Wheelchair Accessible Taxis

Part 4 of the Point to Point Transport (Taxis and Hire Vehicles) Act 2016 imposes conditions which require taxi licence holders to comply with relevant safety standards, including specific standards relevant to wheelchair accessible taxis (WAT). 

The Point to Point Transport (Taxis and Hire Vehicles) Regulation 2017 prescribes the safety standards which apply specifically to wheelchair accessible taxis. The Point to Point Transport Commissioner has imposed these standards as conditions on all WAT licences. The standard conditions are: 

Clause 10 (Vehicle Safety Standards) – WAT vehicles must:

• contain a space at least 1,300 mm long by 800 mm wide by 1,500 mm high for each wheelchair carried by the taxi
• have no intrusions into that space, other than adjustable restraint devices
• comply with Disability Standards for Accessible Public Transport
• carry wheelchair restraints
• be supplied with an approved child restraint

Clause 26 – the driver of a WAT must be able to demonstrate competence in safely loading, restraining and unloading a person in a wheelchair.

Clause 65(1) – a driver of a WAT must accept a hiring for a person in a wheelchair in preference to a hiring for a person not using a wheelchair.

Clause 65(2) – the driver must ensure that the wheelchair is safely secured to the vehicle throughout the hiring.

Clause 82 - a driver must not start the fare calculation device before the taxi is ready to safely transport a passenger in a wheelchair, and must terminate the hiring when the taxi stops at the destination.

In addition to the standard conditions, clauses 43 and 51 state that a wheelchair accessible taxi must be able to be booked through a wheelchair accessible taxi booking service, as approved by the Commissioner. Currently this applies to WATs in the Sydney Metropolitan Transport District only.

Yes.

Note that if the WAT or wheelchair accessible hire vehicle:

• was in use as a taxi or hire car before the commencement of the current Regulation (1 November 2017); and
• complies with the requirements that applied to that vehicle under the Passenger Transport Regulation 2007,

the requirements to contain a space at least 1,300 mm long by 800 mm wide by 1,500 mm high for each wheelchair, and to have no intrusions into that space other than adjustable restraint devices, must be complied with by 1 November 2019.

If you are transporting someone in a wheelchair, you must not start the fare calculation device until they are safely secured. You must stop the fare calculation device when the taxi stops at the destination and before passengers are unloaded. This also applies to booked trips where payment is made using the Taxi Transport Subsidy Scheme (TTSS).

When TTSS is used, a driver of a WAT vehicle receives an incentive payment from the NSW Government when they carry passengers in wheelchairs. This incentive is to improve the reliability of WAT services and cover the time taken to safely load and unload a wheelchair. The incentive is paid to WAT drivers at no cost to passengers.

For booked services where TTSS is not being used, the fare can be negotiated between the passenger and the booking service provider. The fare calculation device can be used, but does not have to be. A driver is still able to make an arrangement with the service provider to use the fare calculation device.

Compliance monitoring is undertaken on a regular basis to ensure that appropriate priority is given to people who use wheelchairs.

As a first step, the Commissioner uses Taxi Transport Subsidy Scheme (TTSS) data for an indication of the number of wheelchair accessible hirings a WAT has carried out.

Starting with the June 2018 quarter the Commissioner will identify the bottom two categories of performers: those in the bottom 20% (low performers) and those in the bottom 21-40% (middle to low performers). This applies to WATs which have been on issue for more than six months.

You may receive a letter informing you that your licence has been identified as being in the bottom 20% of all WATs, and that while no action is being taken to cancel your licence at this time, your performance will continue to be monitored. The letter will explain that if your performance does not improve in the next quarter, you may be issued with a notice to show cause as to why your licence should not be cancelled.

If you receive a notice to show cause as to you why your licence should not be cancelled, you will have an opportunity to provide evidence that your WAT is performing better than the TTSS data would suggest. This might include evidence of wheelchair accessible hirings your WAT has carried out, such as your own booking records, or proof of work for community transport service providers, the Department of Veterans’ Affairs, or the Assisted School Travel Program.

The Commissioner may consider a range of evidence before taking action, including the number of WAT bookings, bookings refused, and the amount of time the WAT vehicle was available for hire.

In order to ensure service continuity in regional areas, the Commissioner will consider how many other licenced WAT vehicles are providing services in the area before taking compliance action.

For more detailed information, please refer to the following policy and procedures:

• WAT Licence Compliance Policy
• WAT Preferential Hiring Procedure