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DPTAC response to the Highways Agency consultation on Policy for Service Areas and Other Roadside Facilities on Motorways and All-Purpose Trunk Roads in EnglandThis Document has also been made available in Adobe Acrobat and MS Word formats for downloading. Adobe Acrobat version: DPTAC response (100k) Introduction1. The Disabled Persons Transport Advisory Committee (DPTAC) welcomes the opportunity to comment on this consultation by the Highways Agency on policy for service areas and other roadside facilities on motorways and all-purpose trunk roads in England. The availability and nature of opportunities for rest and service provision are fundamental to the ability of disabled people to travel - both as drivers and as passengers in cars and coaches. Motorway Service Areas also offer employment opportunities for disabled people. 2. Disabled people and those with a long-term illness account for over 10% of the population. With this in mind, Government set up DPTAC under the Transport Act 1985 to advise it on the transport needs of disabled people. Our aim is to ensure that disabled people can go where everyone else goes and that they can do so easily and without extra cost. We would like to see this happen by 2020. However, it is important to note that disabled people are not an homogenous group with identical needs. The needs of people with mental health problems or learning disabilities are distinct from those of wheelchair users for example. Even among people with similar impairments, needs vary, for example, profoundly deaf people will not benefit from induction loops. 3. Meeting the transport needs of disabled people by providing inclusive transport infrastructure will be of considerable economic benefit to the country; both allowing them to exert this spending power and enabling them to become or remain part of the country's workforce. We have attached more details of the numbers of disabled people in the UK and the nature of their disabilities as an appendix to this response. 4. We have four overarching principles on which we base our advice to the government, other organisations and disabled people. Those principles are that:
5. These principles are the basis of our response to this consultation. Key issues in the consultationScope of the consultation6. DPTAC very much welcomes this opportunity to comment on the Highways Agency's consultation on policy for service areas and other roadside facilities on motorways and all-purpose trunk roads in England. However, we are concerned about the apparent low level of attention given to the needs of disabled people in the consultation. We would, for example, have expected to see reference in the Executive Summary highlighting the need for motorway facilities to be fully inclusive. This is a matter which will have to be addressed under the new Disability Equality Duty contained in the Disability Discrimination Act 2005 which has applied to all of the Highways Agency's functions since 4 December 2006. Future consultation7. DPTAC welcomes the Highways Agency's commitment that any revised guidance to replace the current Roads Circular 1/94 and MSA Policy Statement on July 1988 will be the subject of further consultation. 8. DPTAC would also expect that work on individual motorway service areas, including the provision of additional areas, will be carried out inclusively and accessibly, with the full involvement of disabled people and their representative organisations. Introduction (Pages 6-7)9. Before going on to comment on the nine specific issues, we agree with the overall policy objective that the provision of roadside facilities should be maintained and enhanced, so as to improve services for motorists, and lorry drivers, but that service stations should not become destinations in their own right. We also agree that this can be achieved through the operation of motorway service areas by the Highways Agency, leasing of service areas to private operators, or by wholly privately provided services, subject to the considerations below. However, while we note there is reference in the Introduction to the need to improve facilities for lorry drivers, we are surprised there is also no reference to improving conditions for disabled travellers. This is particularly important in the light of the enhanced requirements under the Disability Discrimination Acts. Part 3 of Disability Discrimination Act10. Since 4 December 2006, it has been unlawful for transport operators to discriminate against disabled people using buses, coaches, trains, taxis, car hire and vehicle recovery services. Operators must also make reasonable adjustments to their services so that disabled people can use them. This is a consequence of lifting the exemption that transport had from part 3 of the Disability Discrimination Act 1995. It is possible that this might increase the number of disabled people using motorways, through the increased accessibility of coaches, hire cars and vehicle recovery services, but that number is already substantial. Vehicle accessibility11. Another factor that will influence the use by disabled coach passengers of motorway service areas is the deadlines that apply to the Public Service Vehicle Accessibility Regulations[1]. These require that all new coaches on scheduled services meet accessibility standards from January 2005 and that all coaches on those services should meet accessibility requirements by 2020. Disability Discrimination Act 2005 and the Disability Equality Duty12. It is timely that the Highways Agency is reviewing motorway service area provision, as the implications of the Highways Agency's work for disabled people have recently been the subject of the Department for Transport's Disability Equality Scheme[2], which incorporated the Highways Agency's own action plan. 13. Our understanding of the Disability Discrimination Act 2005 is that the Department for Transport is subject to both the general duty and the specific duties under the Act, and that these duties cover the functions of the Highways Agency. The Secretary of State for Transport is also subject to the "general duty" and he has specific duty to report on progress. The range of functions for which the Highways Agency is responsible is such that we would expect the Highways Agency to be involved in supporting the Secretary of State in his specific duties. The first report is due by 1st December 2008 and every three years thereafter. 14. In terms of the general duty, the decisions and actions of the Highways Agency in respect of motorway services will have to have due regard to the six principles of:
