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Taxis and People with a Disability

Folino, B. (1998) Disability Council of NSW, Sydney.
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Foreward

This report is the result of the Disability Council of NSW investigation into the provision of taxi services for people with a disability. It is the culmination of the consultative work undertaken by a special committee formed by the Council to examine and report on the issues faced by people with a disability who use taxis.

An important feature of the report is the approach taken in bringing together the many and disparate views of taxi users with a disability and of those people who are involved in the day-to-day running of taxi services. The Council is to be commended for not only bringing to the fore the breadth of issues which are presented in this report, but for consulting as widely as it did with stakeholders concerned with the provision of taxi services.

In elevating the concerns of taxi users with a disability to the domain of government, a serious attempt can be made to rectify the problems they have when accessing taxi-cab services.

Looking at the issues raised in this report, it is clear that there is much to be done by way of reducing delays, improving driver-passenger relations, passenger safety, and raising overall service standards.

The recommendations contained in this report are about real change. They serve to form the basis of the Government's ongoing commitment to improving accessibility to all forms of public transport, including taxis, for everyone. The Government and I are deeply committed to improving taxi services for people with a disability, and look forward to receiving the Council's advice on the matters raised in this report.

The Hon Carl Scully MP
Minister for Transport
Minister for Roads

 

Executive Summary

This report deals with taxis and the problems people with a disability face when using this type of public transport. It operates from the premise that people with a disability who depend on taxis as their only means of transportation do not receive the same type and level of service enjoyed by the rest of the community. This study found taxi users with a disability have many reasons to feel dissatisfied with the way taxi services are provided.

The administrative arrangements governing the way taxi services are organised are complex, opaque, and to a large extent, resistant to change.

This research found that the structure of the taxi industry and the various arrangements and provisions formed under it create many of the problems which were reported by the participants in the consultations. The complex structure derives, in part, from the many laws which govern the administration of taxi services in NSW, and the various institutional arrangements responsible for making policy. Such structure has given rise to a number of significant problems.

• First, the economic environment in which taxi services operate is not conducive to an efficient and effective service delivery system. The prohibitively high cost of buying a licence, together with the excessive lease fees imposed on operators by licence holders and exorbitant pay-ins demanded of drivers by operators are factors which impact negatively on the quality of service provision. This is because there is a cost-recovery imperative from those involved in the leasing of taxi plates and in the direct provision of a taxi services. Other than setting restrictions on entry into the taxi market, government does not regulate or set controls on these cost structures to the extent that their effects on service quality and provision are minimised.
• Second, the regulatory framework appears to incorporate a contradiction in policy which at one level is disposed towards restricting the number of taxis to fewer than would operate in a free market, but at another, allows lease fees to be determined by the market.
• Third, there is a problem with accountability between the various relational arrangements that exist within the taxi industry (for example between the licence holder and operator). This, in effect means that licence holders (who do not operate) are not held accountable for the provision of taxi services or for any action that may be taken against the operator (or lessee).
• Finally, the taxi system lacks an effective framework in which to improve service provision. This is reflected in the fact that until now there has been little regard for the development of service or network standards by the Department of Transport and the taxi industry as a whole.

What This Report Is About?

This report identifies the issues people with a disability have in relation to their use of taxis and presents an overview of the systemic problems that give rise to these issues. The report also describes people's experiences of taxis and seeks to analyse the connection between their views and the policies and practices of the industry.

It's about elevating the concerns of taxi users with a disability to the domain of government and basing policy solutions on their ideas for change.

A focus of this research was to find out how the operations of the taxi industry affect taxi users with a disability. One of the ways this was done was by asking them about their experiences of using taxis. This enabled a range of perspectives to be considered on the problems as well as on the solutions.

Finally, the report is about reform and giving saliency to the concerns raised by those who have most to gain from the changes proposed in this report. That is, to taxi users with a disability. The stakeholder approach guiding this research was used as a means of understanding the experiences of people whose lives are affected by the services they receive within the contextual background of the taxi industry's structure and the various decision-making arenas in which policy is both made and implemented.

