Memorandum by the Department for Transport
(DAF 14)
DISABLED PEOPLE'S ACCESS TO TRANSPORT
GOVERNMENT POLICY
The Government's policy was set out in the Department
for Transport's earlier Memoranda to the Committee (reference
DPAT01 and DPAT01A) prior to their hearing on 19 November 2003[4]
This Memorandum updates the Committee on developments in the field
of transport for disabled people since its first hearing and should
therefore be read in conjunction with the previous evidence.
PROGRESS IN
ENSURING DISABLED
PEOPLE HAVE
ACCESS TO
PUBLIC TRANSPORT
Implementing the transport provisions of the DDA
Trains
Regulations covering access to new passenger
rail vehicles came into effect on 1 January 1999. There are now
almost 1,900 new, accessible vehicles in service with another
700 expected in the next 18 months.
Buses and Coaches
Similar regulations for new buses and coaches
with a carrying capacity of more than 22 passengers used on local
and scheduled services came into effect on 31 December 2000. Eighty
per cent of the fleet in major urban areas is already accessible
rising to 90% in London. Across the country as a whole the proportion
of accessible buses is about 30%.
New duties have also been introduced under the
Conduct of Drivers, Inspectors, Conductors and Passengers Regulations
for the drivers of regulated buses and coaches. Since 1 October
2002, they have had to provide reasonable assistance to disabled
people to board and alight from the vehicle. In determining what
is reasonable, the driver will need to consider the health and
safety of disabled and other passengers as well as his own health
and safety.
Taxis and Private Hire
Since we announced the policy direction for
introducing taxi accessibility regulations, the Department has
been looking at the features which will make taxis accessible
to the widest possible range of disabled people. Following the
publication of our research into this issue, a one-day seminar
was held in July to discuss findings and seek the views of both
industry and disabled people. We are currently considering comments
and these will inform the drafting of a technical specification.
Further consultation on the full package of measures will follow
in due course.
In the meantime, section 37A of the DDA, which
requires private hire vehicle operators and drivers to accept
assistance dogs and to carry them free of charge came into effect
on 31 March 2004. Similar provisions, under section 37 of the
Act, came into effect in March 2001 for taxi drivers.
Following the Disability Rights Task Force's
(DRTF) recommendation in its "From Exclusion to Inclusion"
report, the Disabled Persons Transport Advisory Committee (DPTAC,
the Government's statutory advisers on the transport needs of
disabled people), in conjunction with the Disability Rights Commission,
has also published good practice guidance on making private hire
services more accessible to disabled people.
OTHER RECENT
DEVELOPMENTS
Aviation
A contract has been let to monitor the level
of compliance by the aviation industry with the DfT's Code of
Practice on meeting the needs of disabled people published in
March 2003. We expect this research to report during the latter
half of 2005 and the findings will inform decisions on whether
the voluntary commitment is working or whether we need to legislate
in this area. Should there be a need to legislate the powers in
the Bill would allow this.
The European Commission's proposals for a regulation
to outlaw discrimination against disabled people in air travel
is still awaited.
Shipping
The International Maritime Organisation has
produced guidance on the design of ferries and DPTAC has produced
its own supporting guidance for the UK. DPTAC has also commissioned
research to establish how effective this guidance has been in
improving access to shipping for disabled people. This will report
during 2005 and, as with the work on aviation outlined above,
will be used to inform future decisions on the need for legislation.
Should there be a need to legislate the powers in the Bill would
allow this.
DPTAC is working with the Maritime and Coastguard
Agency to develop new guidance on meeting the needs of disabled
people in relation to EC Class passenger ships and high speed
craft used for public transport on domestic voyages. This new
guidance will contribute to the UK Government's response to EC
Directive 2003/24/EC which amended Directive 98/18/EC on safety
rules and standards for passenger ships.
DRTF recommendations
The DRTF recommendations which remain to be
implemented all relate to amending the DDA, including those covering
the transport exemption in Part 3 of the Act. The necessary measures
to make these changes will be included in the forthcoming Disability
Discrimination Bill.
On the "Blue Badge" Scheme, which
was the subject of a comprehensive review completed in 2003, the
Government is taking forward two legislative recommendations made
by DPTAC following public consultation.
