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PRIVATE HIRE VEHICLES (CARRIAGE OF GUIDE DOGS ETC) ACT 2002
THE PRIVATE HIRE CAR DRIVERS' LICENCES (CARRIAGE OF GUIDE DOGS AND HEARING DOGS) (SCOTLAND) REGULATIONS

A Consultation

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Dear Consultee

PRIVATE HIRE VEHICLES (CARRIAGE OF GUIDE DOGS ETC) ACT 2002

THE PRIVATE HIRE CAR DRIVERS' LICENCES (CARRIAGE OF GUIDE DOGS AND HEARING DOGS) (SCOTLAND) REGULATIONS

I am writing to invite your comments on the terms of the above draft regulations, regulatory impact assessment and guidance which we propose to issue to local authorities to help them administer the proposed new provisions. When implemented, the Regulations will place a similar duty on licensed private hire car drivers to that imposed on licensed taxi drivers by The Taxi Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 2003, i.e. to carry guide dogs, hearing dogs and other assistance dogs accompanying people with disabilities and to do so without charge. As with taxi drivers, the draft Regulations also allow licensed private hire car drivers to seek exemption on health grounds from this requirement.

Copies of this letter and the consultation documents are also available on disc and in large print and can be obtained from Patrick Down on 0131 244 7050. The Consultation documents can also be viewed on the Scottish Executive Website. Any general enquiries on this consultation can also be made to Patrick on the above number or to Alex Gibson on 0131 244 7042.

If you have any comments on the consultation documents please send them to:
Patrick Down
Scottish Executive
Local Government Constitution & Governance Division
Area 3-H
Victoria Quay
Edinburgh
EH6 6QQ
to arrive no later than 31 December 2003.

Responses can also be faxed to Patrick on 0131-244-7058 or sent by e-mail to patrick.down@scotland.gsi.gov.uk

Please note that all responses submitted will be available to the public on request unless confidentiality is requested by the correspondent.

Yours sincerely

ANN CALLAGHAN (MISS)

SCOTTISH STATUTORY INSTRUMENTS

200[ ] No.

LICENCES AND LICENSING

The Private Hire Car Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 200[ ]

The Scottish Ministers, in exercise of the powers conferred by section 20(2AA) of the Civic Government (Scotland) Act 1982 ( ^a) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation, commencement and extent

1.-(1) These Regulations may be cited as the Private Hire Car Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations [ ] and shall come into force on [ ] .

(2) These Regulations extend to Scotland only.

Prescribed condition

2. The condition specified in regulation 3 below is hereby prescribed as a condition which a licensing authority shall impose in relation to private hire drivers' licences, but only in relation to those licences for which an application is made to a licensing authority on or after [ ] .

3. The condition referred to in regulation 2 above is that where the private hire car has been hired-

(a) by or for a disabled person who is accompanied by a guide dog, a hearing dog or an assistance dog ( ^b) of that person; or

(b) by a person who wishes such a disabled person to accompany that person in the private hire car,

and the circumstances specified in regulation 4 below do not apply, the driver of the private hire car shall carry the disabled person's dog and allow it to remain with the disabled person and shall not make any additional charge for doing so.

4. The circumstances referred to in regulation 3 above are that-

(a) a notice of exemption in the form set out in the Schedule to these Regulations has been issued to the driver in accordance with the procedure set out in regulation 5 below and is in force; and

(b) that notice is exhibited either by-

(i) affixing it in a prominent position on the dashboard facing upwards; or

(ii) affixing it to the windscreen of the private hire car, facing outwards.

Notices of exemption

5.-(1) The licensing authority shall issue to a person such a notice of exemption as is referred to in regulation 4(a) above (with such deletions as it considers appropriate) if the authority is satisfied that it is appropriate on medical grounds to exempt that person from the condition specified in regulation 3 above.

