a specific period (four months after deposit) and by following the official procedure for reclamation.

Key Takeaways for London Drivers

Adhering to these responsibilities is not just about avoiding fines; it's about upholding the professional standards of London's taxi and private hire trade and ensuring that every passenger receives respectful, safe, and inclusive service. Understanding the Equality Act 2010 and the procedures for handling lost property are fundamental aspects of being a responsible and successful driver in the capital. By fulfilling these duties diligently, drivers contribute significantly to making London's transport system accessible and reliable for all.

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