A taxi or private hire vehicle can be a lifeline for a mobility scooter user, whether the alternative is a difficult bus journey or no journey at all. But a scooter is a bigger and heavier object than most passengers bring, and whether a particular vehicle can carry it is not always obvious. This article explains what the Department for Transport’s guidance says about taxis, private hire vehicles (PHVs) and mobility aids. It covers England, Wales and Scotland, where the Equality Act 2010 taxi and PHV provisions apply through local licensing authorities. Northern Ireland is not covered.
What the guidance is
The DfT’s “Access to taxis and private hire vehicles for disabled users” was updated to reflect changes made to the Equality Act 2010 by the Taxis and Private Hire Vehicles (Disabled Persons) Act 2022. It contains both statutory guidance to licensing authorities in England, Wales and Scotland (on the vehicle lists) and non-statutory guidance on the duties and offences that apply to drivers and operators. This guidance is written for licensing authorities, so it is a description of the rules rather than a customer guide, but it shows what you can expect.
Duties on drivers
According to the guidance, section 164A of the Equality Act 2010 places duties on any taxi or PHV driver to accept the carriage of any disabled person and to refrain from charging them extra for doing so, and on any non-exempt driver to provide reasonable assistance to disabled passengers. Section 165 requires drivers of a designated wheelchair-accessible taxi or PHV to carry a wheelchair user without charging extra, and any non-exempt driver to provide reasonable assistance to a wheelchair user. Section 165A places duties on drivers of pre-booked vehicles to help disabled passengers identify and find the vehicle, again without extra charge. Some drivers hold exemptions from the physical-assistance duties on medical grounds, but the guidance says such an exemption does not remove their other duties.
The catch: not every scooter fits every vehicle
The guidance says licensing authorities keep a list of designated wheelchair-accessible vehicles. To be listed, a vehicle must be capable of carrying some, but not necessarily all, types of occupied wheelchair. The government recommends that a vehicle should be included only if a user of a “reference wheelchair” could enter, leave and travel in the passenger compartment in safety and reasonable comfort while seated in their wheelchair. The reference wheelchair is defined as 700mm wide, 1200mm long and 1350mm high.
The government then says something directly relevant to scooter users: this approach means that some types of wheelchair or mobility aids, such as powered wheelchairs and mobility scooters, may be unable to access some of the vehicles on a licensing authority’s list. The Equality Act recognises this possibility, and the guidance says that driver defences exist in section 165 if it would not have been possible for the wheelchair or mobility aid to be carried safely in the vehicle, or if it would not otherwise have been reasonable in all the circumstances for it to be carried.
The guidance does not spell out how a scooter is treated under each duty, so it is best to think of it in practical terms: a driver is not expected to carry something that cannot be carried safely.
What the lists tell you
The guidance recommends that licensing authorities publish their lists online, and that they include the make, model and licence number of each vehicle, whether it is a taxi or PHV, and information about the size and weight of wheelchairs that can be accommodated, including whether the vehicle can take wheelchairs larger than the reference size. If you use a larger scooter, the list is worth checking for your local authority. It may also say how many wheelchairs a vehicle can carry.
Practical steps before you book
The following suggestions are our own, not the DfT’s. Find your scooter’s overall length, width, height and weight in the manual and keep them to hand. When booking, tell the operator that you use a mobility scooter and give the dimensions, and ask specifically whether they can send a vehicle that can carry it. Ask whether the scooter would travel in its own right, or whether you would transfer to a seat, and whether a folding scooter could be stowed. If you are booking a return trip, mention it at the outset so that the same requirement is passed on. Keeping a note of what you were told is useful if there is a problem.
If something goes wrong
If a driver refuses to carry you or your scooter, or charges extra, the guidance says these duties are enforced through offences, and the enforcement section of the guidance is aimed at licensing authorities. In practice you can report the matter to the licensing authority that issued the licence, with the date, time, vehicle details and what happened. Whether a defence, such as safety, applies would be a question for the authority and, if it came to it, a court.
The bottom line
The Equality Act rules give disabled passengers protections against refusals and extra charges in England, Wales and Scotland, but the government’s own guidance accepts that some mobility scooters and powered wheelchairs will not fit some vehicles, and that a driver has a defence if a scooter cannot be carried safely. The best approach is to ask early, give dimensions, and book a vehicle that can genuinely take your scooter.
Sources
- Department for Transport, “Access to taxis and private hire vehicles for disabled users” (gov.uk)