(2) In determining whether to issue such a notice of exemption to a person, the licensing authority shall, in particular, have regard to the physical characteristics of the private hire car which that person drives.

(3) A notice of exemption shall be issued for such period as may be specified in it.

(4) If a licensing authority requires a person to undergo a medical examination for the purpose of enabling that licensing authority to be satisfied as mentioned in paragraph (1) above, that licensing authority shall meet the cost of that medical examination.

(5) For the purpose of the discharge of their functions under this regulation, every licensing authority shall reach a final decision within 3 months of receipt of an application for a notice of exemption.

Notification of decisions and giving of reasons

6.-(1) A licensing authority shall, within the period of 7 days beginning with the day on which that decision was made under regulation 5(5) above, send written notice of their decision to the person seeking a notice of exemption.

(2) Reasons for a decision referred to in paragraph (1) above shall be given by the licensing authority on a request being made to the authority by the person seeking a notice of exemption within the period of 28 days beginning with the day on which that decision was made.

(3) A licensing authority shall, within the period of 10 days beginning with the day on which a request is received by them under paragraph (2) above, give reasons in writing for arriving at the decision.

(4) Nothing in this regulation affects the power of the sheriff under regulation 7 below to require a licensing authority to give reasons for a decision of the authority-

(a) which is being appealed to the sheriff under that regulation; and

(b) for which reasons have not been given under this regulation.

(5) For the purposes of this regulation any reference to anything done in writing shall include communication by electronic means.

Appeals

7.-(1) A person who may, under regulation 6 above, require a licensing authority to give reasons for their decision may appeal to the sheriff against a decision under regulation 5 above.

(2) A licensing authority may be a party to an appeal under this regulation.

(3) An appeal under this regulation shall be made by way of summary application and shall be lodged with the sheriff clerk within the period of 28 days beginning with the day on which the decision was made.

(4) On good cause being shown, the sheriff may hear an appeal under this regulation notwithstanding that it was not lodged within the time mentioned in paragraph (3) above.

(5) For the purposes of an appeal under this regulation, the sheriff may, in the case of a decision of a licensing authority for which reasons have not been given by the authority under regulation 6 above, require the authority to give reasons for that decision, and the authority shall comply with such a requirement.

(6) The sheriff may uphold an appeal under this regulation only if the sheriff considers that the licensing authority, in arriving at their decision-

(a) erred in law;

(b) based their decision on any incorrect material fact;

(c) acted contrary to natural justice; or

(d) exercised their discretion in an unreasonable manner.

(7) In considering an appeal under this regulation, the sheriff may hear evidence by or on behalf of any party to the appeal.

(8) On upholding an appeal under this regulation, the sheriff may-

(a) remit the case with the reasons for such decision to the licensing authority for reconsideration of their decision; or

(b) reverse or modify the decision of the authority.

(9) On remitting a case under paragraph (8)(a) above, the sheriff may-

(a) specify a date by which the reconsideration by the authority must take place;

(b) modify any procedural steps which otherwise would be required in relation to the matter by or under any enactment (including these Regulations).

(10) The sheriff may include in the decision on an appeal under this regulation such order as to the expenses of the appeal as the sheriff thinks proper.

(11) Any party to an appeal to the sheriff under this regulation may appeal on a point of law from the sheriff's decision to the Court of Session within the period of 28 days beginning with the day on which the decision was made.

Authorised to sign by the Scottish Ministers

St Andrew's House,
Edinburgh

Regulation 4(a)

SCHEDULE

FORM OF NOTICE OF EXEMPTION

[Name of licensing authority]

[Full name of driver], the holder of private hire car driver's licence No. [number of licence], is, during the period [insert dates of beginning and end of period of exemption], exempt from the duty to carry guide dogs, hearing dogs and assistance dogs-

(a) in the private hire car having registration mark [registration mark of private hire car] and licence number [licence number of private hire car]*;

(b) in private hire cars with fixed partition segregating the driver from the passenger compartment*;

(c) in private hire cars without fixed partition segregating the driver from the passenger compartment*.