The key recommendation, to introduce a power
for enforcement officials to inspect badges, was included in the
Traffic Management Act 2004 (the remaining accepted recommendations
requiring primary legislation will be included in the forthcoming
Disability Discrimination Bill and are outlined in more detail
below).
A mixture of secondary legislation, guidance
and research is required to implement the other Blue Badge recommendations
and we expect to be in a position to consult on draft regulations
covering issues such as extending the scheme to children under
two and people with temporary mobility impairments during 2005.
The Department is also initiating projects to
look at the feasibility of establishing a database of Blue Badge
Holders; to consider the case for the central London exemption
from the Scheme; and to examine the case for extending the scheme
to certain other groups of disabled people. We expect this to
include a wide range of people including those with mental health
problems, autism and those who are partially sighted. These projects
are due to get underway during this financial year.
DISABILITY DISCRIMINATION
BILL
The Bill is the final step in fulfilling the
Government's 2001 Manifesto commitment to extend rights and opportunities
for disabled people.
As well as measures to amend the DDA in areas
such as the definition of disability, public sector duties, premises
and private clubs, the Bill will also include provisions on transport
enabling the Government to make regulations:
— lifting the transport exemption from
Part 3 of the DDA to outlaw discrimination against disabled people
by the provision of transport services[5];
— introducing an "end date"
by which all rail vehicles will have to meet the Rail Vehicle
Accessibility Regulations 1998 (RVAR) 5; and
— amending the Blue Badge Parking Scheme
for disabled people to remove references to "institutions"
from the legislation and the badges and to ensure reciprocity
for badges issued in other countries.
These provisions include the changes agreed
by the Government as a result of the pre-legislative scrutiny
process that followed the publication of the Bill in draft on
3 December 2003. The Government's response to the Joint Parliamentary
Scrutiny Committee was published on 15 July[6].
Lifting the transport exemption from Part 3 of the
DDA
Part 3 outlaws discrimination against disabled
people in the provision of goods, services, facilities and premises.
Transport infrastructure, such as stations and airports, is already
subject to these provisions but there is a specific exemption
for "any service so far as it consists of the use of any
means of transport". The measures which will be included
in the Bill allow the Government to clarify the extent of the
exemption—to the provision and use of transport vehicles—and
allow it to be lifted, in whole or in part, for different transport
vehicles at different times.
Consultation on policy proposals was completed
in 2003 and the Department for Transport intends to consult on
draft regulations during the passage of the Bill. Initial regulations
will cover public transport—rail vehicles (including light
rail, underground and trams), buses, coaches, taxis and private
hire vehicles—vehicle hire, breakdown and leisure and tourism
transport services. The Government believes that focussing on
these areas will have the biggest impact on improving the day-to-day
mobility of disabled people.
Subject to Parliament passing the Bill, it will
be unlawful for transport service providers to:
— directly discriminate against disabled
people—for example by refusing to allow someone to board
a vehicle simply because they are disabled, even though the vehicle
might be accessible to them. This can be a particular problem
for people with learning disabilities or mental health problems
and cannot be justified;
— treat disabled people less favourably,
without justification—for example by charging them more
for a service. There is some evidence that this happens now, for
example where taxi drivers charge wheelchair users more for the
service they provide to them; and
— fail to make a reasonable adjustment
to the way they provide their services, without justification—for
example it might be reasonable for a rail operator to provide
an at-seat catering service where a disabled person is unable
to get to/from the buffet car. This would benefit many disabled
people, including wheelchair users, travelling on older rolling
stock with narrower gangways who would otherwise be unable to
obtain food or drinks.
The Government intends to introduce these changes
as soon as practicable after Royal Assent. Subject to the timing
of the passage of the Bill through Parliament, we expect the duties
to come into force in December 2006.
The Disability Rights Commission will publish
a Code of Practice (as they have done for other service providers)
to help the transport industries understand and meet the new duties.
Major stakeholders, including representatives from the affected
sectors and disabled people, will be involved in the drafting
of the Code which will be subject to a public consultation exercise
in due course. We would expect the Code to be available around
12 months in advance of the duties coming in to force.
