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Equality Bill


Equality Bill
Part 12 — Disabled persons: transport
Chapter 2 — Public service vehicles

112

 

(2)   

A power to make regulations under paragraph (c) or (d) of the definition of

“assistance dog” in subsection (1) is exercisable by the Secretary of State.

Chapter 2

Public service vehicles

174     

PSV accessibility regulations

5

(1)   

The Secretary of State may make regulations (in this Chapter referred to as

“PSV accessibility regulations”) for securing that it is possible for disabled

persons—

(a)   

to get on to and off regulated public service vehicles in safety and

without unreasonable difficulty (and, in the case of disabled persons in

10

wheelchairs, to do so while remaining in their wheelchairs), and

(b)   

to travel in such vehicles in safety and reasonable comfort.

(2)   

The regulations may, in particular, make provision as to the construction, use

and maintenance of regulated public service vehicles, including provision as

to—

15

(a)   

the fitting of equipment to vehicles;

(b)   

equipment to be carried by vehicles;

(c)   

the design of equipment to be fitted to, or carried by, vehicles;

(d)   

the fitting and use of restraining devices designed to ensure the

stability of wheelchairs while vehicles are moving;

20

(e)   

the position in which wheelchairs are to be secured while vehicles are

moving.

(3)   

In this section “public service vehicle” means a vehicle which is—

(a)   

adapted to carry more than 8 passengers, and

(b)   

a public service vehicle for the purposes of the Public Passenger

25

Vehicles Act 1981;

   

and in this Chapter “regulated public service vehicle” means a public service

vehicle to which PSV accessibility regulations are expressed to apply.

(4)   

The regulations may make different provision—

(a)   

as respects different classes or descriptions of vehicle;

30

(b)   

as respects the same class or description of vehicle in different

circumstances.

(5)   

The Secretary of State must not make regulations under this section or section

176 or 177 without consulting—

(a)   

the Disabled Persons Transport Advisory Committee, and

35

(b)   

such other representative organisations as the Secretary of State thinks

fit.

175     

Offence of contravening PSV accessibility regulations

(1)   

A person commits an offence by—

(a)   

contravening a provision of PSV accessibility regulations;

40

(b)   

using on a road a regulated public service vehicle which does not

conform with a provision of the regulations with which it is required to

conform;

 
 

Equality Bill
Part 12 — Disabled persons: transport
Chapter 2 — Public service vehicles

113

 

(c)   

causing or permitting such a regulated public service vehicle to be used

on a road.

(2)   

A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 4 on the standard scale.

(3)   

If an offence under this section committed by a body corporate is committed

5

with the consent or connivance of, or is attributable to neglect on the part of, a

responsible person, the responsible person as well as the body corporate is

guilty of the offence.

(4)   

In subsection (3) a responsible person, in relation to a body corporate, is—

(a)   

a director, manager, secretary or similar officer;

10

(b)   

a person purporting to act in the capacity of a person mentioned in

paragraph (a);

(c)   

in the case of a body corporate whose affairs are managed by its

members, a member.

(5)   

If, in Scotland, an offence committed by a partnership or an unincorporated

15

association is committed with the consent or connivance of, or is attributable to

neglect on the part of, a partner or person concerned in the management of the

association, the partner or person as well as the partnership or association is

guilty of the offence.

176     

Accessibility certificates

20

(1)   

A regulated public service vehicle must not be used on a road unless—

(a)   

a vehicle examiner has issued a certificate (an “accessibility certificate”)

that such provisions of PSV accessibility regulations as are prescribed

are satisfied in respect of the vehicle, or

(b)   

an approval certificate has been issued under section 177 in respect of

25

the vehicle.

(2)   

Regulations may make provision—

(a)   

with respect to applications for, and the issue of, accessibility

certificates;

(b)   

providing for the examination of vehicles in respect of which

30

applications have been made;

(c)   

with respect to the issue of copies of accessibility certificates which

have been lost or destroyed.

