Concerns over legal challenge after Denbighshire relaxes taxi rules

Rhyl Journal

2 days ago

Councillors, though, were warned their decision could result in a legal challenge – if taxi companies catering to the able-bodied argued they should also be able to use older vehicles.
Following a consultation with around 300 hackney carriage taxi drivers and private hire vehicle licence holders, the committee met today (Tuesday) to discuss relaxing the rules and instead introducing stricter vehicle testing.
Under the old rules, all taxis over 12 years old had to be removed from the fleet.
But following a vote, wheelchair accessible vehicles (WAVS) will now instead be required to meet 'Euro 6 emissions standards' and undergo three compliance checks per year once they reach 12 years old.
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The temporary change in the rules will stand until June 2026 when a review will assess whether WAV availability has improved – with the option of making the move permanent.
Cllr Alan James proposed councillors backed the move.
'I actually think this is a good proposition,' he said.
'It will enable, possibly, the availability in the normal public arena for more disabled people to get out and about, so it isn't just about Denbighshire's view of the expense of school transport.'
He added: 'So I think this is a good opportunity. We've got a proposal here. Let's see how it works in a year's time.
'We'll come back, evaluate any information we've got, and make some decisions.'
But Cllr Gwyneth Ellis had legal concerns.
'I'd be interested in a legal opinion that if we change the requirements for these cars, could that open up a possibility that other operators will be able to say, 'Hang on, if those cars are safe enough for disabled people, then surely they are safe enough if people don't have a wheelchair?'' she said.
Denbighshire Council's legal advisor Nashwan Fazlani responded: 'Invariably, whatever the decision the local authority is going to make, there is always going to be a legal risk. So it would be impossible to mitigate a legal risk with any decisions to zero; however, as a public body we have a public-sector equality duty, so if we don't, we get the risk from the wheelchair community, who might say we discriminated against them because we are making their life a bit more difficult in terms of access and taxis and other forms of transport for them to get around.
'So we are probably in a situation where you have to decide what's the least worst option in terms of legal risk.'
Committee members at the meeting at the council's Ruthin County Hall HQ had heard how the county has only 14 WAVs available – six hackney carriages and eight private hire vehicles.
Only a small number of these vehicles are available for school contracts, which led to concerns about availability and rising transport costs.
The committee heard that while demand for wheelchair transport has remained relatively stable, supply has shrunk due to vehicle costs, insurance, and tight licensing regulations, leading to fewer bids for council contracts and less competition, driving up prices.
Cllr Ellie Chard seconded Cllr James' proposal, and the vote was unanimous.