Government of Jersey

Information about the publication of Ministerial Decisions

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

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demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision
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A decision made on 3 May 2016:

Decision Reference: MD-T-2016-0035
Decision Summary Title :	To introduce a training standard for taxi-cab drivers to demonstrate competency in transporting and assisting wheelchair passengers		Date of Decision Summary:	29 April 2016
Decision Summary Author:	Senior Traffic Officer		Decision Summary: Public or Exempt?	Public
Type of Report: Oral or Written?	Written		Person Giving Oral Report:	N/A
Written Report Title :	Taxi-Cab Drivers Wheelchair Assistance Qualifications		Date of Written Report:	29 April 2016
Written Report Author:	Senior Traffic Officer		Written Report : Public or Exempt?	Public
Subject: Article 9(2) Motor Traffic (Jersey) Law 1935 – Wheelchair Assistance Training for PSV Badge Holders (Taxi-cabs)
Decision(s): The Minister decided that all PSV badge holders must demonstrate that they have completed an approved Wheelchair Assistance training course to be able to transport wheelchair passengers safely.
Reason(s) for Decision: To improve the safety of wheelchair passengers using taxi-cabs and to ensure that all PSV wheelchair assisted vehicle drivers are aware of what is required of them when transporting a wheelchair passenger.
Resource Implications: None
Action required: Head of DVS to advise the Taxi-Cab Industry of the Minister’s decision.
Signature:		Position: Minister for Infrastructure
Date Signed:		Date of Decision (If different from Date Signed):

Taxi-Cab Drivers - Wheelchair Assistance Qualifications

DEPARTMENT FOR INFRASTRUCTURE

TAXI-CAB DRIVERS WHEELCHAIR ASSISTANCE QUALIFICATIONS

Purpose of the Report

To seek the support of the Minister for Infrastructure, in accordance with his powers under Article 9(2) of the Road Traffic (Jersey) Law 1935, that PSV badge holders who drive a Wheelchair Accessible Vehicle (WAV) must have demonstrated to the Inspector of Motor Traffic that they have been suitably trained to assist wheelchair passengers.

Background

Following the taxi-cab industry White Paper consultation in 2014, a number of recommendations were made as to how the future of the industry should be regulated and what enhancements should be made for the benefit of the Public. One of the areas of improvement identified was to introduce modern taxi-cab driver standards which would assist in regularising the expected service of Public Service Vehicle (PSV) badge holders across the industry. The areas identified were regular medical and enhanced criminal records checks as well as Customer Service training relating to all members of the public.

A States taxi-cab driver training curriculum will be developed to include in addition to the ‘Jersey Knowledge’ test, coverage of:

Customer care

Disability awareness and support

Non-discrimination / equalities issues

Jersey Ambassador role

Fluency in English

Safety / assistance for adult and child wheelchair / buggy users

Currently the law states “The Inspector shall not issue a badge to drive a public service vehicle of the specific type unless the applicant has satisfied the Inspector that the applicant –

(b) is fit ( both in health and as to character) to drive public service vehicles of a specific type;

Based on MD–T-2015-0079 it is proposed to update the general requirements for the issue of a taxi-cab PSV driver’s badge in the following areas:

Medical standards
Criminal records checks
Customer Service training, including the following areas

 Unit 1 - Customer Care

 Unit 2 - Passenger Awareness including Disability Awareness

 Unit 3 - Transporting of Children and Young Persons

 Unit 4 – Wheelchair assistance (including but not limited to wheelchair loading and securing )

Island Knowledge
Fluency in English

It is not intended to change the current requirements in respect of minimum driving standards or age.

The first of these updated PSV badge requirements will be Unit 4 noted above, followed by the other updated general requirements being covered by separate Ministerial Decisions. These requirements would reflect national best practice.

National Situation

Historically, the taxi-cab industry was the only sector of road passenger transport in Britain without any kind of national training scheme for drivers. However, in 2003 candidates could obtain VRQ and NVQ qualifications for taxi and private hire drivers. Following a UK Government education review, industry training programmes have been rewritten under the UK Qualifications and Credit Framework.

This resulted in a QCF Level 2 Certificate, “Introduction to the Role of the Professional Taxi and Private Hire Driver” being established in the UK and available through recognised further educational establishments. The underpinning knowledge gained from this Certificate enables candidates to go on to be assessed under Level 2 NVQ in Road Passenger Vehicle Driving (Taxi and Private Hire). These qualifications are intended to be standardised across the country, portable, and give the best possible grounding for entry or continuance in the taxi and private hire industry.

In February 2009 a UK consultation paper on improving the accessibility of taxis explained:

“It is clear from the data that there are certain risks that the Government wishes to avoid in taking this work forward. We do not want to pursue any policies that might lead to fewer wheelchair accessible taxis being available. We do not want to create any difficulties for a local licensing authority who may have already adopted a policy of only licensing wheelchair accessible taxis. We also do not want to implement a policy that might mean licensed hackney drivers transfer en masse into the private hire sector or leave the industry altogether. What we do want to achieve is an improvement in technical standards, for more taxis to be available to disabled people so that they can have improved access to jobs, services and social networks, and for the taxi trade to remain viable. We also want to continue to permit local licensing authorities to impose their own conditions to suit their own local circumstances, and for other aspects of the journey to be improved, for example boarding, driver assistance, and interchange with other public transport modes.”

In March 2013 it was estimated that 58% of all taxis in England and Wales are wheelchair accessible (either purpose built or converted) – around 45,000 vehicles in total. This proportion has been broadly unchanged since 2009.

In 2014 the UK Law Commission report recommended to improve equality and accessibility in the industry by requiring all drivers to undergo disability awareness training.

Discussion

The Minister requires that 20% of the taxi-cab fleet should be Wheelchair Accessible Vehicles (WAV).

Therefore it is necessary to ensure that wheelchair passengers are transported as safely as possible by the taxi-cab industry and in particular in WAV vehicles. Thus all PSV badge holders that drive WAV vehicles must have completed a Wheelchair Assistance training course. Existing WAV taxi drivers must have completed the training within five years. Existing Private Hire cab drivers who own a WAV and wish to access the public ranks must have completed the training before access to the rank is granted. New WAV taxi-cab drivers must have completed the training before being granted a Vehicle Licence plate.

It is proposed that to demonstrate that the PSV badge holder is suitably trained to transport a wheelchair passenger, a certificate issued by a Driver and Vehicle Standards (DVS) approved trainer or recognized body must be presented to DVS by the driver. This includes any MiDAS/PATS Manual Handling module in accordance with the MiDAS/PATS ‘Manual Handling Trainers Manual’. The areas which are to be covered in any Wheelchair Assistance training course, which will be recognised by DVS, are set out in Appendix A of this report.

Recommendation

The Minister is asked to make it a requirement that all PSV badge holders must be able to demonstrate that they have completed an approved Wheelchair Assistance training course to be able to transport wheelchair passengers safely.

Reason(s) for Decision

To ensure and improve the safety of wheelchair passengers using taxi-cabs.
To ensure that all PSV WAV drivers are aware of what is required of them when transporting a wheelchair passenger.

Action Required

Head of DVS to advise the ‘Taxi-Cab Industry’ of the Minister’s decision.

Written by:	Senior Traffic Officer

Approved by:	Director of Transport

Attachments:	Appendix A