Statutory Instruments Second Report


Memorandum by the Department of the Environment, Transport and the Regions


1. The Committee has asked the Department to submit a Memorandum on the following points:

    (1)  Regulation 1(1) provides for regulation 2(1) to come into force on 1 December 2000 and for all other regulations to come into force on 31 March 2001. Ought it not to have been made explicit that regulation 1 itself is to come into force on 1 December 2000?

    (2)  Regulation 2(2) provides that the notice of exemption must be exhibited by either [(a)] affixing it in a prominent position on the dashboard of the taxi, facing upwards; or [(b)] affixing it to the windscreen of the taxi, facing outwards.

    Explain what is meant by the underlined words, and whether sub-paragraph (a) (unlike sub-paragraph (b)) has the effect that the back of the notice (displaying the warning) will not be visible. If so, what is the reason for this difference?"

2. As regards point (1), it is accepted that the position should have been made explicit.

3. As regards point (2), the underlined words are intended to mean that the front side of the notice must face upwards (i.e. away from the dashboard). Sub-paragraph (a) (unlike sub-paragraph (b)) will have the effect that the back of the notice will not be visible when affixed. The purpose of requiring the notice to be displayed is to inform the general public that the driver of the vehicle is exempted from the duty to carry guide etc. dogs. The back of the notice contains a simple warning to the driver which he/she should have read before affixing the notice.

4. The Regulations permit notices to be affixed to dashboards as well as to windscreens to assist display and removal in cases where different persons drive a particular taxi. The back of a notice affixed to a dashboard will be visible before and after removal. The Department expects taxi drivers to be given an explanatory guide to their obligations under the Disability Discrimination Act 1995 which will draw attention to the fact that notices of exemption only apply to the driver named on them.

4 December 2000

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