The powers to be included in the Bill will allow
the Government to extend the provisions of Part 3 to other modes
of transport, such as aviation and shipping, without the need
for further primary legislation should the current voluntary codes
of practice prove ineffective.
Setting an "end date" and other changes
to the Rail Vehicle Accessibility Regulations 1998 (RVAR)
RVAR apply to all trains first coming into service
after 31 December 1998 and specify a wide range of features to
make rail vehicles (including underground, light rail and trams)
accessible to disabled people.
The current legislation does not allow for an
"end date" to be set for all vehicles to comply with
the Regulations. Nor does it provide for them to apply to the
refurbishment of rail vehicles. Measures to remedy this were not
included in the draft Bill when it was published in December 2003
because initial consultation on proposals was not completed until
January 2004. However, during pre-legislative scrutiny, the Government
confirmed its commitment to include provisions in the Disability
Discrimination Bill when it was formally introduced.
Setting an "end date" will enable
disabled people to be clear about when all trains will be fully
compliant. They would also benefit from the improvements that
would be made possible through the requirement for vehicles to
be refurbished to the standard set by RVAR before existing trains
had to be replaced in order to meet the end date.
The measures also include changes to the RVAR
regime enabling the Government to improve the way RVAR is enforced
and streamline the procedures for exemptions. These measures will
benefit both the rail industry and disabled passengers.
The Government intends to consult on draft regulations
during the passage of the Bill through Parliament and will seek
to introduce these new measures as soon as possible after Royal
Assent. Revised guidance will also be issued for the rail industry
to help them understand and implement the Bill's provisions.
Blue Badge Parking Scheme
There are two measures on the Blue Badge Scheme
which will be included in the Bill. These will:
— replace the word "institutional"
used currently to describe an organisation that works with disabled
people for the more acceptable term "organisation";
and
— make provision for reciprocal arrangements,
so that disabled visitors within the EU and certain other countries
can enjoy the parking concessions provided in England and Wales
by displaying the disabled persons' badge issued under their own
national scheme. (Reciprocal provisions have already been enacted
in Scotland). The provision would also allow for those using such
badges to be subject to the same enforcement provisions as apply
to holders of domestic badges.
INTERPRETATION OF
THE DDA
The Department is not aware that the Act is
being interpreted in unexpected or inappropriate ways in relation
to transport.
HEALTH AND
SAFETY ISSUES
It is clearly important that health and safety
considerations should be applied not only to protect transport
staff but also to ensure that disabled people and other passengers
are afforded the necessary protection. Health and safety should
not, however, be used as an excuse not to make appropriate provision
for disabled people.
Under Part 5 of the DDA, the requirements are
set out in detailed recommendations which have resulted from research
and consultation. We believe the standards which have been set
strike a reasonable balance between the needs of disabled people
and the operational requirements, including consideration of health
and safety, of the industry.
The Committee's press notice indicates that
there has been controversy over the use of barrow crossings at
railway stations. The Health and Safety Executive is aware of
this issue and believe that, when installed and properly used,
they should not represent a danger to disabled people wishing
to cross between platforms.
Subject to Parliamentary approval, lifting the
transport exemption from Part 3 of the DDA will ensure that issues
of health and safety have to be considered in determining what
can reasonably be done to make services accessible to disabled
people. The Government would expect the Disability Right's Commission's
Code of Practice to reflect that point.
IMPACT ON
SERVICE PROVISION
In the absence of specific cases it is difficult
to offer comment. However, the Government is not aware of any
reduction in services as a result of changes under the DDA. The
Committee's press notice referred to the withdrawal of a "hail
and ride" bus service because it was not accessible to partially
sighted people. There is certainly nothing in the transport provisions
of the Act which would have that effect, nor are we aware of any
such case.
Department for Transport
November 2004
4 Sixth Report from the Transport Committee, Session
2003-04, Disabled People's Access to Transport, HC 439, Ev 19
and 34. Back
5
DRTF recommendations. Back
6
The Government's Response to the Report of the Joint Scrutiny
Committee on the Draft Disability Discrimination Bill, Department
for Work and Pensions, July 2004, Cm 6276, £8.00. Back
| 