(3)   

The operator of a regulated public service vehicle commits an offence if the

vehicle is used in contravention of this section.

35

(4)   

A person guilty of an offence under this section is liable on summary

conviction to a fine not exceeding level 4 on the standard scale.

(5)   

A power to make regulations under this section is exercisable by the Secretary

of State.

(6)   

In this section “operator” has the same meaning as in the Public Passenger

40

Vehicles Act 1981.

 
 

Equality Bill
Part 12 — Disabled persons: transport
Chapter 2 — Public service vehicles

114

 

177     

Approval certificates

(1)   

The Secretary of State may approve a vehicle for the purposes of this section if

satisfied that such provisions of PSV accessibility regulations as are prescribed

for the purposes of section 176 are satisfied in respect of the vehicle.

(2)   

A vehicle which is so approved is referred to in this section as a “type vehicle”.

5

(3)   

Subsection (4) applies if a declaration in the prescribed form is made by an

authorised person that a particular vehicle conforms in design, construction

and equipment with a type vehicle.

(4)   

A vehicle examiner may issue a certificate in the prescribed form (an “approval

certificate”) that it conforms to the type vehicle.

10

(5)   

Regulations may make provision—

(a)   

with respect to applications for, and grants of, approval under

subsection (1);

(b)   

with respect to applications for, and the issue of, approval certificates;

(c)   

providing for the examination of vehicles in respect of which

15

applications have been made;

(d)   

with respect to the issue of copies of approval certificates in place of

certificates which have been lost or destroyed.

(6)   

The Secretary of State may at any time withdraw approval of a type vehicle.

(7)   

If an approval is withdrawn—

20

(a)   

no further approval certificates are to be issued by reference to the type

vehicle; but

(b)   

an approval certificate issued by reference to the type vehicle before the

withdrawal continues to have effect for the purposes of section 176.

(8)   

A power to make regulations under this section is exercisable by the Secretary

25

of State.

(9)   

In subsection (3) “authorised person” means a person authorised by the

Secretary of State for the purposes of that subsection.

178     

Special authorisations

(1)   

The Secretary of State may by order authorise the use on roads of—

30

(a)   

a regulated public service vehicle of a class or description specified by

the order, or

(b)   

a regulated public service vehicle which is so specified.

(2)   

Nothing in sections 174 to 177 prevents the use of a vehicle in accordance with

the order.

35

(3)   

The Secretary of State may by order make provision for securing that

provisions of PSV accessibility regulations apply to regulated public service

vehicles of a description specified by the order, subject to any modifications or

exceptions specified by the order.

(4)   

An order under subsection (1) or (3) may make the authorisation or provision

40

(as the case may be) subject to such restrictions and conditions as are specified

by or under the order.

 
 

Equality Bill
Part 12 — Disabled persons: transport
Chapter 2 — Public service vehicles

115

 

(5)   

Section 207(2) does not require an order under this section that applies only to

a specified vehicle, or to vehicles of a specified person, to be made by statutory

instrument; but such an order is as capable of being amended or revoked as an

order made by statutory instrument.

179     

Reviews and appeals

5

(1)   

Subsection (2) applies if the Secretary of State refuses an application for the

approval of a vehicle under section 177(1) and, before the end of the prescribed

period, the applicant—

(a)   

asks the Secretary of State to review the decision, and

(b)   

pays any fee fixed under section 180.

10

(2)   

The Secretary of State must—

(a)   

review the decision, and

(b)   

in doing so, consider any representations made in writing by the

applicant before the end of the prescribed period.

(3)   

A person applying for an accessibility certificate or an approval certificate may

15

appeal to the Secretary of State against the refusal of a vehicle examiner to issue

the certificate.

(4)   

An appeal must be made within the prescribed time and in the prescribed

manner.

(5)   

Regulations may make provision as to the procedure to be followed in

20

connection with appeals.

