Memorandum from the Department for Transport
(DDB 10)
GOVERNMENT POLICY
The Government is committed to comprehensive
and enforceable civil rights for disabled people.
Providing an accessible public transport system
in which disabled people can have the same opportunities to travel
as other members of society is a key plank in the Government's
policy. Without it disabled people will be limited in their ability
to travel to work, visit friends and family or access healthcare
facilities.
The Government's 10 Year Transport Plan includes
a commitment to making access for disabled people a condition
of public investment in transport. The Department for Transport
(DfT) is monitoring local authority expenditure under the Local
Transport Plan (LTP) process to establish how well that commitment
is being delivered and to consider what, if any, further action
is needed to ensure that accessibility for disabled people is
addressed in all new projects.
Powers in the Disability Discrimination Act
1995 (DDA) enable the Secretary of State to make accessibility
regulations for public transport vehicles—buses and coaches,
rail vehicles and taxis.
PROGRESS TO
DATE WITH
IMPLEMENTING TRANSPORT
PROVISIONS OF
THE DDA
Trains
Regulations covering access to new passenger
rail vehicles came into force on 1 January 1999. In the last two
years 1,100 new vehicles have entered service with a further 1,000
expected this year.
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. Compliance
date differ for different vehicle types:
— Since 31 December 2000, new full
size single deck buses over 7.5 tonnes and double deck buses have
been required to be fully accessible to disabled people, including
wheelchair users.
— All full size single deck buses over
7.5 tonnes will be fully accessible from 1 January 2016, and all
double deck buses from 1 January 2017.
— Also since 31 December 2000, new
buses weighing up to 7.5 tonnes and coaches have been required
to have improved access for ambulant and sensory impaired passengers,
and will have wheelchair access from 2005.
— All buses weighing up to 7.5 tonnes
will be fully accessible from 1 January 2015 and coaches by 1
January 2020.
Taxis and private hire vehicles
On 28 October 2002 Tony McNulty announced the
policy direction for introducing taxi accessibility regulations.
Further consultation on the full package, including vehicle specifications,
will follow. In the meantime, section 37 of the DDA has been brought
into force requiring taxi drivers to accept assistance dogs and
to carry them free of charge. Similar provisions, under section
37A of the Act, which apply to operators and drivers of private
hire vehicles, come into effect on 31 March 2004.
OTHER RECENT
DEVELOPMENTS
In March 2003 the DfT published a code of practice
for the aviation industry on meeting the needs of disabled people.
The Code has been introduced on a voluntary basis, but there is
a commitment to legislate if that approach proves ineffective.
In addition it is understood that the European Commission will
be bringing forward proposals to outlaw discrimination against
disabled people in air travel. The details of their proposals
are not yet known.
DISABILITY RIGHTS
TASK FORCE
(DRTF) RECOMMENDATIONS
The DRTF's report, "From Exclusion to Inclusion",
included nine recommendations relating to transport. Most of the
recommendations calling for Government action have already been
acted upon including:
— placing LTPs on a statutory footing;
— introduction of regulations to require
carriage of assistance dogs, free of charge, in taxis;
— review of the disabled persons' parking
scheme; and
— publication of the code of practice
for the aviation industry.
In addition, the Government's statutory advisers
on the transport and mobility needs of disabled people—the
Disabled Persons Transport Advisory Committee (DPTAC) have:
— been looking at the accessibility
of private hire vehicles; and
— developed proposals to review the
access provision for disabled people in the shipping industry.
Action on the remaining recommendations which
all relate to amending the DDA, including changes to the transport
exemption in Part 3 of the Act, are also being pursued. On 3 November
2003 the DfT published a consultation paper setting out proposals
for the introduction of an "end date" by which time
all rail vehicles must comply with the Rail Vehicle Accessibility
Regulations 1999. The paper also sets out proposals for the introduction
of accessibility regulations, which would impose certain requirements
on rail vehicles when they are refurbished. The consultation ended
on 26 January 2004. Subject to the outcome of the consultation,
these measures will be included in the Disability Discrimination
Bill when it is introduced. Responses are currently being analysed
and the Minister expects to be able to say more on this when he
gives evidence.
PART 3 CONSULTATION—PURPOSE
AND OUTCOME
The DRTF was concerned about the existing exemption
for transport services in Part 3 of the DDA, which covers discrimination
in relation to goods, facilities and services, and called for
its removal, at least in part, in future legislation. This would
also allow for car hire services and breakdown services to be
brought within the scope of the legislation; another DRTF recommendation.
The Government also accepted this recommendation
and was pleased that the DRTF had recognised that it would not
generally be appropriate to apply to vehicles the provisions of
Part 3 requiring physical alterations: Part 5 of the DDA already
provides for specific technical regulations for public transport
vehicles.
The DfT published a consultation paper on the
proposed changes to Part 3 in November 2002. The consultation
period ran until the end of February 2003.
In general, the transport industry reported
that they were already meeting the spirit of the legislation.
Perhaps for that reason there were no significant objections to
the proposals. Some industry respondents were concerned about
the concept of "reasonableness" which is embodied in
Part 3 and what that might mean in terms of delivery: the Part
5 provisions, with which they are more familiar, are more clearly
defined. The intention is to address these concerns in a code
of practice that the Disability Rights Commission would produce
for transport services; the DRC has already produced a code for
other service providers. Ultimately, it is a matter for the courts
to determine "reasonableness".
Following the consultation the Government decided
to accept the view of many respondents that tourism and leisure
transport service should also be brought within the scope of Part
3.
THE DRAFT
DISABILITY DISCRIMINATION
BILL
The draft Disability Discrimination Bill includes
provision for transport services—including car hire services
and breakdown services—to be brought within the scope of
Part 3.
The draft bill, in Clause 3, will replace the
existing transport exemption in the Disability Discrimination
Act 1995 ("DDA") with a new provision which will clarify
the extent of the exemption—to transport vehicles—and
will allow for that exemption to removed in regulations. This
will help to remove uncertainty about the extent to which the
DDA already covers transport infrastructure.
The Government proposes initially to make regulations
covering public transport services—buses and coaches, trains
(including trams and light rail), taxis and private hire vehicles.
For aviation and shipping, regulations would be made only if the
voluntary approach is ineffective; monitoring of compliance with
codes of practice is underway.
The Government is also committed to applying
Part 3 to tourism and leisure transport services, car hire services
and breakdown services.
When regulations are made it will be illegal
for those operators affected to:
— 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;
— treat disabled people less favourably,
either in the standard of service, the manner, or in the terms
on which the service is provided—for example, if a transport
operator requires a disabled person to pay a higher charge for
a service; or
— fail to make a reasonable adjustment
to the way they provide their services—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.
In advance of implementation the DfT will be
working with the DRC in drawing up a Code of Practice for industry
which will help them to understand the duties and to develop appropriate
responses to them. As with other Codes the aim would be to have
it ready in advance of the introduction of the new requirements.
The Government intends to bring these provisions
into force as soon as practicable after Royal Assent and to have
draft regulations available for consultation when the Bill is
formally introduced. The shape of those regulations is being developed,
but is likely that they will be fairly straightforward defining
the vehicles for which the exemption is being lifted and extent
to which the Part 3 provisions will apply.
February 2004
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