Equality and disability duties for PHV drivers

Section 8 of the handbook covers equality and disability. It matters for two reasons. It is part of how you are expected to behave every day, and it is part of what the licensing assessment is built on. This guide covers the general duties and passenger-assistance tips. Wheelchairs and assistance dogs have their own guide: accessibility and assistance dogs.

The protected characteristics

The handbook lists the characteristics protected under the Equality Act 2010:

• Age
• Disability
• Gender reassignment
• Marriage and civil partnership
• Race
• Religion or belief
• Sex
• Sexual orientation
• Pregnancy and maternity

It says it is illegal to treat anyone unfairly based on any of these. It is unacceptable for you, or for any of your customers, to use language or behave in a way that discriminates. You are expected to treat all passengers professionally and respectfully, without judging anyone's personal characteristics or assuming anything about them.

Section 5 of the handbook makes a related point: never make comments or jokes about someone's age, race, religion, disability, sexual orientation or gender identity. Doing so can lead to action by TfL or the police.

What happens if a complaint is made

TfL says it will investigate any complaint that a PHV driver broke the Equality Act. If there is enough evidence of an offence and it is in the public interest, it says it will always prosecute. If you are convicted of an Equality Act offence, TfL will decide how suitable you are to hold a licence and may suspend or revoke it. This is one of the clearest statements in the whole handbook about consequences, so take it seriously.

Helping passengers: the handbook's tips

TfL expects a high standard of service for all passengers, whatever their needs. The handbook offers these practical tips.

• Always ask if a passenger needs help and wait for your offer to be accepted. Listen to requests, because everyone is different.
• Be ready to give a little extra. That could mean writing things down, giving extra time, facing the passenger so they can see your lips, or speaking loudly and clearly for people with hearing difficulties.
• Talk directly to the older or disabled person, not to whoever is with them.
• Guiding a vision-impaired passenger: if they ask you to guide them to the vehicle, stand at their side and let them take your arm or elbow. Do not take hold of them and pull or push.
• Be patient. Some passengers need more time or help getting in and out. Make sure they are comfortable and have their seatbelt fastened before you move off.
• Check belongings before you set off and when you arrive.
• Warn about hazards such as kerbs, doors opening towards or away from them, and slopes.
• Explain delays and route changes. Vision-impaired passengers in particular should be told about them, and the handbook says the same is a good idea for elderly passengers and passengers with a learning disability, who may be worried by an unexpected change.
• At the destination, tell the passenger where they are, offer to help them out and guide them to a safe place before you leave them.
• Fares and change: state the fare clearly. For vision-impaired passengers, count notes and coins into their hand. Offer to help anyone who seems to be struggling with change.
• Keep pen and paper. It helps passengers with hearing difficulties and those who do not speak much English.
• Wheelchair accessible vehicles: keep the equipment in working order so it is available at any time, and avoid sloping pavements when picking up or dropping off wheelchair users.

Physical contact

If a passenger is ill or has a disability and asks for help getting in or out, check exactly what help they want, such as holding your arm. Keep physical contact to the minimum needed. This protects both of you.

Refusing a booking

Section 3 of the handbook says you must not refuse to take passengers because they are disabled or are travelling with assistance dogs. Other reasons, such as violent behaviour or open alcohol, are covered in our guide to difficult and intoxicated passengers.

Unseen disabilities

The handbook states that not all disabilities are easy to see. Offering help politely to everyone, and accepting a no gracefully, covers most situations. If a passenger makes it clear they do not want help, respect that.

What the handbook does not cover

The handbook is a general guide. It does not set out the full text of the Equality Act or give detailed legal tests, and it says it is not a complete statement of the law. If you need legal advice about a specific situation, take independent advice or contact TfL.

General information, not legal advice.