15. Not only is there an expectation of positive action, but the duty is retrospective - the Highways Agency will be expected to take action to rectify the consequences of past decisions and actions that failed to give due regard to disability equality. This could include the failure to take account of the needs of disabled people in planning for and providing services in motorways service areas. 16. We note that the Highways Agency's Disability Equality Scheme states that it will "carry out full impact assessments on all relevant policies, projects and strategies" and "minimise any adverse impact and maximise opportunities to promote disability" and that this includes in respect of "motorways service areas policy"[3]. DPTAC looks forward to seeing this assessment and to the opportunity of commenting on it. Background (Pages 8-10)17. The consultation document states that "subject to the outcome of the consultation, the minimum requirements which motorway service area operators must provide will remain in place ... All facilities are available to disabled people"[4]. DPTAC welcomes this assurance, which is also consistent with building regulations.[5]We note that under the heading of Legislative Framework, the point is made that motorway service areas are subject to the Planning Acts. We would stress that there is now a requirement for planning applications relating to developments such as motorway service areas to be accompanied by an Access Statement. 18. DPTAC would like to take this opportunity to remind the Highways Agency that the "public authorities" covered by the duty to promote disability equality include any organisation which exercises some functions of a public nature such as a private company which is brought in by the Highways Agency to run a motorway service area, which would be exercising a function of a public nature[6]. It is important that this is made clear during the procurement process. Existing practice19. While we welcome the requirement under Existing Policy for all facilities to be available to disabled people, DPTAC has received anecdotal evidence that facilities at present in motorway service areas are not as accessible as they might be. We have, for example, received reports that toilets accessible to disabled people can be located far from the parking area and beyond the sales area, and that ramps can be excessively long without resting places. This can limit their accessibility and usefulness to some disabled people. 20. In addition, it appears to be the case that in some motorway service areas, there are not always rest facilities that are inside or under cover, with suitable seating where people with special diets may be permitted to consume their own food. 21. We also understand that there may not always be an assistance scheme both in food and retail service areas so that disabled people can be afforded appropriate support. 22. Consideration could also be given to the needs of disabled people in the selection of food and beverages, for example by providing better choice for diabetics and those on other special diets. 23. Other services that can be crucial to disabled people's enjoyment of a motorway service area include the quality, rigour and consistency of parking enforcement, and the means used to publicise and promote the facility. 24. In 1998, DPTAC produced a Code of Practice on Facilities for Disabled Motorists at Filling Stations. Although still available on our website[7], this document is due for review. However, it does contain some useful advice on some of the services we would expect to be provided at motorway service areas. 25. The disabled drivers' organisation MOBILISE and its predecessors have also reported that some disabled drivers who are not able to use chip and pin payment facilities, either because of their impairment or because of the positioning of the card reader unit, have been denied access to services at filling stations[8]. 26. One way of resolving this would be for the Highways Agency to determine an approved procedure to obtain assistance to purchase fuel including better use of the service call system, use of hazard lights and marked disabled bays in which a driver could wait for assistance. Any such system would better still if the Highways Agency could promote it for wider adoption by petrol outlets nationwide. Issue 1 - Determining need27. We see a role for the Highways Agency not only in providing advice on the need for motorway service areas but also in monitoring the nature and quality of existing facilities including identifying deficiencies in provision. Obviously in the case of DPTAC we are particularly concerned about deficiencies in provision for disabled travellers. We believe in fact that under the Disability Equality Duty, the Agency would be under an obligation to monitor and report on existing facilities. Such monitoring would inevitably improve the quality of service areas. Issue 2 - Spacing of motorway service areas28. Comments are invited on the provision of motorway service areas at frequencies greater than the current recommended intervals of 30 miles, and the provision of rest areas with a reduced range of services. 