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Taxi and guide dogs.

  • 10-12-2015 11:52am
    #1
    Registered Users, Registered Users 2 Posts: 6,047 ✭✭✭


    Quick question, can taxi drivers refuse to take a guide dog by claiming to be allergic?


Comments

  • Registered Users, Registered Users 2 Posts: 40 dm2978


    Hilly Bill wrote: »
    Quick question, can taxi drivers refuse to take a guide dog by claiming to be allergic?

    They can refuse any type of dog if they have previously notified and proved to the authority they are medically certified to be unable to.

    Can't post the link to the act.


  • Registered Users, Registered Users 2 Posts: 40 dm2978


    this is part of the act.

    13. (1) The driver of a taxi or wheelchair accessible taxi shall not allow the vehicle to stand at an appointed stand unless the vehicle concerned is available for hire.
    (2) The driver of a taxi or wheelchair accessible taxi shall not stand for hire at a place other than an appointed stand.
    Prohibition on hackneys or limousines plying for hire or standing for hire.
    14. The driver of a hackney or limousine shall not ply for hire or stand for hire.
    Guide dogs.
    15. (1) Notwithstanding Regulation 54(6) of the Road Traffic (Public Service Vehicles) Regulations 1963 (S.I. No. 191 of 1963) and subject to paragraph (2), the driver of a small public service vehicle shall not refuse to carry in his or her vehicle a guide dog or other assistance dog accompanying a person with disabilities.
    (2) The driver of a small public service vehicle may refuse to carry a guide dog or other assistance dog in his or her vehicle where that driver has furnished to the Commission, in advance of the refusal, a written statement from a registered medical practitioner certifying that the driver concerned is medically unfit to carry a dog in his or her vehicle.
    Taxi or wheelchair accessible taxi receipts.
    16. (1) Where a taxi or wheelchair accessible taxi is engaged in a hire in respect of which a maximum fare has been fixed by the Commission, the driver shall provide a receipt in accordance with paragraph (2).
    (2) A receipt to which paragraph (1) refers shall display the following minimum information:
    (a) the full fare (including all extras which shall be indicated separately) chargeable for the hire,
    (b) the date, starting time and finishing time of the hire,
    (c) the total distance travelled in kilometres,
    (d) the licence number of the taxi or wheelchair accessible taxi,
    (e) the unique identification mark (registration number) of the vehicle,
    (f) the receipt number (in sequential order),
    (g) a space at the foot of the receipt headed “Tips/Discounts/Tolls”, and
    (h) such other relevant information as may be determined by the Commission.
    Hackney or limousine receipts.
    17. (1) The driver of a hackney or limousine shall provide to the passenger a receipt, as determined by the Commission, at the end of his or her journey.
    (2) In respect of a hackney, the receipt referred to in paragraph (1) shall include:
    (a) the receipt number;
    (b) the small public service vehicle licence number;
    (c) the unique identification mark (registration number) of the vehicle; (d) the date;
    (e) the distance travelled in kilometres;
    (f) the amount charged.
    (3) In respect of a limousine, the receipt referred to in paragraph (1) shall include:
    (a) the receipt number;
    (b) the small public service vehicle licence number,
    (c) the unique identification mark (registration number) of the vehicle; (d) the date;
    (e) the amount charged.


  • Registered Users, Registered Users 2 Posts: 6,047 ✭✭✭Hilly Bill


    Cheers, this lad had nothing to show when asked by the visually impaired chap. He just gave some excuse that he was allergic and that wasn't taking the dog. It looked more like that he didn't want to carry the dog to be honest rather than him actually having an allergy. He was too interested in his crossword than the fare. The license number on the roof didnt match the one in the cab either, are they supposed to?


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Hilly Bill wrote: »
    Cheers, this lad had nothing to show when asked by the visually impaired chap. He just gave some excuse that he was allergic and that wasn't taking the dog. It looked more like that he didn't want to carry the dog to be honest rather than him actually having an allergy. He was too interested in his crossword than the fare. The license number on the roof didnt match the one in the cab either, are they supposed to?