Many people with a disability consider they are captive to a service system which is fraught with inefficiencies, and among other things, is discriminatory, expensive, and unresponsive to their needs.

Why And How The Council Did The Research?

During the past few years, the Council has become increasingly aware of the difficulties people with a disability face when using taxis. These difficulties were raised in many forums (eg community consultations) and reported through various means (eg letters, verbal submissions etc). Many of the stories brought to the Council's attention tell of people's stressful ordeals with taxis and of the immense grief for many people with a disability caused by the inefficiencies of the taxi service system. It was for these reasons the Council decided to investigate this area of public transport.

Six focus group interviews and four country consultations were held with people with a disability. The focus groups were made up of 4 to 14 people while attendance at country consultations ranged from 8 to 22. Both the focus groups and country consultations encouraged a free flow conversation around the following issues:

• cost of using taxis;
• response times;
• booking arrangements;
• driver attitudes;
• complaints handling; and
• the Taxi Transport Subsidy Scheme.

Except for the country consultations where information was gathered using a public hearing format, the bulk of the information gathering exercise was done using focus group interviews. This was done to discover what taxi users with a disability thought about taxis and their use of this type of transportation. Each session was recorded on audio tape and the notes made were sorted into the main issues raised.

What People With A Disability Said

So far as people with a disability are concerned the taxi transport system is replete with serious problems. In particular, they noted that:

• taxis are an extremely expensive form of transport. High cost restricts the number of taxis they can afford which limits opportunities for participation in work, leisure or community life;
• lengthy delays are experienced frequently, especially with wheelchair accessible taxis;
• some people are treated poorly by drivers;
• the Taxi Transport Subsidy Scheme (TTSS) is ambiguous in its applicability and entitlement, and vague in its criteria for eligibility;
• the subsidy no longer covers long trips;
• the TTSS cannot be used in other states;
• frequent difficulties are experienced with the booking system;
• in the design of taxis, little regard has been given to consulting taxi users with a disability;
• unnecessary expenses are incurred when checking on bookings;
• booking fees and loading times added to the cost of travel;
• some people have been refused entry into the taxi because they were a guide-dog user; and
• communicating with a driver can prove difficult, especially if they are dependent on the driver to read details of an address or listen to instructions.

Can The Taxi System Perform Better?

While the majority of taxi users with a disability who depend on taxis are able to fulfil their travel requirements using this type of transportation, the analysis in this report points to a number of areas where there is scope for improving the performance of taxi services. Taxi users with a disability frequently complained that taxi services were inefficient, unreliable, expensive, and unsafe.

Some people with a disability are unable to use conventional forms of public transport, and are therefore denied the same benefits that are accrued to people who have a greater capacity to pay.

Where service is poor or non-existent, regulation does not extend far enough to alleviate the access problems taxi users with a disability experience on a regular basis.

Measures to improve access to taxi services appear to have not been well developed or targeted. The substantial subsidies to public transport and the benefits which derive from this to non-disabled members of the community do not always accrue to those who have most to gain from such assistance. The Taxi Transport Subsidy Scheme (TTSS), for instance, while significantly reducing travel costs for individuals, does not subsidise the cost of taxi travel to the same extent as users of other forms of public transport, such as buses and trains. It is for this reason that the Council has adopted the position that people with a disability who must travel by taxi pay only the public transport equivalent.

Another example is the selection of a wheelchair accessible taxi by taxi companies which appear to be based on criteria other than the specific access needs of people with a disability. Discussions with drivers indicate that the operating economy plays a large role in the choice of the vehicle design rather than consideration of the access requirements of people with a disability.

What Should Government Do?

There can be little doubt that taxis play a very important role in meeting the transport needs of people with a disability. Many people with a disability must rely completely on taxis for their transport needs because other (more affordable) forms of public transport such as buses and trains remain inaccessible. This highlights the necessity to improve the existing taxi system. Until government adequately addresses access to all forms of public transport, taxis will continue to be the only transport options for some people with a disability.

Enabling people with a disability to access all forms of public transport is a matter of social justice and must be recognised as such. People with a disability have a right to use public transport.