* delete as appropriate

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations place a duty on private hire car drivers, through the imposition of a condition in a private hire car driver's licence, to carry a disabled passenger's guide dog, hearing dog or assistance dog. The Regulations provide that the private hire car driver must allow the dog to remain with the disabled person and not make any additional charge for carrying the dog.

An assistance dog is a dog which is trained by a charity to assist a disabled person with a physical impairment which consists of epilepsy or which otherwise impairs a person's ability to carry out routine daily tasks and which at the time the disabled person hires the private hire car is wearing a jacket inscribed with the name of the charity.

The Regulations further provide that a private hire car driver may be exempted from the obligation to carry a disabled passenger's guide dog, hearing dog or assistance dog on medical grounds. They prescribe the form of the exemption notice which must, in those circumstances, be displayed and the manner of its display in the private hire car. They also provide for the giving of reasons for, and appeals against, decisions of licensing authorities on applications for exemption.

A regulatory impact assessment has been prepared and copies can be obtained from the Scottish Executive Finance and Central Services Department, Local Government Constitution and Governance Division, Area 3-H, Victoria Quay, Edinburgh EH6 6QQ.

SCOTTISH STATUTORY INSTRUMENTS

200[ ] No.

LICENCES AND LICENSING

The Private Hire Car Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 200[ ]

DRAFT GUIDANCE

PRIVATE HIRE VEHICLES (CARRIAGE OF GUIDE DOGS ETC.) ACT 2002

The Private Hire Car Drivers' Licences (Carriage of Guide Dogs and Hearing Dogs) (Scotland) Regulations

Introduction

1. Section 37 of the Disability Discrimination Act 1995 (DDA) and the associated regulations have placed a duty on licensed taxi drivers in England and Wales to carry guide, hearing and other assistance dogs accompanying disabled people, and to do so without charge. Section 39 of the DDA amended section 20 of the Civic Government (Scotland) Act 1982 to enable Scottish Ministers to make equivalent provision in Scottish Regulations by requiring licensing authorities to attach prescribed conditions to licences which they issue or renew. Although it was acknowledged that some licensing authorities already included such requirements as a condition of licence in place by virtue of their discretionary powers under the 1982 Act, The Taxi Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 2003 made it a mandatory requirement to do so. The Regulations also contained provisions relating to the exemption of drivers from such requirements on health grounds, including the information which must be contained in any exemption notice issued by a licensing authority, the method of display, the notification of decisions, the giving of reasons and the appeals process.

2. The DDA did not extend to PHCs and the above Regulations did not therefore apply to the drivers of such vehicles. To date licensing authorities have had to rely on their discretionary powers under the 1982 Act to impose any similar requirement on the drivers of private hire cars. However, as a result of a successful Private Members' Bill at Westminster, the Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002, the 1982 Act was amended to allow similar regulations to be introduced for PHC drivers.

3. This guidance is to inform licensing authorities about the proposed new duties to be placed on all licensed private hire car drivers by way of a prescribed condition that must be attached to any new and renewed licences issued, application for which is made on or after 31 March 2004. The guidance also gives advice on exemption procedures. Licensing authorities are asked to ensure that copies of this guidance are made available to all officers who may be involved in PHC licensing and in particular those dealing with the issue of exemption notices.

Types of Dog Covered

4. In addition to guide dogs and hearing dogs, the provisions of section 20 of the Civic Government (Scotland) Act 1982, as amended by section 2 of the Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002, also allow Scottish Ministers to prescribe requirements as to the carriage of other categories of dog. An assistance dog has been prescribed as a category of dog for the purposes of section 20(2A) of the 2002 Act by the Taxi Drivers' Licences (Carrying of Guide Dogs) (Scotland) Regulations 2003 and this meaning can also be applied to these Regulations by virtue of section 20 (2AA) of that Act. "An assistance dog" is defined at Regulation 2 as a dog which is trained by a charity to assist a disabled person with a physical impairment, which consists of epilepsy or which otherwise impairs a person's ability to carry out routine daily tasks, and which at the time the disabled person hires the PHC is wearing a jacket inscribed with the name of the charity.

