Carriage of assistance dogs in taxis: Medical exemptions for drivers
Issue and objective
The Act will place a duty on drivers of licensed taxis to carry assistance dogs (for example, guide dogs) accompanying disabled people. The Act includes provisions for drivers to be issued with a certificate exempting them from this duty on medical grounds. The notice of the exemption and how it is displayed in the vehicle are prescribed by regulation.
Categories of dogs trained to assist disabled people other than guide and hearing dogs (which are specifically included in the Act) are also prescribed.
Risk Assessment
Once this Section of the Act is implemented a driver cannot refuse to carry an assistance dog accompanying a disabled person who has hired his taxi. The exemption procedure provided for in these regulations makes it possible for drivers with certain medical conditions to continue to drive taxis who would otherwise have to leave the trade.
Options
To "do nothing" would be to perpetuate the current position where, despite the advice that has already been issued to taxi drivers, disabled people are refused carriage in taxis because they are accompanied by their assistance dog. Although powers do exist for licensing authorities to introduce a condition on the taxi licence to require the drivers to accept these animals, the practice is not consistent across the country and so disabled people have no guarantee that they will be able to access taxi services.
The decision to place a duty on taxi drivers to carry guide and hearing dogs was taken during the passage of the Act through Parliament. The Government has since restated its commitment to implementation to address the failure of the voluntary approach.
Benefits
Drivers with medical conditions which are aggravated by contact with dogs and/or dog hair will be able to continue to drive taxis. Disabled people with dogs trained to assist them will be able to travel in most taxis.
Business sectors affected
The total number of taxi drivers in Great Britain in 1997 was approximately 112,600 of which just over 22,000 were in London. It is not possible to determine how many of them are likely to apply for exemption, but the numbers are expected to be extremely small.
According to the Department of Health, roughly 4% of the adult population have asthma sufficiently severe to require regular medical supervision. However, not everyone with asthma will be affected by contact with dogs. There are no statistics on the prevalence of dog phobia or allergy.
By the end of 2000 it is estimated that just over 48% of taxis in the UK will be of the purpose built variety and fitted with a partition between the driver and passenger compartment. Drivers of such vehicles are unlikely to require an exemption unless their asthma or allergy is so severe as to cause a reaction through contact with dog hair when they enter the passenger compartment, for example, to clean it.
Compliance Costs
It is expected that drivers applying for exemption will have to pay the cost of a medical examination either by their own GP or a doctor employed by the licensing authority. The average charge for a GP examination will be about £50.
Charges by different licensing authorities are likely to vary significantly. New taxi drivers and those over a certain age are already required by legislation to undergo a full medical examination to determine their fitness to drive. Examples of the costs of such examinations are £45 in Kirklees and £75 in Bristol. Limited medical examinations relating to the ability to carry dogs are likely to be lower.
There are over 360 separate licensing authorities in the UK, almost all at District Council or Unitary Authority level. They range from very small rural authorities to the Public Carriage Office (PCO) which is responsible for licensing in London. Costs of licensing activities are covered by annual fees imposed on drivers. As the activity generated by the exemption process is expected to be insignificant and spread between so many authorities, there are likely to be no increase in licensing costs and no affect on fees. The PCO have indicated that they will not make a charge.
Impact on small businesses
Almost all the impact is on small businesses. Many taxi drivers are 'owner drivers' and self employed. However, since very few drivers are likely to be affected the costs will be low.
Other costs
Due to the expected small number of applications the costs on licensing authorities are likely to be de minimus. DETR is proposing to fund the cost in England and Wales of the exemption notices to be placed in vehicles. This is estimated at £400 per 5,000.
Results of consultation
We have consulted with organisations representing the taxi industry and disabled people on our proposals, including the draft RIA. None of the responses received questioned the cost implications outlined in the draft RIA. The comments we received on the draft regulations and the exemption procedure have been addressed.
Enforcement, Sanctions, Monitoring and Review
The Act includes provision for a driver to appeal to a Magistrate's Court if a licensing authority refuses to issue an exemption certificate.
Enforcement of the new duty will be included in the existing regime for taxi licensing. Failure to comply with the duty to carry dogs is a criminal offence. The Act provides for a fine not exceeding level 3 on the standard scale on conviction. The Act also contains standard provisions relating to forgery and false statements in respect of exemption certificates.
Declaration
I have read the Regulatory Impact Assessment and I am satisfied that the benefits justify the costs.
Keith Hill
Parliamentary Under Secretary of State
Department of the Environment, Transport and the Regions
Date: 22 November 2000
Contact Point
DETR Mobility Unit
Disability Policy Branch
Zone 1/18
Great Minster House
Telephone: 0207 944 6100
Email: miu@dft.gsi.gov.uk