(6)   

On the determination of an appeal, the Secretary of State may—

(a)   

confirm, vary or reverse the decision appealed against;

(b)   

give directions to the vehicle examiner for giving effect to the Secretary

of State’s decision.

25

(7)   

A power to make regulations under this section is exercisable by the Secretary

of State.

180     

Fees

(1)   

The Secretary of State may charge such fees, payable at such times, as are

prescribed in respect of—

30

(a)   

applications for, and grants of, approval under section 177(1);

(b)   

applications for, and the issue of, accessibility certificates and approval

certificates;

(c)   

copies of such certificates;

(d)   

reviews and appeals under section 179.

35

(2)   

Fees received by the Secretary of State must be paid into the Consolidated

Fund.

(3)   

The power to make regulations under subsection (1) is exercisable by the

Secretary of State.

(4)   

The regulations may make provision for the repayment of fees, in whole or in

40

part, in such circumstances as are prescribed.

 
 

Equality Bill
Part 12 — Disabled persons: transport
Chapter 3 — Rail vehicles

116

 

(5)   

Before making the regulations the Secretary of State must consult such

representative organisations as the Secretary of State thinks fit.

181     

Interpretation

In this Chapter—

“accessibility certificate” has the meaning given in section 176(1);

5

“approval certificate” has the meaning given in section 177(4);

“PSV accessibility regulations” has the meaning given in section 174(1);

“regulated public service vehicle” has the meaning given in section 174(3).

Chapter 3

Rail vehicles

10

182     

Rail vehicle accessibility regulations

(1)   

The Secretary of State may make regulations (in this Chapter referred to as “rail

vehicle accessibility regulations”) for securing that it is possible for disabled

persons—

(a)   

to get on to and off regulated rail vehicles in safety and without

15

unreasonable difficulty;

(b)   

to do so while in wheelchairs;

(c)   

to travel in such vehicles in safety and reasonable comfort;

(d)   

to do so while in wheelchairs.

(2)   

The regulations may, in particular, make provision as to the construction, use

20

and maintenance of regulated rail vehicles including provision as to—

(a)   

the fitting of equipment to vehicles;

(b)   

equipment to be carried by vehicles;

(c)   

the design of equipment to be fitted to, or carried by, vehicles;

(d)   

the use of equipment fitted to, or carried by, vehicles;

25

(e)   

the toilet facilities to be provided in vehicles;

(f)   

the location and floor area of the wheelchair accommodation to be

provided in vehicles;

(g)   

assistance to be given to disabled persons.

(3)   

The regulations may contain different provision—

30

(a)   

as respects different classes or descriptions of rail vehicle;

(b)   

as respects the same class or description of rail vehicle in different

circumstances;

(c)   

as respects different networks.

(4)   

In this section—

35

“network” means any permanent way or other means of guiding or

supporting rail vehicles, or any section of it;

“rail vehicle” means a vehicle constructed or adapted to carry passengers

on a railway, tramway or prescribed system other than a vehicle used

in the provision of a service for the carriage of passengers on the high-

40

speed rail system or the conventional TEN rail system;

“regulated rail vehicle” means a rail vehicle to which provisions of rail

vehicle accessibility regulations are expressed to apply.

 
 

Equality Bill
Part 12 — Disabled persons: transport
Chapter 3 — Rail vehicles

117

 

(5)   

In subsection (4)—

“conventional TEN rail system” and “high-speed rail system” have the

meaning given in regulation 2(3) of the Railways (Interoperability)

Regulations 2006 (S.I. 2006/397);

“prescribed system” means a system using a mode of guided transport

5

(“guided transport” having the same meaning as in the Transport and

Works Act 1992) that is specified in rail vehicle accessibility regulations;

“railway” and “tramway” have the same meaning as in the Transport and

Works Act 1992.

(6)   

The Secretary of State must exercise the power to make rail vehicle accessibility

10

regulations so as to secure that on and after 1 January 2020 every rail vehicle is

a regulated rail vehicle.