The reforms proposed in this report must be seen in a broader context of change encompassing all options for improving access to the area of public transport. Any policy or practice disposed towards denying people with a disability the right to access all forms of public transport is discriminatory and unlawful.

Summary Of Recommendations

Overarching Recommendations

1. It is recommended that the NSW Department of Transport develop a plan of action based upon the recommendations contained in this report and that this be done in consultation with the disability community.
2. It is recommended that the NSW Department of Transport attach a condition to network authorities requiring that ALL NSW Taxi Companies develop action plans which aim to address the various access problems people with a disability experience when using taxi services.

Reducing Delays

- Recommendation One

To achieve the objective of response time parity, it is recommended that:

• the NSW Department of Transport release 500 new taxi licences (restricted) immediately, dedicated solely for purposes of operating an additional 500 wheelchair accessible taxis. These new licences should go to owner-operators and be sold (or leased if considered desirable) at 50% of the present plate value in order to compensate for the cost of purchasing modified vehicles.

- Recommendation Two

To address the shortage of WATs in country/rural areas and outer metropolitan areas of Sydney, it is recommended that the NSW Department of Transport:

• allocate one quarter of the 500 new plates to:

1. taxi networks operating no WATs; and
2. taxi networks operating WATs where the ratio of WATs to conventional taxis is less than 1:5.

Complete Taxi Accessibility

- Recommendation Three

To achieve the objective of complete taxi accessibility, it is recommended that:

• NSW Department of Transport adopt a policy which ensures ALL taxis are wheelchair accessible and that this be done when taxi licences are transferred or when taxi vehicles are replaced.

Financing

- Recommendation Four

It is recommended that:

• the NSW Department of Transport look at ways of providing financial assistance to enable operators to offset the conversion costs of modifying a vehicle. One suggestion is using revenue raised from the sale of 500 new plates.

Managing The System Better

- Recommendation Five

In view of the three options presented, it is recommended that:

• the NSW Department of Transport includes in the development of network standards a condition that requires networks to ensure there is parity with response times between WATs and conventional taxis. This may mean that:

1. operators of WATs do a specified number of wheelchair work over a given period (eg 20-25 per month); or
2. WATs be on the road for much longer periods than at present (eg at least 18 hours per day).

Taxi Transport Subsidy Scheme

- Recommendation Six

In light of the issues raised with respect to the objectives and scope of the TTSS, it is recommended that the scheme be based on:

• the objective "to increase the accessibility of taxi transport for people with a disability whose circumstances prevent them from using other forms of public transport"; and
• the principle of non-categorisation, that is, the applicability of the scheme to an individual be determined by the person's travel requirements rather than having a qualifying disability.

This will mean that the administration of the scheme, including the process by which a person becomes eligible, will also need to be based on this principle.

- Recommendation Seven

In relation to the application process, it is recommended that:

• a new application form be devised which requires the applicant to provide all relevant details and sign a statutory declaration attesting to the veracity of the information provided. This would replace the need for the applicant to have a general practitioner complete the form.

- Recommendation Eight

In relation to the application form it is recommended that:

• the explanatory note in the front section of the form be rewritten so as to remove any confusion arising from contradictory statements contained therein.

- Recommendation Nine

In relation to the administration of the scheme, it is recommended that:

• the scheme be administered by an agency that is not directly involved with the provision of taxi services.

- Recommendation Ten

In relation to accountability, it is recommended that:

• a service agreement between Department of Transport and the new agency be developed stating clearly its reporting needs which take into account the processes for effective planning and policy development, and proper data management.

- Recommendation Eleven

For as long as the TTSS is to remain in its present form, it is recommended that:

• the subsidy limit be raised immediately to $30 to take into account past rises in taxi fares and inflation, and that future increases be linked to taxi fare rises or the Consumer Price Index, and take place at regular intervals.

