Paragraph 3 I1

(1)

This paragraph applies where A is concerned with the provision of a service which involves transporting people by land, air or water.

(2)

It is never reasonable for A to have to take a step which would—

(a)

involve the alteration or removal of a physical feature of a vehicle used in providing the service;

(b)

affect whether vehicles are provided;

(c)

affect what vehicles are provided;

(d)

affect what happens in the vehicle while someone is travelling in it.

(3)

But, for the purpose of complying with the first or third requirement, A may not rely on sub-paragraph (2)(b), (c) or (d) if the vehicle concerned is—

(a)

a hire-vehicle designed and constructed for the carriage of passengers, comprising more than 8 seats in addition to the driver's seat and having a maximum mass not exceeding 5 tonnes,

(b)

a hire-vehicle designed and constructed for the carriage of goods and having a maximum mass not exceeding 3.5 tonnes,

(c)

a vehicle licensed under section 48 of the Local Government (Miscellaneous Provisions) Act 1976 or section 7 of the Private Hire Vehicles (London) Act 1998 (or under a provision of a local Act corresponding to either of those provisions),

(d)

a private hire car (within the meaning of section 23 of the Civic Government (Scotland) Act 1982),

(e)

a public service vehicle (within the meaning given by section 1 of the Public Passenger Vehicles Act 1981),

(f)

a vehicle built or adapted to carry passengers on a railway or tramway (within the meaning, in each case, of the Transport and Works Act 1992),

(g)

a taxi,

(h)

a vehicle deployed to transport the driver and passengers of a vehicle that has broken down or is involved in an accident, or

(i)

a vehicle deployed on a system using a mode of guided transport (within the meaning of the Transport and Works Act 1992).

(4)

In so far as the second requirement requires A to adopt a reasonable alternative method of providing the service to disabled persons, A may not, for the purpose of complying with the requirement, rely on sub-paragraph (2)(b), (c) or (d) if the vehicle is within sub-paragraph (3)(h).

(5)

A may not, for the purpose of complying with the first, second or third requirement rely on sub-paragraph (2) of this paragraph if A provides the service by way of a hire-vehicle built to carry no more than 8 passengers.

(6)

For the purposes of sub-paragraph (5) in its application to the second requirement, a part of a vehicle is to be regarded as a physical feature if it requires alteration in order to facilitate the provision of—

(a)

hand controls to enable a disabled person to operate braking and accelerator systems in the vehicle, or

(b)

facilities for the stowage of a wheelchair.

(7)

For the purposes of sub-paragraph (6)(a), fixed seating and in-built electrical systems are not physical features; and for the purposes of sub-paragraph (6)(b), fixed seating is not a physical feature.

(8)

In the case of a vehicle within sub-paragraph (3), a relevant device is not an auxiliary aid for the purposes of the third requirement.

(9)

A relevant device is a device or structure, or equipment, the installation, operation or maintenance of which would necessitate making a permanent alteration to, or which would have a permanent effect on, the internal or external fabric of the vehicle.

(10)

Regulations may amend this paragraph so as to provide for sub-paragraph (2) not to apply, or to apply only so far as is prescribed, in relation to vehicles of a prescribed description.

Annotations

Commencement

I1: Sch. 2 para. 3 wholly in force at 1.9.2012; para. 3 not in force at Royal assent see s. 216; para. 3 in force at 1.10.2010 for certain purposes by S.I. 2010/2317, art. 2(3); para. 3 in force so far as not already in force at 1.9.2012 by S.I. 2012/2184, art. 2(a)