Carriage of passengers in wheelchairs and on mobility scooters in wheelchair accessible taxis
Drivers of wheelchair accessible taxis have a number of obligations with regards to loading and transporting people in wheelchairs and scooters.
Information on this page
- Mobility aids
- Legal requirements
- Passengers in wheelchairs
- Passengers using scooters
- Restraints
- Hoists on accessible taxis
- Carriage of passengers
Mobility aids
Under no circumstances is it safe to carry passengers in these high-care mobility aids as doing so puts their safety, and the safety of other occupants of the taxi, at risk.‘Princess’, ‘Duchess’ and ‘Tub’ chairs/beds lack the structural integrity to withstand even a minor impact and, in the event of an accident, their tilt-lock mechanism or the frame could fail, exposing the occupant to serious injury.
As they carry the occupant in a reclined position, the occupant cannot be properly restrained with the danger they could slip under the restraint, endangering themselves and others.
High-care mobility aids do not meet national design and construction standards and manufacturers advise that they are not designed to be carried in vehicles while the passenger is in them.
Any driver who allows a passenger to travel in one of these mobility aids in their taxi is not only risking their own physical safety, they are risking their accreditation and opening themselves up to potential legal liability if the passenger is injured. Legal liability in these circumstances could also extend to operators, licence holders and NSPs.
It is critical, therefore, that all industry participants understand that it is unsafe, and therefore illegal, to allow passengers to remain on scooters and high-care mobility aids such as ‘Princess’, ‘Duchess’ and ‘Tub’ chairs while the taxi is in motion.
Legal requirements
- The Road Safety Act and Road Rules Victoria relating to safe driving practices and the wearing of seat belts by passengers, and
- Taxi licence conditions relating to the operation of wheelchair accessible taxis which require the driver to:
- securely restrain wheelchairs or scooters being carried in the taxi
- maintain high standards of interaction with passengers in a manner which preserves the passengers' dignity and safety
- store luggage or other goods in a manner so as not to endanger passengers or interfere with the movement of passengers into or out of the vehicle
- not allow lifting equipment attached to the vehicle to be operated by any other person unless the driver is incapacitated by accident or illness
- not drive a wheelchair accessible taxi unless the driver has successfully completed a wheelchair accessible taxi driver training program approved by
Passengers in wheelchairs
A passenger occupying a wheelchair must not be carried in a taxi unless:
- the wheelchair is securely restrained by applying restraints to the floor from two points on the front and two points on the rear of the wheelchair frame
- the passenger is secured by a seat belt fitted to the taxi and which has been properly adjusted and fastened in the manner in which the seat belt is designed to be worn
- the wheelchair is positioned with the occupant facing towards the front of the taxi and with the wheelchair located between the appropriate restraint attachment tracks/points on the floor.
Passengers using scooters
A passenger who uses a mobility scooter must:
- not be transported in a taxi while that person is seated on the scooter
- be seated in a conventional passenger seat for the duration of the journey and wear the seat belt provided for that position.
The scooter must be fitted with restraints to prevent movement of the scooter during the journey. In the event that the scooter cannot be safely secured and restrained within the taxi, the scooter must not be carried.
Restraints
Restraints must comply with the version of AS-2942 Wheelchair Occupant Restraint Assemblies for Motor Vehicles current at the time the vehicle was first licensed as a taxi or comply with a later version of AS-2942.
Hoists on accessible taxis
The hoist fitted to a wheelchair accessible taxi must:
- only be used to load and unload a passenger who is seated in a wheelchair or on a mobility scooter
- not be used as a means of access by passengers who are not properly seated in a wheelchair or on a scooter.
Carriage of passengers
Drivers of wheelchair accessible taxis are cautioned that in addition to possible legal action they may face arising from negligence, the VTD will institute proceedings to suspend or revoke the driver accreditation held by any driver proven to have failed to fully and properly restrain a passenger in a wheelchair or has attempted to transport a wheelchair or scooter and its passenger in any manner which is not consistent with the above requirements.