29. For example in 2004 the RAC Foundation[9] recorded its members' belief that the present level of provision was barely adequate at best and dangerously inadequate at times of increased demand, with 64% of respondents to one survey wishing to see more rest and service areas on motorways. With the greater numbers of travellers now using motorways and the increasing proportion of disabled travellers in particular, we agree with the national motoring organisations that there is a strong case for increasing the number of motorway service areas. 30. DPTAC considers that the Highways Agency should take traffic flows and travel times into account in determining the spacing of motorway service areas. 31. On the issue of infill sites between existing motorway service areas, DPTAC considers that there is a case for providing such areas with a reduced range of facilities which would be in line with practice in other parts of Europe. However all facilities that are provided should be fully accessible at all times to disabled drivers and passengers. Issue 3 - Signing32. We have no views on the commercial nature of signing but it is absolutely essential that disabled users can travel with confidence knowing exactly what facilities and level of assistance they can expect. These facilities and the assistance need to be available at all times that the service area is open for business. Issue 4 - Retail activities33. We have no view on the maximum level of retail floorspace but rather on the range of goods that should be available and even more importantly, the availability of assistance for disabled customers. In practice disabled people have the same needs as other travellers - but they may need lower counters, more space to deploy mobility aids and assistance with purchasing and in carrying goods and conveying food/drink to tables. Catering in some service areas in continental Europe is based on waitress service only with food/drink ordered on entry but it is then brought to the table. This approach has much to commend from our point of view. Issue 5 - Standards of facilities34. DPTAC agrees with the suggestion that a system is set in hand for the inspection of facilities at motorway service areas, as is carried out in some other parts of Europe. We are not aware of any evidence that the suggested provision of additional motorway service areas will of itself generate sufficient competition to drive up standards. 35. We believe that such inspection regimes would help fulfil the obligations on the Highways Agency under the Disability Equality Duty. We agree that an external organisation should carry out these inspections, in preference to self-regulation, and that inspections should include assessments by appropriately trained staff of the accessibility of the facilities to disabled people. Finally, we would expect the Highways Agency to publish the results of the inspections. Issue 6 - Park and ride36. We are aware of at least one existing example of park and ride operating from a motorway service area - at Harthill Services on the M8 in Scotland. In this case the facility serves a wide rural area with no access to train services and limited public transport. We believe that provided the coaches are accessible and are complemented by accessible infrastructure, such a concept has much to offer in promoting Green Travel and enhancing travel opportunities for disabled people. Issue 7 - Motorway picnic areas37. Our only comment on this is to reiterate that any facilities that are provided should be fully accessible by disabled people. Disabled people can feel particularly vulnerable to anti-social behaviour and we would accept that such areas might only be open during hours of daylight. Issue 8 - All purpose trunk road service areas38. There are many trunk roads that have the nature of motorways and there can be long distances between rest facilities. To the list of anticipated facilities we would only add that we would expect all such facilities to be fully accessible to disabled people. Issue 9 - Provision and use of laybys39. We are concerned about the safety aspects relating to laybys and the protection of people using them. We believe that laybys should be segregated for the carriageway by a kerbed island. This of course means that the layby then has to be wide enough to allow moving vehicles to pass those that are parked. However, this extra width would also help in accommodating the needs of disabled travellers disembarking and embarking vehicles. Further comments40. DPTAC recommends that, as part of its work under the Disability Equality Duty, the Highways Agency and its agents and franchisees collect data on the use of motorway service areas by disabled drivers and customers. 41. At present, there is no legal requirement to carry out access audits to any new or major reconfiguration of highway developments, as there is, for example, to carry out a health and safety audit. DPTAC recommends that the Highways Agency carries out such audits as part of its disability equality duty, including the development of motorway service areas. 42. The 1998 Motorway Service Area Policy Statement states that "In design terms, [motorway service area] schemes should ... achieve building designs which take account of the needs of users, including those of disabled people". DPTAC recommends that future guidance includes more specific and detailed reference to design and use access statements that specify how a motorway service area is used throughout its life (see also comments in paragraph 17 above). 