5. There is no requirement for a guide or hearing dog to wear a jacket inscribed with the name of the charity.

New Duties on Private Hire Car Drivers

6. Regulation 2 requires licensing authorities to include in the conditions attached to any new or renewal licence, application for which was received on or after 31 March 2004, the condition specified at Regulation 3. This will result in the driver of a PHC which has been hired:

(a) by or for a disabled person who is accompanied by a guide dog, hearing dog or an assistance dog of that person; or

(b) by a person who wishes such a disabled person to accompany that person in the PHC;

having a duty to:

(a) carry the disabled passenger's dog and allow it to remain with the disabled person; and

(b) not make any additional charge for doing so.

unless exempt from doing so.

7. Under the regulations, a licensing authority is required to attach the prescribed condition to any PHC drivers' licence it issues for which an application was received on or after 31 March 2004, unless an exemption from the requirement has been granted. Licensing authorities may therefore wish to consider amending the licence application/renewal form used for PHC drivers' licences to take account of the new prescribed condition and the fact that an application for exemption can be made on medical grounds (see paragraphs 9 and 10 below).

8. Licensing Authorities will wish to note that the regulations only allow the prescribed condition to be applied at the time a new or renewal licence is issued. In the event that the medical condition of the licence holder changes during the period of the licence after the prescribed condition has been applied, an application for an exemption notice can be made to the licensing authority.

Exemption from Prescribed Condition

9. To enable drivers with medical conditions that would be aggravated by carrying dogs to continue to drive PHCs, Regulation 4 enables licensing authorities to exempt such drivers from the requirements of Regulation 3. This must be verified by the issue of a notice of exemption in the form set out in the Schedule to the Regulations and in accordance with the procedure set out at Regulation 4 (see paragraph 11 below). For any exemption notice to have effect the exemption must be exhibited by the driver either by: -

(i) affixing it in a prominent position on the dashboard facing upwards; or

(ii) affixing it to the windscreen of the PHC, facing outwards.

Medical Conditions

10. PHCs drivers may wish to apply for an exemption if they have a medical condition that is aggravated by contact with dogs, for example if they are allergic or have an acute phobia to dogs. It is not possible to estimate how many PHC drivers could be affected by coming into contact with dogs and the extent to which their condition would be treatable thus obviating the need for exemption. However we expect the number whose condition is so serious that they need to obtain an exemption from the requirement to carry assistance dogs will be extremely small.

Procedure

11. Under the provisions of Regulation 5(1) it is for individual licensing authorities to satisfy themselves as to whether it would be appropriate to grant an exemption from the prescribed condition on medical grounds only, taking such advice as they consider necessary. In determining the outcome of any application received Regulation 5(2) requires a licensing authority to have particular regard to the physical characteristics of the PHC which the applicant drives. Regulation 5(3) allows a licensing authority to specify the period for which any exemption is valid. To assist a licensing authority in determining the outcome of any application for exemption it receives Regulation 5(4) allows a licensing authority, if it so wishes, to require a driver to undertake a medical examination at its expense. However it would be open to the licensing authority to recover such costs under the provisions of section 12 of the Civic Government (Scotland) Act 1982. Alternatively, if they have the applicant's permission to do so, licensing authorities may wish to contact the applicant's GP or specialist with a view to obtaining the necessary information. As a result of the introduction of the Regulations, licensing authorities may also wish to consider including the requirements of the prescribed condition as part of any general medical they require new or older drivers to undertake to determine their fitness to drive under the provisions of section 13(4) of the 1982 Act. Regulation 5(5) requires licensing authorities to reach a decision on all exemption applications from the prescribed condition within 3 months from the date they are received.

