Wheelchair passengers and assistance dogs

Two parts of section 8 of the handbook set out legal duties rather than tips: the rules for designated wheelchair accessible vehicles and the rules for assistance dogs. Both come from the Equality Act 2010. This guide explains them in plain English and shows what the handbook says about exemptions.

Assistance dogs

The handbook says section 170 of the Equality Act requires PHV drivers to accept passengers with assistance dogs and to allow the dog to sit in the footwell with the passenger. Neither drivers nor operators can refuse or charge extra because of an assistance dog. Section 3 repeats it: you must not refuse to take passengers because they are disabled or travelling with assistance dogs.

How to behave around an assistance dog

The handbook describes assistance dogs as highly trained working animals, not pets. Do not stroke or feed them, and do not distract them in any way. There is a wide range of assistance dogs, and you can sometimes tell what kind of help a dog provides from the colour of its jacket. But the handbook warns that an assistance dog may not always wear a jacket, and that they are not always the breed shown in its examples. So do not rely on spotting a jacket. If a passenger tells you the dog is an assistance dog, that is your answer.

Religious concerns

The handbook includes a short note on dogs and Islamic law. It says that in 2002 the Shariat Council confirmed that trained assistance dogs may accompany disabled people in PHVs managed or driven by Muslims, and that the guidance helps prevent conflict with secular law.

Exemption for medical reasons

A driver can only get an exemption from carrying assistance dogs for medical reasons. The handbook gives examples: a medical condition such as asthma that gets worse near dogs, an allergy or a phobia. If this applies to you, you must contact TfL to apply for an exemption certificate. If it is granted, you display an Exemption Notice in the windscreen of your vehicle. Personal preference, or simply not liking dogs, is not a ground the handbook mentions. The handbook does not describe the application steps or what evidence TfL wants, so ask TfL directly.

Designated wheelchair accessible PHVs

If your vehicle is designated wheelchair accessible, you have certain duties under the law, and your operator should know the vehicle is designated. Designated vehicles are those listed by TfL under section 167 of the Equality Act. Under the handbook, you must:

• Carry the passenger while they remain in the wheelchair, and make sure the safety belts are attached to the wheelchair to keep it in a safe position.
• Not charge extra because a passenger uses a wheelchair.
• Carry the wheelchair safely and securely if the passenger chooses to sit in a passenger seat.
• Make sure the passenger is carried safely and in reasonable comfort.
• Offer any help that is reasonably required.

Exemption for wheelchair duties

You can only get permission not to carry wheelchairs for medical reasons. If your poor health or fitness makes the duties under section 165 of the Equality Act impossible or unreasonable, you may be given an exemption certificate. As with assistance dogs, you contact TfL to apply and display an Exemption Notice in the windscreen if granted.

Practical points when stopping

Section 6 of the handbook says the time you stop to help wheelchair users counts as part of picking up or dropping off, including time to position and secure the wheelchair. Avoid sloping pavements when picking up or dropping off wheelchair users. See our driving and parking rules guide for what applies when stopping near restrictions.

Wheelchair accessible vehicles also have two charging benefits in the handbook. A PHV designated as wheelchair accessible does not pay the Congestion Charge when entering the zone for a booking from a London licensed operator, and PHVs registered as wheelchair accessible by TfL are exempt from the ULEZ charge. Check TfL's website for the current detail.

Everyday good practice

Pair the legal duties with the service tips in our equality and disability duties guide: ask before helping, talk to the passenger directly, explain hazards at the kerb and tell them about delays. Keep physical contact to what the passenger asks for.

What the consequences can be

TfL says it will investigate complaints that a driver broke the Equality Act, will always prosecute where there is enough evidence and it is in the public interest, and may suspend or revoke the licence of a driver convicted of an offence.

What this guide does not cover

The handbook does not explain how designation is applied for, what the wheelchair equipment must be, or how fares are handled beyond the rule against extra charges. Ask TfL or your operator for those details.

General information, not legal advice.