Ashford Taxi Drivers Prosecuted for Refusing Guide Dogs 

Ashford Borough Council successfully prosecute taxi drivers for refusing to take visually impaired passenger and their assistance dog outside railway station

Press release

26 February 2020  

Two taxi drivers have been successfully prosecuted by Ashford Borough Council for refusing to take a visually impaired passenger and their assistance dog.

Despite a legal duty on taxi drivers to take a disabled person who is accompanied by an assistance dog, on the evening of 21 March 2019 outside the town's railway station, the first taxi driver Jamshed Nasir of Oakland, Ashford refused to carry the passenger who was accompanied by their assistance dog. This was quickly followed by a refusal by another taxi driver, Kemal Yalcin, of Ploughmans Way, Ashford. The refusals left the passenger struggling to get home.

After an investigation, Ashford Borough Council's licensing team decided to prosecute for the offences under the Equality Act 2010 and on 24 February at Folkestone Magistrates Court both defendants were found guilty. They had both denied the offence and therefore the matter had gone to a full trial. 

In summing up, District Judge Justin Barron commented that the taxi drivers had knowingly turned the passenger away. Parliament's intention was to stop what was happening, to prevent disabled people being told to go to someone else down the cab rank - to interpret the act any other way would "drive a coach and horses" through the intention of Parliament when they drafted the Equalities Act.

The offence is clearly one created as one of public policy as the government wants to ensure that everyone is dealt with equally and particularly that disabled people are not discriminated against, added Judge Barron.

Yalcin was fined £180, ordered to pay a victim surcharge of £30 and costs of £1,200, while Nasir was fined £270, ordered to pay a victim surcharge of £30 and costs of £1,200.

Both drivers also had their Hackney Carriage and Private Hire Drivers licences revoked by the council at a prior hearing. They are not appealing the council's decision to revoke their licences. 

Chair of the council's Licensing Committee, Cllr Peter Feacey, said: "I hope that our action following these incidents shows how robustly we will deal with taxi drivers who fail to comply with their legal obligations and leave a potentially vulnerable person at risk."

Siobhan Meade, Guide Dogs Engagement Officer for the Guide Dogs for the Blind Association, said: "Refusing to carry someone who is blind or visually impaired simply because they work with a guide dog strikes at the very independence we exist to provide.

"I know from personal experience that each refusal feels like an assault from which the mental scars remain. We welcome Ashford Borough Council's actions in this matter and we will always support them with test-purchasing, advice and support."
 

ENDS

If you think you have been discriminated against by a taxi driver in the borough of Ashford, email brief details and your contact details tolicensing@ashford.gov.ukor call 01233 331111 or you can visit the Civic Centre in person to report your concerns.

Notes for Editors:

Not only is it a condition of driver's licence, but S168 and S170 of the Equality Act 2010 requires that the driver of a taxi or private hire vehicle must carry the disabled person's dog and allow it to remain with them as well as making no additional charge. Failure to comply is an offence subject to a fine of up to £1,000. The relevant parts of the Act are: 

Equality Act 2010 Section 168 - Assistance dogs in taxis

(1) This section imposes duties on the driver of a taxi which has been hired:
(a) by or for a disabled person who is accompanied by an assistance dog, or
(b) by another person who wishes to be accompanied by a disabled person with an assistance dog.
(2) The driver must:
a) carry the disabled person's dog and allow it to remain with that person;
(b) not make any additional charge for doing so.
(3) The driver of a taxi commits an offence by failing to comply with a duty imposed by this section.
(4) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Equality Act 2010 Section 168 -Assistance dogs in private hire vehicles

Equality Act 2010 -Section 173 Interpretation

(1)   In this Chapter:

"accessibility requirements" has the meaning given in section 167(5);

"assistance dog" means:

(a) a dog which has been trained to guide a blind person;

(b) a dog which has been trained to assist a deaf person;

(c) a dog which has been trained by a prescribed charity to assist a disabled person who has a disability that consists of epilepsy or otherwise affects the person's mobility, manual dexterity, physical co-ordination or ability to lift, carry or otherwise move everyday objects;

(d) a dog of a prescribed category which has been trained to assist a disabled person who has a disability (other than one falling within paragraph (c)) of a prescribed kind;

"taxi":

(a) means a vehicle which is licensed under section 37 of the Town Police Clauses Act 1847 or section 6 of the Metropolitan Public Carriage Act 1869, and

(b) in S162, S165-167, also includes a taxi licensed under S10 of the Civic Government (Scotland) Act 1982, but does not include a vehicle drawn by a horse or other animal;

"taxi accessibility regulations" has the meaning given by section 160(1).

(2)A power to make regulations under paragraph (c) or (d) of the definition of "assistance dog" in subsection (1) is exercisable by the Secretary of State.

Public relations issued on behalf of Ashford Borough Council

For more information contact:

Darren Laws
01634 671167
07958 304375
Darren.laws@zesttheagency.com