(7)   

Subsection (6) does not affect subsection (3), section 183(1) or section 207(4)(a).

(8)   

Before making regulations under subsection (1) or section 183 the Secretary of

State must consult—

15

(a)   

the Disabled Persons Transport Advisory Committee, and

(b)   

such other representative organisations as the Secretary of State thinks

fit.

183     

Exemptions from rail vehicle accessibility regulations

(1)   

The Secretary of State may by order (an “exemption order”)—

20

(a)   

authorise the use for carriage of a regulated rail vehicle even though the

vehicle does not conform with the provisions of rail vehicle

accessibility regulations with which it is required to conform;

(b)   

authorise a regulated rail vehicle to be used for carriage otherwise than

in conformity with the provisions of rail vehicle accessibility

25

regulations with which use of the vehicle is required to conform.

(2)   

Authority under subsection (1)(a) or (b) may be for—

(a)   

a regulated rail vehicle that is specified or of a specified description,

(b)   

use in specified circumstances of a regulated rail vehicle, or

(c)   

use in specified circumstances of a regulated rail vehicle that is

30

specified or of a specified description.

(3)   

The Secretary of State may by regulations make provision as to exemption

orders including, in particular, provision as to—

(a)   

the persons by whom applications for exemption orders may be made;

(b)   

the form in which applications are to be made;

35

(c)   

information to be supplied in connection with applications;

(d)   

the period for which exemption orders are to continue in force;

(e)   

the revocation of exemption orders.

(4)   

After consulting the Disabled Persons Transport Advisory Committee and

such other persons as the Secretary of State thinks appropriate, the Secretary of

40

State may—

(a)   

make an exemption order in the terms of the application for the order;

(b)   

make an exemption order in such other terms as the Secretary of State

thinks appropriate;

(c)   

refuse to make an exemption order.

45

 
 

Equality Bill
Part 12 — Disabled persons: transport
Chapter 3 — Rail vehicles

118

 

(5)   

The Secretary of State may make an exemption order subject to such conditions

and restrictions as are specified.

(6)   

“Specified” means specified in an exemption order.

184     

Procedure for making exemption orders

(1)   

A statutory instrument that contains an order under section 183(1), if made

5

without a draft having been laid before, and approved by a resolution of, each

House of Parliament, is subject to annulment in pursuance of a resolution of

either House.

(2)   

The Secretary of State must consult the Disabled Persons Transport Advisory

Committee before deciding which of the parliamentary procedures available

10

under subsection (1) is to be adopted in connection with the making of any

particular order under section 183(1).

(3)   

An order under section 183(1) may be made without a draft of the instrument

that contains it having been laid before, and approved by a resolution of, each

House of Parliament only if—

15

(a)   

regulations under subsection (4) are in force; and

(b)   

the making of the order without such laying and approval is in

accordance with the regulations.

(4)   

The Secretary of State may by regulations set out the basis on which the

Secretary of State, when making an order under section 183(1), will decide

20

which of the parliamentary procedures available under subsection (1) is to be

adopted in connection with the making of the order.

(5)   

Before making regulations under subsection (4), the Secretary of State must

consult—

(a)   

the Disabled Persons Transport Advisory Committee; and

25

(b)   

such other persons as the Secretary of State considers appropriate.

185     

Annual report on exemption orders

(1)   

After the end of each calendar year the Secretary of State must prepare a report

on—

(a)   

the exercise in that year of the power to make orders under section

30

183(1);

(b)   

the exercise in that year of the discretion under section 184(1).

(2)   

A report under subsection (1) must (in particular) contain—

(a)   

details of each order made under section 183(1) in the year in question;

(b)   

details of consultation carried out under sections 183(4) and 184(2) in

35

connection with orders made in that year under section 183(1).

(3)   

The Secretary of State must lay before each House of Parliament each report

prepared under this section.

186     

Rail vehicle accessibility: compliance

(1)   

Schedule 20 (rail vehicle accessibility: compliance) has effect.

40

 
 

 
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