Posted on the 4th June 2025 in PHTM News

DENBIGHSHIRE COUNCIL FACES LEGAL RISK AFTER RELAXING TAXI AGE RULES FOR WAVS

Denbighshire Council's licensing committee has voted to relax age restrictions on wheelchair-accessible taxis, a move aimed at boosting availability for school transport, despite warnings of potential legal challenges from taxi companies serving able-bodied passengers.

The decision, made at a committee meeting on Tuesday, June 3, followed a consultation with around 300 hackney carriage drivers and private hire vehicle licence holders.

Previously, all taxis over 12 years old were removed from service. Under the new temporary rules, effective until June 2026, wheelchair-accessible vehicles (WAVs) will now be required to meet "Euro 6 emissions standards" and undergo three compliance checks annually once they reach 12 years of age. A review will then assess the impact on WAV availability and consider making the change permanent.

Councillor Alan James, who proposed the relaxation, believes it will have broader benefits. "I actually think this is a good proposition," he stated.

"It will enable, possibly, the availability in the normal public arena for more disabled people to get out and about, so it isn’t just about Denbighshire’s view of the expense of school transport."

He added: "Let’s see how it works in a year’s time. We’ll come back, evaluate any information we’ve got, and make some decisions."

However, the decision was not without concerns. Councillor Gwyneth Ellis raised a pertinent legal question: "I’d be interested in a legal opinion that if we change the requirements for these cars, could that open up a possibility that other operators will be able to say: ‘Hang on, if those cars are safe enough for disabled people, then surely they are safe enough if people don’t have a wheelchair?’"

Denbighshire Council's legal advisor, Nashwan Fazlani, acknowledged the inherent risks in any decision. "Invariably, whatever the decision the local authority is going to make, there is always going to be a legal risk. So, it would be impossible to mitigate a legal risk with any decisions to zero," he explained.

He further clarified the council's dilemma, stating: "As a public body we have a public-sector equality duty, so if we don’t, we get the risk from the wheelchair community, who might say we discriminated against them because we are making their life a bit more difficult in terms of access and taxis and other forms of transport for them to get around.

"So we are probably in a situation where you have to decide what’s the least worst option in terms of legal risk."

The committee heard that Denbighshire currently has only 14 WAVs available – six hackney carriages and eight private hire vehicles – with a limited number available for school contracts.

This scarcity has led to concerns about availability and rising transport costs. The demand for wheelchair transport remains stable, but supply has dwindled due to vehicle costs, insurance, and stringent licensing regulations, resulting in fewer bids for council contracts and subsequently higher prices.

Despite the legal warnings, Cllr Ellie Chard seconded Cllr James’s proposal, and the vote to relax the rules was unanimous.


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