- Recommendation Twelve

Regarding the need to make broader changes to the TTSS, it is further recommended that:

• the NSW Department of Transport conduct a review of the scheme with reference to:

1. addressing the desirability and effectiveness of the present administrative arrangement;
2. the adequacy and desirability of the present method of determining eligibility;
3. promoting greater equity and flexibility within the TTSS;
4. the desirability of developing a legislative (or regulatory) framework for the administration of TTSS; and
5. addressing other administrative issues raised in this report.

Reciprocity

- Recommendation Thirteen

To promote reciprocity of the TTSS it is recommended that:

• the NSW Department of Transport commence negotiations with transport departments of other states with a view to developing procedural arrangements which enable TTSS members to use their vouchers in other states in the same way as they would if used in their home state; and
• the NSW Department of Transport raise this issue with the Federal Department of Transport and the Australian Transport Council.

TTSS - Achieving Greater Equity And Flexibility

- Recommendation Fourteen

In light of the need to promote greater equity and flexibility within the TTSS, it is recommended that:

• in the process of the Department conducting a review of the scheme, reference be made to addressing the inequitable distribution of subsidies for people with a disability who use taxis; and
• in the review process, consideration be given to the development of a tiered TTSS which enables users to select a concessionary arrangement that best suits their taxi travel needs.

Unnecessary Costs

- Recommendation Fifteen

In relation to this issue, it is recommended that:

• the three radio networks operating within the Sydney metropolitan area adopt as policy the practice of phoning the caller back when requested;
• that these networks seek to develop a Freecall mobile phone service.

Booking Fee

- Recommendation Sixteen

In relation to this issue, it is recommended that:

• the booking fee be paid for by the government as part of the TTSS.

Preventing Overcharging

- Recommendation Seventeen

In relation to this particular issue, it is recommended that:

• NSW Department of Transport, in conjunction with taxi meter manufacturers, develop a taxi fare meter which has, as an optional feature, the capability to announce fares.

- Recommendation Eighteen

Further, it is recommended that:

• this particular issue be dealt with as part of the ongoing development of the DDA accessible transport standards.

Driver Training

- Recommendation Nineteen

Regarding the changes required in order to raise the level of awareness among taxi drivers of the travel needs of taxi users with a disability, it is recommended that:

• the NSW Department of Transport consider the desirability of putting out to tender the establishment of a new training school; and
• consideration should be given to the development of training standards with the Vocational, Educational, Training and Accreditation Board (VETAB), which may also assist with the development of a new curriculum and an accreditation process for the new training school.

- Recommendation Twenty

It is further recommended that:

• a training module be developed by the new training school which focuses on the issues people with a disability face when using taxis and that this be developed in partnership with the disability community.

- Recommendation Twenty One

Regarding the provision of information to taxi drivers, it is recommended that:

• the NSW Department of Transport in conjunction with the Ageing and Disability Department develop a driver awareness manual to assist drivers increase their knowledge of the travel issues faced by taxi users with a disability.

- Recommendation Twenty Two

Regarding the issue of increasing English proficiency levels among taxi drivers, it is recommended that:

• the NSW Department of Transport liaise with the Ethnic Affairs Commission regarding the development of strategies for improving English proficiency levels among taxi drivers.

- Recommendation Twenty Three

To reduce the incidence of poor driver treatment, it is recommended that:

• NSW Department of Transport adopt as policy the compulsory retraining of drivers:

1. who return to taxi driving after suspension/cancellation of their driver's authority; and
2. every 3 years, upon renewal of their drivers' authority.

Bookings And Dispatching

- Recommendation Twenty Four

In relation to the issues discussed regarding bookings and dispatching, it is recommended that:

• the NSW Department of Transport proceed with the development of network standards and conditions which are to include requirements that networks supply monthly reports on response times, daily hiring patterns for WATs, complaints, log on periods, job allocation, and number of bookings received by the service.

