I’d like now to turn to a specialised part of the market, renting vehicles to the disabled. What is the legal position if a disabled driver joins a company?

October 2010 saw the implementation of the new Equality Act, replacing the Disability Discrimination Act. A key component of the Act is to ensure that an individual’s health is not a discriminating factor in their employment.

The Equality Act 2010 makes it unlawful for an employer to discriminate against or harass a disabled person. They must also make reasonable adjustments for disabled people – and that includes the provision of the appropriate vehicles where a company car is part of the package.

Most employers will be fully aware that the Act affects recruitment and fair treatment of staff. But fleet managers need to think about what it means for the provision of transport for disabled employees. So it may be worthwhile creating a checklist of questions for the fleet team to ask disabled employees when they are recruited to ensure their needs are fairly addressed.

For example:

• What adaptations do you require in order to be able to drive?
• How long have you been driving?
• When did you have your last assessment for driving with adaptations?
• Could I see a copy of the assessment report?
• Do you have any restrictions on your driving licence?

The assessment report sets out the results of the assessment that all disabled drivers are required to take at one of the Forum of Mobility Centres located around the UK.

These centres determine what adaptations are required to enable the disabled person to drive a vehicle comfortably and safely. The driver can then purchase a suitable vehicle and have the adaptations fitted by a qualified Mobility accredited fitter.

Independence is the key for disabled people. Yet, until recently, they have been relatively poorly served in the replacement vehicle sector.

Short-term rental of adapted and wheelchair-accessible vehicles can make a big difference to the lives of disabled people. We have a great deal of knowledge of this market. Our subsidiary Adapted Vehicle Hire – AVH – specialises in providing rental vehicles that have been adapted to the needs of the disabled.

What sort of modifications are required?

There are many types of vehicle adaptation available for disabled drivers. These include:

Single lever push pull controls (SLPP): For people who cannot use the standard pedals on the floor of the car. Using SLPP controls and perhaps a steering ball, the driver only has to use their hands to drive the vehicle.

Infrared auxiliary controls: An invaluable tool for people who have suffered a stroke, this device allows all the auxiliary controls, eg indicators, wipers, horn, etc to be controlled by the same hand that turns the steering wheel with all the controls being operated solely by the thumb. These types of adaptations are commonly known as Lodgesons, Reselco, remote controls or mushroom hand controls.

Left foot accelerator: For drivers who only have the use of their left leg, this “flip style” accelerator is fitted on the left-hand side of the brake pedal and flips down when required. As it flips down, the right-hand accelerator flips up out of the way. When the car is to be driven by someone who does not require the adaptation they can simply flip down the right-hand accelerator and the left-hand one disappears upwards.

Dual control: Dual controls can be fitted to automatic vehicles for use by driving schools for able-bodied drivers wishing to learn in an automatic vehicle, or disabled people who wish to learn how to drive using single lever push pull hand controls or Lodgeson infrared controls.

Wheelchair topbox: These can be fitted to standard vehicles, allowing a disabled driver to stow their manual wheelchair from the driver’s seat.

Indicator crossover bar: A bar fitted is to the regular indicator position to bring it across to the other side of the steering wheel for ease of use.

Easy handbrake release: This simple but effective mechanism attaches to the parking brake to bring the operating handle closer to the driver. It allows them to operate the parking brake with one easy action requiring minimal dexterity in the hand or fingers.

Pedal extensions: Standard pedal extensions simply bolt on to the existing pedals bringing them approximately 90mm (3.5 inches) closer to the driver’s seat. Once fitted, they allow the driver to sit further back into their seat, making driving safer. They are available for both manual and automatic vehicles. AVH provides bespoke pedal extensions that are tailor-made for the individual client and vehicle.

Wheelchair accessible vehicle: Conversions allow wheelchair users to be loaded directly in the rear of the vehicle without being transferred from their wheelchair. AVH has a variety of vehicles available to accommodate wheelchairs, from the Renault Kangoo and Fiat Doblo through to Volkswagen Transporter and Renault Master.

These either have a folding ramp on the rear or a lift for access, as well as a full set of wheelchair and passenger tie-down straps. Some of our vehicles also have lowering rear suspension to decrease the angle of the car, helping the driver load their wheelchair.

If an able-bodied driver’s car is off the road, perhaps after an accident, the employer or their insurer will normally arrange for a hire car to tide the driver over. Presumably it’s a bit more complicated if the driver’s car had been specially modified?

It is essential for organisations that supply replacement vehicles to be able to offer adapted and wheelchair-accessible vehicles. If they fail to do so they can easily damage their brand reputation – and they can also be accused of discrimination and face fines. Ignoring the issue simply isn’t an option.

Rental industry expert and disabled motorist Professor Peter Cooke believes disabled drivers are currently being overlooked by some mainstream providers.

“My research of the UK vehicle rental market suggests that some rental providers do not appear to be geared up to deal with disabled customers and this could present a serious risk to their customer service and brand reputation. It could only take one or two disgruntled customers to serve complaints and post their feelings online for a big-name brand to come under fire.”

The big challenge for fleet managers is to find a rental provider offering the right vehicles for disabled people and those who support them. Look for a provider with a range of vehicles, from compact city cars up to larger 4x4s as well as wheelchair-accessible vehicles.

And make sure they have the expertise and workshop facilities to adapt vehicles to the driver’s disability. A good provider will also deliver the vehicle to the driver so there can be a detailed handover and explanation of the controls. Working with a specialist provider helps organisations meet their Equality Act obligations and enhances the reputation of the organisation as a whole.

“Disabled people together have a big spend and in the current economic climate it is not only bad practice, but economically perverse to ignore such a group of customers”, added Professor Cooke. “So fleet managers need to make sure their organisation is geared up to meet the needs of this important customer group.”