Application

12. The details required on any application for exemption are at the discretion of individual licensing authorities. However, in view of the information which is required to be shown on any exemption notice subsequently issued (see paragraph 13 below), licensing authorities will need to ascertain: -

• the type of PHC driven by the applicant, e.g. does the vehicle have a fixed partition between the driver and passenger compartments;
• the registration number of the vehicle (if driving a single vehicle); and
• the period for which exemption is sought (i.e. lifetime or temporary exemption).

We would recommend that licensing authorities also obtain from the applicant the medical reason as to why an exemption application is being made, the details of and, if appropriate, permission to contact the applicant's GP or specialist and any other information which they consider relevant.

Notice of Exemption

13. The Schedule requires the notice of exemption to contain the name of the licensing authority issuing it, the full name of the driver, the number of the PHC licence, the start and end dates of the exemption period and provides licensing authorities with a range of options as to the type of vehicle the exemption applies to. It will be for licensing authorities to determine, based on the medical evidence available, as to the type of vehicle(s) to which the exemption applies.

14. If the exemption is to be limited to a single vehicle, the registration number of the PHC and the licence number of the PHC should be entered at (a) and the other two options deleted. While there may well be circumstances in which this is the preferred option, the disadvantage of limiting an exemption in this manner is that it will be necessary to issue a new notice every time an exempt driver changes his vehicle.

15. If a driver is likely to drive more than one vehicle any exemption granted should apply to either (b) or (c) depending on the type of vehicle used. If the applicant may require to drive both types of PHC vehicle specified at (b) and (c), depending on the driver's medical condition, either or both may be appropriate.

16. As indicated above, it is entirely a matter for the licensing authority to determine the time period for any exemption which it grants. If a medical condition is permanent an authority may wish to grant an exemption to coincide with the expiry date of the driver's licence. Alternatively, a licensing authority may wish to review exemptions periodically if it is anticipated that the medical condition will improve or to determine if new medical treatments have affected the need for exemption. Licensing authorities will also need to take into account whether there is a continuing need for an exemption when, for example, a driver changes to a different type of vehicle for which an exemption may not be required.

17. Once the notice has been completed it is recommended that the licensing authority mark it with an official stamp or seal for security purposes before it is sent to the applicant. In issuing any notice a licensing authority may also wish to stress that the notice is for the applicant's use only and should not be displayed if someone other than the applicant is driving the vehicle. Drivers should also be encouraged to keep the exemption notice in as good a condition as possible and licensing authorities may wish to make provision for replacement exemption notices to be issued if lost or worn. Licensing authorities will also wish to ensure that the necessary procedures are in place to record exemption notices, to remind drivers of expiry and to take any appropriate follow-up action.

Notification of decisions and giving of reasons

18. Regulation 6(1) requires a licensing authority to notify the applicant in writing of the outcome of the application within 7 days of the decision having been made. This is consistent with similar requirements at paragraphs 5(6), 10(4) and 11(12) of Schedule 1 of the 1982 Act. Regulation 6(2) and (3) applies the same timetable as that contained at Schedule 1 paragraph 17 of the 1982 Act for the applicant to request reasons for the decision and for the licensing authority to provide these, i.e. request to be made within 28 days from the date the decision was made and the licensing authority to respond within 10 days.

Appeals against refusal to grant a certificate of exemption

19. In the event that a licensing authority concludes that it would not be appropriate to grant a notice of exemption, Regulation 7 contains the provisions should the applicant wish to appeal against that decision. In doing so, Regulation 7 largely applies the appeal provisions of Schedule 1 paragraph 18 of the 1982 Act.