    Is the taxi driver obliged to show anything to the customer to confirm an allergy?

    Seems that a letter is only required for the commission, but does that letter need to be retained for the customer?


  • Registered Users, Registered Users 2 Posts: 25,624 ✭✭✭✭coylemj


    Hilly Bill wrote: »
    The license number on the roof didnt match the one in the cab either, are they supposed to?

    The number in the cab is the driver's number, the one on the roof is the one assigned to the vehicle, they're not the same.


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  • Registered Users, Registered Users 2 Posts: 13,258 ✭✭✭✭Losty Dublin


    GM228 wrote: »
    Is the taxi driver obliged to show anything to the customer to confirm an allergy?

    Seems that a letter is only required for the commission, but does that letter need to be retained for the customer?

    No such requirement to produce such a certificate to passengers.


  • Registered Users, Registered Users 2 Posts: 40 dm2978


    Hilly Bill wrote: »
    Cheers, this lad had nothing to show when asked by the visually impaired chap. He just gave some excuse that he was allergic and that wasn't taking the dog. It looked more like that he didn't want to carry the dog to be honest rather than him actually having an allergy. He was too interested in his crossword than the fare. The license number on the roof didnt match the one in the cab either, are they supposed to?

    A driver doesn't have to carry proof but if they are then reported after refusal and haven't previously notified the authorities they will be prosecuted.
    The license number on the roof only appears on the green disc on the windscreen. By in the cab, do you mean the one with the drivers photo? That differs to the roof sign.


  • Registered Users, Registered Users 2 Posts: 18,286 ✭✭✭✭LXFlyer


    GM228 wrote: »
    Is the taxi driver obliged to show anything to the customer to confirm an allergy?

    Seems that a letter is only required for the commission, but does that letter need to be retained for the customer?

    Without being smart, showing a visually impaired person something in writing isn't really going to work - unless it's in Braille!! ;)


  • Closed Accounts Posts: 2,297 ✭✭✭savagethegoat


    there's degrees of blindness.... visually impaired implies he is in fact partially sighted.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    lxflyer wrote: »
    Without being smart, showing a visually impaired person something in writing isn't really going to work - unless it's in Braille!! ;)

    Yes but the visually impaired person may have a helper etc with them who may want to see proof for refusal or they may have enough sight to read/make out a letter.

    Also it isn't just visually impaired people who have guide/assistance dogs, for example there are Autism assistance dogs, disability assistance dogs etc so it isn't limited to visually impaired customers.

    Either way the driver isn't required to prove anything to the customer so it dosn't matter, but if I were a driver however and I had an allergy I'd carry a letter out of curtosy more than anything else.


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  • Banned (with Prison Access) Posts: 331 ✭✭roverrules


    Would an assistance dog have the same standing as a guide dog in law?


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    roverrules wrote: »
    Would an assistance dog have the same standing as a guide dog in law?

    Yes.

    It's actually the other way round, the legal standing is based on "assistance dogs" and not guide dogs, assistance dog is the universal term. A guide dog is simply an "assistance dog" for the blind/partially sighted.

    The Disability Act 2005 (Code of Practice) (Declaration) Order 2011 makes reference only to "assistance dogs" and this is also confirmed in the Taxi Regulation (Small Public Service Vehicle) Regulations 2015.
    Guide and other assistance dogs

    39. (1) Subject to paragraph (2), the driver of a small public service vehicle shall not refuse to carry in his or her vehicle a guide dog or other assistance dog accompanying a person with disabilities

    2) The driver of a small public service vehicle may refuse to carry a guide dog or other assistance dog in his or her vehicle where that driver has provided prior evidence to the Authority, in form and substance satisfactory to the Authority, that the driver is unable, for medical reasons, to carry a dog in his or her vehicle.

