DDB 133 Department for Transport - Further
Evidence
Sue Sharp
Mobility and Inclusion Unit
Department for Transport
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2 April 2004
Jake Vaughan
Secretary to the
Joint Scrutiny Committee on the
Draft Disability Discrimination
Bill
At Wednesday's evidence sessions a
number of points were raised on which the Committee may wish to
have further clarification. For ease of reference I have brigaded
them below by subject.
Part 3
On timing, we are proposing that the
exemption would be lifted at the same time, and as the Minister
indicated, as soon as practicable after Royal Assent for all public
transport services - buses and coaches, trains (including trams
and light rail), taxis and private hire vehicles - along the lines
the Minister explained.
For car hire we envisage that in addition
to the Part 3 sections dealing with gratuitous discrimination
and policies, procedures and practices, we would apply the duty
to take reasonable steps in terms of supplying auxilliary aids
and also the requirement, where reasonable, to make physical alterations
to accommodate disabled people. In terms of the point raised by
Lord Tebbit on wheelchair accessible vehicles for disabled passengers,
or indeed drivers, this would be subject to reasonableness. I
would point out that we have no powers under Part 5 of the Act
to introduce accessibility regulations for hire cars.
Rail
As the Minister mentioned the consultation
which ended on 26 January marked the first phase in the consultation
on establishing an "end-date" for compliance with RVAR.
It would be our intention, subject to final decisions on the outcome
of that consultation, to have draft regulations on the end date
and refurbishment requirements when the Bill is formally introduced.
There would then be no delay in implementing the requirements
as soon as practicable after Royal Assent.
The Minister was asked for details
of projected replacement patterns for rolling stock over the next
20-30 years. The attached chart shows the numbers of heavy rail
vehicles not covered by the RVAR from 2013 to 2030. The information
is based on the current 'book life' of the vehicles and some of
them could remain in service beyond this date. I should also add
that these are the most recent figures which we have only received
in the last couple of weeks.
Aviation
The research on compliance with the
aviation code of practice is due to report in the second half
of 2005.
On the question of responsibility for
boarding disabled passengers that is currently the responsibility
of the airlines. Some will self-handle, as British Airways, while
others sub-contract those duties to a ground handling company.
There is no suggestion that the draft Bill, were its provisions
to be used in respect of airlines, would impact on that arrangement.
The Committee may be interested to
know that the European Commission are planning to publish a draft
proposal later this year on assistance to disabled people. Their
initial thinking which they have shared with Governments, industry
and disability interests, proposes that the airports should be
responsible for providing assistance, but that the costs of that
service should be re-couped from airlines. Until we see their
formal draft proposal, however, we do not know whether that position
will be changed.
On restricting numbers of disabled
people, there are already operating standards for the airline
industry which recommend the maximum number of disabled passengers
according to the number of emergency exits. In practice different
airlines interpret those requirements according to their particular
policies. If the legislation were to be applied to airlines then,
like other service providers, they would have to be able to demonstrate
that their policy was reasonable in terms of the DDA and any other
domestic or international safety legislation. This would not be
an issue that would be addressed in our regulations though it
may be something the DRC would want to cover in their code.
I hope this covers the points outstanding
from Wedneday's session
Yours sincerely
Sue Sharp
Mobility and Inclusion Unit
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