NB - The timetables outlined at paragraphs 18 and 19 above are currently subject to review by the Task Group set up by Ministers to review the licensing provisions contained in the Civic Government (Scotland) Act 1982 (see chapter 14 paragraphs 7-13 of its consultation paper). In the event that changes are recommended to Ministers and subsequently implemented the legislation will make consequential changes to Regulations 6 and 7.

Enforcement

20. The enforcement of the new requirement for PHC drivers to carry guide, hearing and other assistance dogs that accompany a disabled person, and the investigation of any complaints received, will primarily fall to licensing authorities given that provision is introduced as a condition of licence. It is an offence under section 7(2) of the Civic Government (Scotland) Act 1982 for a PHC driver to fail to comply with any condition attached to a licence. Alternatively, a licensing authority may wish to consider the merits of suspending the licence of any driver who breaches the prescribed condition under the powers available to them at paragraphs 11-12 of Schedule 1 of the 1982 Act.

Information Sheet

21. To inform both the PHC trade in complying with their obligations and people with disabilities of their entitlement under the Regulations, the Scottish Executive has produced separate information sheets. A small supply is included with this Guidance Circular. If additional supplies are required recipients are free to photocopy these as necessary. (NOTE - these are not attached but will be forwarded when the final version of the guidance is issued).

Enquiries

22. Any enquiries about this Circular should be directed to either me or Alex Gibson (tel 0131 244 7042) at the Scottish Executive, Finance and Central Services Department, Constitution and Governance Division, Area 3-H, Victoria Quay, Edinburgh EH6 6QQ or by e-mail: ann.callaghan or alex.gibson@scotland.gsi.gov.uk

ANN CALLAGHAN

Regulatory Impact Assessment

Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002

The Private Hire Car Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations

Issue and Objective

To remove the discrimination encountered by people with disabilities who have assistance dogs when they wish to travel by private hire car (PHC).

The Regulations will require licensing authorities to place a duty on the drivers of licensed PHCs, through the conditions they attach to such licences at the time of issue or renewal, to carry guide and hearing dogs and other assistance dogs, accompanying disabled people. Categories of dogs trained to assist disabled people other than guide or hearing dogs are also prescribed. In complying with this requirement the PHC driver must allow the dog to remain with the disabled person and is prohibited from making any additional charge for carrying the dog.

The Regulations also include provision for licensing authorities to issue PHC drivers with a notice exempting them from the requirement to carry such dogs on medical grounds. The information to be contained in the notice of the exemption and how it is to be displayed in the vehicle are also prescribed. In the event that a licensing authority turns down an application for exemption the Regulations allow for the applicant to appeal to the sheriff.

The Regulations are similar to those requirements placed on taxi drivers by the Taxi Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 2003.

Risk Assessment

Some disabled people who require the use of an assistance dog to go about their everyday lives can be refused the hire by PHC drivers. Those where the hire is accepted may be subject to an additional charge for their assistance dog. If implemented the Regulations will require licensing authorities to insert a prescribed condition in the licences of PHC drivers requiring them to carry an assistance dog accompanying a disabled person and not to make any additional charge for doing so. A breach of the condition will be an offence under section 7(2) of the Civic Government (Scotland) Act 1982. Exemption arrangements have been included to enable drivers with certain medical conditions to continue to drive PHCs.

Options

Licensing authorities already have a discretionary regulatory power to attach such reasonable conditions to the licences of PHC drivers as they think fit. However these vary throughout the country. The Regulations will remove any such anomalies by requiring licensing authorities to attach the prescribed condition to the licences of all PHC drivers at the time of issue or renewal unless they are exempt on medical grounds. Given the problem which has been identified, and addressed in the Disability Discrimination Act 1995 (for taxis) and the Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (for PHCs), a "do-nothing" or

non-regulatory approach is not considered to be an option. A "do-nothing" approach would also result in Scottish people with assistance dogs continuing to be discriminated against and at a disadvantage to their counterparts in England and Wales where statutory requirements are being introduced.

