Memorandum by Network Rail (DAF 22)
DISABLED PEOPLE'S
ACCESS TO
TRANSPORT
Further to your request for a memorandum setting
out information regarding disabled people's access to transport,
I am pleased to outline details regarding the areas of information
that you requested.
— Network Rail's view of its responsibilities
under the Disability Discrimination Act.
Network Rail, like all other station operators,
is required to have due regard to the Strategic Rail Authority's
Code of Practice "Train and Station Services for Disabled
Passengers" (February 2002), when providing facilities or
services for passengers with disabilities. In addition, it is
a condition of Network Rail's station licence that it establishes
and complies with a Disabled People's Protection Policy in relation
to the stations it manages.
Under the DDA, train operators are the service
provider at stations where they are the Station Facility Operator
("SFO") and will be responsible for addressing the DDA
at these stations. Network Rail is the SFO and service provider
at the 17 stations it directly manages and at these stations Network
Rail's responsibility also extends to the station services that
are subcontracted to TOCs, such as mobility assistance.
Where areas have been let to commercial tenants
or another train operator (eg catering or ticketing), it is for
the SFO—be it the Train Operator or Network Rail—to
encourage tenants to comply with the Code and for tenants to meet
the requirements of the DDA.
Network Rail, as the landlord at stations leased
to train operators and of leased areas within stations it directly
manages, is responsible under the DDA to not unreasonably withhold
consent to changes that tenants wish to make to abide by the law.
— Current policy about disabled access
to the rail network.
Achieving a more accessible rail network requires
the active co-operation of all industry parties. We believe it
is self-evident that improving access for disabled people improves
access for all passengers.
Our efforts for meeting the requirements of
the DDA are focused, as outlined above, where Network Rail is
the service provider. With regards stations this consists of our
17 managed stations, of which around 70% of all passenger journeys
make use.
Accessibility at Network Rail managed stations
is near to 100%. Surveys at each station have recently been undertaken
to determine what elements remain inaccessible. We have taken
an operational approach to resolve any issues through existing
management arrangements with assistance from an implementation
manager.
In the few areas where there are physical barriers
at managed station, we have taken practical steps to overcome
these, such as staff assistance and correction of signs.
At leased stations, as the landlord of non-common
areas and commercial retail units, our main responsibility under
the DDA is not to unreasonably withhold consent to changes that
the SFO tenant wishes to make to abide by the law.
— Network Rail's policy on the provision
and use of level and barrow crossings.
At level crossings and other track crossings
not within station boundaries and to which the public have access,
Network Rail is likely to be considered the service provider for
the purposes of section 19 of the DDA. We are therefore obliged
to take "reasonable steps" to enable people with a disability
to use our public crossings or provide a reasonable alternative.
In 2003 Network Rail commissioned Fieldfare
Trust, disability access consultants, to identify the issues that
face disabled people in using level crossings and to make appropriate
recommendations for change.
The Fieldfare recommendations proposed the adoption
of British Standard BS 8300: 2001 and the Countryside for All
Standard as minimum standards for all areas of Network Rail property
associated with level crossings. Network Rail has commenced work
on a programme of accessibility awareness directed specifically
at level crossing risk specialists.
Barrow crossings at leased stations may assist
with making platforms at a station accessible. However, it is
for the SFO to undertake this assessment and to determine, in
conjunction with Network Rail, whether the crossing is of an appropriate
standard so that it can be used safely.
Generally Network Rail does not support reliance
on barrow crossings for this purpose unless it can be shown that
all risks have been mitigated—which is likely to require
staffing by the SFO of the barrow crossing.
Iain Coucher
Deputy Chief Executive
November 2004
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