- Recommendation Twenty Five

In relation to improving service provision, it is also recommended that:

• a central booking service under contract to the Department be established which sets out clearly defined performance measures, such as equivalent response times for WATs as for conventional taxis;
• each network provide a dedicated TTY line for people who are deaf or hearing impaired. In the case of TCS, an additional TTY line be installed;
• the bookings and dispatching service provider look at the desirability of making greater use of the Global Positioning System (GPS) to reduce delays;
• the bookings and dispacthings service provider look at the desirability of accepting email bookings; and
• disability awareness training for telephone booking operators be made available with a focus on improving communication with taxi users with a disability who have communication difficulties.

Running

- Recommendation Twenty Six

In relation to the practice of paying "running", it is recommended that:

• NSW Department of Transport attach a condition to network authorities proscribing against this practice.

Design And Access

- Recommendation Twenty Seven

In light of the issues raised concerning design and general access issues for taxis, it is recommended that:

• the NSW Government adopt as policy the development and creation of taxi vehicles that are accessible to all people.

- Recommendation Twenty Eight

In relation to implementing recommendation 24, it is recommended that:

• the NSW Department of Transport commence a demonstration project looking at the feasibility of various vehicles, such as the Chrysler Voyager or Volkswagon Caravelle, as a future model for the provision of taxi-cab services; and
• develop a framework for the development of access standards for taxis. This may involve referring to current transport standards or to those being developed as part of the DDA access transport standards process.

Complaints

- Recommendation Twenty Nine

To address the issues faced by people with a disability when making complaints it is recommended that:

• the Taxi Complaints Unit conduct an audit of its complaints handling process to identify areas where improvements can be made, and that in this process, reference be made to:

1. the development of a 24 hour complaints service;
2. the option of allowing oral complaints to be made; and
3. the option of receiving complaints electronically (eg email, computer disk etc).

- Recommendation Thirty

The NSW Department of Transport, in its development of network authorities, include a condition that requires:

• all taxis to display the Taxi Complaints Unit's hotline telephone number in visible areas (such as the back of the front passenger seat and dashboard area) and in large print, Braille and raised lettering;
• that this information also be included on TTSS voucher books in accessible formats; and
• drivers' authorities to be located in the front and back areas of the taxi and the information contained on it accessible formats.

- Recommendation Thirty One

To ensure people with a disability are fully aware of the complaints handling process, it is recommended that:

• the Taxi Complaints Unit produce a pamphlet outlining how complaints can be made and the options available to the complainant.

- Recommendation Thirty Two

To improve complaints handling procedures, it is recommended that:

• the Taxi Complaints Unit liaise with the Disability Complaints Unit (located within People with Disabilities NSW Inc), the Community Services Commission and Ombudsmans Office to develop complaints handling procedures that are responsive to the complaints issues faced by people with a disability and in accordance with best practice guidelines.

- Recommendation Thirty Three

To ensure taxi users with a disability are aware of the taxi services available to them, it is recommended that:

• the NSW Department of Transport produce a pamphlet containing such information as:

1. the telephone numbers of all radio and taxi networks, including the WATs booking service;
2. the taxi complaints hotline and complaints handling procedures;
3. the rights of the passenger and driver; and
4. Taxi Transport Subsidy Scheme.

Accountability And Enforceability

- Recommendation Thirty Four

To enhance accountability and improve enforceability, it is recommended that:

• the NSW Department of Transport, in its development of network conditions, attach to the network authority a notice that sanctions are to apply to networks whose drivers reject a booking dispatched to the taxi by a booking and dispatching service. Such sanctions can be in the form of fines up to $110,000 or the cancellation of a licence.

- Recommendation Thirty Five

To ensure licence holders are more accountable for taxi-cab services, it is recommended that:

• Section 29 of the Passenger Transport Act (1990) be amended to remove the section that enshrines licensees' non-responsibility for taxi services if their licence is leased;
• licence conditions be developed to provide for increased licence holder responsibility; and
• licence holders be accredited in the same way as operators.

- Recommendation Thirty Six

To enhance enforceability, it is recommended that:

• the Department increase the number of enforcement officers to cover problems that occur in the provision of taxi services.

- Recommendation Thirty Seven

In order for the Government to pay for greater enforceability, it is recommended that:

• the Passenger Transport Act and Regulations be amended to provide for annual licence administration fees and fines on licensees.