Benefits

The Regulations will ensure that disabled people, with dogs trained to assist them, will be able to travel in most PHCs and be able to do so without incurring any additional charges for their dog. However it is acknowledged that there may be some PHC drivers who have a medical condition which is caused or aggravated by contact with dogs and/or dog hair. Therefore provision has been made whereby such drivers can seek an exemption from complying with the Regulations.

Business sectors affected

The total number of licensed PHC drivers in Scotland is estimated to be in the region of 13,000; although this total excludes those licensed as taxi drivers who also drive a PHC (a licensed taxi driver does not require a separate licence to drive a PHC). It is not possible to estimate how many of these are likely to have a medical condition or suffer from an allergy that could be affected by coming into contact with dogs. However it is anticipated that the numbers whose condition is so serious that they will require an exemption from the requirement to carry assistance dogs will be extremely small.

Compliance Costs

In considering an application for exemption a licensing authority may wish to obtain permission to contact the applicant's GP or specialist with a view to obtaining the necessary medical evidence. Alternatively, it may decide to require any driver applying for an exemption to undertake a medical examination before making a decision on whether a notice of exemption should be issued. Although the cost of any such medical examination is payable by the licensing authority these, and any administration charges incurred, can be recovered through the various application and licensing fees the authority charges the trade by virtue of section 12 of the Civic Government (Scotland) Act 1982. A full medical examination can cost a licensing authority around 75, although a limited examination relating purely to the ability of a driver to carry dogs is likely to be lower. The cost to the trade will vary between local authority areas but as the exemption requirement is expected to be insignificant it is anticipated that overall the effect on fees will be negligible.

Impact on small and micro businesses

As indicated above, any costs resulting from the Regulations will ultimately fall, via the application/licence fees, on the PHC trade, many of which are 'owner drivers' and self- employed. However very few drivers are likely to be affected and where additional costs are incurred by the trade in obtaining exemptions these can, if necessary, be passed on through higher fares.

Other costs

As indicated above, any additional costs incurred by the licensing authority in implementing the Regulations are recoverable through fees charged to the trade. However such costs can be passed on by PHC businesses through higher fares. Ultimately therefore any costs involved in removing discrimination encountered by disabled people with assistance dogs who travel by PHC will be borne by all customers of such businesses.

Results of consultation

To be completed after consultation.

Enforcement, Sanctions, Monitoring and Review

It will be for individual licensing authorities to enforce the new condition of carrying assistance dogs as part of their existing PHC licensing responsibilities and to investigate any complaints received. Failure to comply with the new prescribed condition of licence will be an offence under section 7(2) of the Civic Government (Scotland) Act 1982. Anyone found guilty of such an offence will, on summary conviction, be liable to a fine not exceeding level 3 on the standard scale (currently 1,000). Alternatively, it will be open to licensing authorities to consider the merits of suspending the licence of any PHC driver who breaches the requirement by virtue of the powers available to them at Schedule 1 paragraphs 11-12 of the 1982

A Review Regulatory Impact Assessment which will examine the actual impact the Regulations have had upon businesses, and consider whether any improvements or changes are necessary, will be undertaken within 10 years of these Regulations coming into effect.

Contact Point

Ann Callaghan or Alex Gibson
Scottish Executive
Finance & Central Services Department
Local Government Constitution & Governance Division
Area 3-H
Victoria Quay
Edinburgh
EH6 6QQ
Telephone: 0141 244 7039/7042,
E-mail: ann.callaghan or alex.gibson@scotland.gsi.gov.uk

Footnotes

(a ) 1982 c.45; subsection (2AA) of section 20 was inserted by the Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (c.37), section 2.

(b ) Assistance dog is a prescribed category of dog for the purposes of these Regulations by virtue of the Taxi Drivers' Licences (Carrying of Guide Dogs and Hearing Dogs) (Scotland) Regulations 2003 (S.S.I.2003/73) as read with section 20(2AA) of the 1982 Act.