43. The Highways Agency should ensure that standards at least meet, and where possible exceed, those of Part M, and BS8300. For example, pedestal toilets are likely to be more accessible than right or left sided designs. MENCAP has developed a specification for a toilet for use by people with profound and multiple learning disabilities[10] and their carers, which it recommends for use in motorway service areas. 44. Standards should apply to the whole area and not just the building, making use of "Inclusive Mobility"[11] and other guidance where appropriate. Need for further data45. DPTAC recommends that, as part of its work under the Disability Equality Duty, the Highways Agency and its agents and franchisees collect data on the use of motorway service areas by disabled drivers and customers. Conclusion46. DPTAC welcomes the opportunities presented by the consultation on the policy for service areas & other roadside facilities on motorways & all-purpose trunk roads in England. It is particularly timely given the introduction of the disability equality duty. We recommend that there should be a clear and highlighted statement early in any new guidance recognising the commitment to provide services that are accessible to disabled people, and strategies throughout it to meet that commitment. 47. Broadly disabled people need to be able to identify motorway service areas, access them, and, when there, be able to park, rest, clean themselves up, take hot or cold refreshment, use toilets, purchase fuel, oil, water, compressed air for tyres, be able to check and if necessary make simple repairs to a vehicle, obtain simple spares for a vehicle (such light bulbs, wipers, fan belts); use telephone, and purchase street maps for areas close to the service area with the same ease as everyone else. Grahame Lawson, Chair of Personal Mobility and Local Authority Working Group Tel: 020 7944 8012 E-mail: dptac@dft.gsi.gov.uk AppendixDisabled people in the population1. DPTAC's principal concern is to ensure accessibility for disabled people. By this, we mean inclusive transport systems that are easy to reach, use and understand by all, in safety and comfort. 2. Disabled people and those with a long-term illness account for some 10% of the population, including people with limiting longstanding illnesses; of which, 4.6 million are over state pension age and 700,000 are children. While higher numbers of children[12] are being born and living with impairments than ever before[13], levels of disability do increase with age. 3. Currently 985,000 people live with learning disabilities[14]. 796,000 of these are adults aged 20 or over. The adult figure will increase to 855,000 (plus 7%) in 2011 and 891,000 (plus 11%) in 2021. It has been estimated that some 7 million adults have literacy problems. 4. Using a broad definition of disability, an Omnibus Survey by the Department of Social Services reported that the provisions of the Disability Discrimination Act 1995 covered approximately 11.7 million people, including 6.5 million people of working age. Multiple disabilities were common, as illustrated by prevalence figures indicating that a third reported sensory deficits, a third learning difficulties, half mobility problems and roughly as many impaired physical co-ordination. Long-term illnesses such as Alzheimer's disease and mental illness were included in the estimated total number of people affected by disability[15]. 5. Disabled people are not an homogenous group with identical needs. The needs of people with mental health problems or learning disabilities are distinct from those of wheelchair users for example. Even among people with similar impairments, needs vary, for example, profoundly deaf people will not benefit from induction loops. 6. Disabled people live throughout the community. One in four households has a disabled resident[16]. The need for access for disabled people is not limited to specific areas, but is present throughout the wider transport system. Population trends in disability7. The number of people over state pension age is projected to increase by 11.9% from 10.9 million in 2002 to 12.2 million in 2011 and the population aged 80 and over is projected to grow from 2.5 million in 2002 to nearly 5 million by 2031[17]. The proportion of the working population will increase, as retirement ages advance. Over the same period that will bring about these changes in the population profile, the overall population will increase by about 9%. 8. The Department for Work and Pensions estimated in 2004 that disabled people have a spending power of around £80 billion each year[18]. Planning strategically to design transport facilities that meet the needs of disabled people is likely to further increase this amount, as more disabled people become creators of the national wealth, rather than consumers of its state benefits. 9. Meeting the transport needs of disabled people by providing inclusive transport policies and infrastructure will be of considerable economic benefit to the country; both allowing them to exert this spending power and enabling them to become or remain part of the country's workforce. 10. The mobility of disabled people is also a precondition for the achievement of a wide range of government objectives such as safe and independent living; full participation in civil society; and the maintenance of good physical and mental health through access to recreational and cultural facilities. Some of these links were brought out in the Prime Minister's Strategy Unit's report "Improving the Life Chances of Disabled People"[19], and in our response to it[20].
1: Guidance published 2000 at www.dft.gov.uk/transportforyou/access/buses/pubs/psvar/accessibilityregulations20005993. |
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