    Arts and Disability Ireland made a good point about guide vs assistance dogs in one of their publications.

    http://www.artscouncil.ie/uploadedFiles/Arts_and_disability_pack.pdf
    Assistance dogs are covered by the Equal Status Act 2000 and are generally provided by Irish Guide Dogs. If you use the term ‘guide dog’, you may be excluding other assistance dogs, so is advisable to use the universal term "assistance dogs"


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    I saw quite a scruffy looking passenger on a Dublin bus recently on route 27 who had two large "assistance" dogs with him, I seriously doubted whether the dogs were assistance dogs and thought the guy was pulling a fast one to get his dogs allowed onto buses and trains in the city.

    Does a person with such dogs have to show any evidence of the animals actually being registered as assistance dogs or is a fluorescent jacket with assistance dog printed onto it enough?


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    foggy_lad wrote: »
    I saw quite a scruffy looking passenger on a Dublin bus recently on route 27 who had two large "assistance" dogs with him, I seriously doubted whether the dogs were assistance dogs and thought the guy was pulling a fast one to get his dogs allowed onto buses and trains in the city.

    Unless in training (age upto 2 years old) then there would not be more than one dog per person.
    foggy_lad wrote: »
    Does a person with such dogs have to show any evidence of the animals actually being registered as assistance dogs or is a fluorescent jacket with assistance dog printed onto it enough?

    The jacket is enough, it's interesting that there's nothing in law that actually requires an assistance dog to have any formal type of identification, however they are trained to work as an assistance dog only when the jacket is on them AFAIK so when there is no jacket they aren't acting as an assistance dog. Also note that a companion dog (as opposed to an assistance dog) IS also allowed into food premises, but they would not have the same access rights as assistance dogs in other areas.

    Assistance dogs are also exempt from the requirements of identification of ownership and muzzling and leashing requirements.

    I have seen a circular from the FSAI stating that "guide dog owners are expected to carry an official ID". Expected, but not required by law.

    Off topic but it's interesting to note that a dog license is required for all assistance dogs except guide dogs for the blind/partially sighted.


  • Closed Accounts Posts: 20,373 ✭✭✭✭foggy_lad


    GM228 wrote: »
    Unless in training (age upto 2 years old) then there would not be more than one dog per person.



    The jacket is enough, it's interesting that there's nothing in law that actually requires an assistance dog to have any formal type of identification, however they are trained to work as an assistance dog only when the jacket is on them AFAIK so when there is no jacket they aren't acting as an assistance dog. Also note that a companion dog (as opposed to an assistance dog) IS also allowed into food premises, but they would not have the same access rights as assistance dogs in other areas.

    Assistance dogs are also exempt from the requirements of identification of ownership and muzzling and leashing requirements.

    I have seen a circular from the FSAI stating that "guide dog owners are expected to carry an official ID". Expected, but not required by law.

    Off topic but it's interesting to note that a dog license is required for all assistance dogs except guide dogs for the blind/partially sighted.

    Ah ok, well the "jackets" worn by these large dogs appeared to be almost home made, they were yellow hi-vis but did not appear to have been issued or have the name of any particular charity or organisation on them and they were large older dogs. one of the dogs even barked when disturbed to get off the bus and the owner had to control it.

    So basically anyone can get any old dog and stick a cheap hi-vis jacket on it and print the words "assistance dog" on the jacket and away they go on public transport?


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    foggy_lad wrote: »
    Ah ok, well the "jackets" worn by these large dogs appeared to be almost home made, they were yellow hi-vis but did not appear to have been issued or have the name of any particular charity or organisation on them and they were large older dogs. one of the dogs even barked when disturbed to get off the bus and the owner had to control it.

    So basically anyone can get any old dog and stick a cheap hi-vis jacket on it and print the words "assistance dog" on the jacket and away they go on public transport?

    If the dog barked then that is the giveaway that it was not an assistance dog, they are highly trained at an expensive cost and are specifically trained not to bark or be distracted etc.


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