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The Disability Discrimination Act 1995 (DDA), as amended by the Disability Discrimination Act 2005 (DDA 2005), exists to stop discrimination against disabled people in the United Kingdom. It gives disabled people new rights in the areas of employment, property and access to goods, facilities and services.
The DDA is split into 8 sections, with each part dealing with a different aspect or area of life. These are:
Part 1 - Disability
Part 2 - Employment
Part 3 - Discrimination in Other Areas
Part 4 - Education
Part 5 - Public Transport
Part 6 - National Disability Council
Part 7 - Supplemental
Part 8 - Miscellaneous
Transport is covered in the DDA in both Part 3 and Part 5, but in different ways.
This section includes disabled people's Right of Access to Goods, Facilities and Services.
In terms of transport this section relates to public transport premises and services at public transport premises, and, since 4 December 2006, public transport vehicles other than aviation and shipping.
It also means that all public transport buildings such as train stations, bus stations, airports and ferry ports must be made accessible to disabled people. It also means that any services that are provided at these places or offered by these companies must also be accessible to disabled people, for example travel information and ticket booking services.
It does not mean that all transport vehicles such as trains, buses, coaches, aeroplanes, ferries and taxis must be accessible. There are separate regulations that set out how buses, coaches and trains need to be adapted, and the dates by which this needs to be done.
The Government decided to bring in the Part 3 regulations in stages, so that businesses would have time to plan and make the necessary adjustments. The timetable set out by the Government to achieve full access for disabled people to Goods, Facilities and Services is set out below:
- Since 2 December 1996 it has been unlawful for service providers to treat disabled people less favourably for a reason related to their disability.
- Since 1 October 1999 service providers have had to make "reasonable adjustments" for disabled people, such as providing extra help or making changes to the way they provide their services.
- Since 1 October 2004 service providers have had to make "reasonable adjustments" to the physical features of their premises to overcome physical barriers to access.
Previously there was a specific exemption from Part 3 of the DDA for transport services which involve the provision and use of a vehicle. However, since 4 December 2006, regulations made under the Disability Discrimination Act 2005 removed this exemption from certain types of transport vehicle. The vehicles covered by the new regulations are rail vehicles (trains), public service vehicles (buses and coaches) vehicles used on a system using a mode of guided transport (trams and light rail vehicles), taxis, private hire vehicles (minicabs), rental vehicles and breakdown recovery vehicles. The operators of such vehicles will now have to ensure they do not discriminate against disabled people and will have to make "reasonable adjustments" in the way they provide their services for disabled people, such as providing extra help or making changes to the way the services are provided.
The 2005 regulations do not remove the current exemption from aircraft and shipping vessels, although airline and shipping operators still have a duty to avoid discrimination against disabled people and to make reasonable adjustments for them in respect of matters such as timetables, booking facilities and waiting rooms at airports and ferry terminals.
From 1 October 2007, the Commission for Equality and Human Rights (Equality and Human Rights Commission) - www.equalityhumanrights.com - has taken on the role and functions of the Disability Rights Commission (DRC), together with those of the Commission for Racial Equality (CRE), and the Equal Opportunities Commission (EOC), with new responsibilities for sexual orientation, age, religion and belief, and human rights. Codes of Practice and other material published by the former DRC are still available through the archive section of the Equality and Human Rights Commission website at: www.equalityhumanrights.com/en/aboutus/history/Pages/Legacycommissionwebsitearchives.aspx and scroll down to "Disability Rights Commission sites".
The Disability Rights Commission (DRC) published a Code of Practice - Rights of Access: services to the public, public authority functions, private clubs and premises. A copy can be found on the old DRC website at: 83.137.212.42/SiteArchive/drc_gb/library/publications/services_and_transport/code_of_practice_rights_of_ac.aspx.html.
You can also buy a copy of the Code of Practice from TSO (the Stationery Office), tel 0870 600 5522, fax 0870 600 5533, www.tsoshop.co.uk/bookstore.asp.
From the Equality and Human Rights Commission's website you can download the supplementary Code of Practice - provision and use of transport vehicles (originally published by the DRC) at: www.equalityhumanrights.com/en/publicationsandresources/Disability/Pages/Transport.aspx.
Also available on the same page of this website is the series of six good practice guides for transport providers, originally produced by the DRC. Each guide deals with a different transport sector and offers practical advice on good practice in serving disabled customers. The six guides cover:
- Buses and scheduled coaches
- Breakdown recovery services
- Rail services
- Rental vehicles
- Taxis and private hire vehicles (PHVs)
- Tour coaches
The DRC states that "The guides are aimed at those people in transport companies responsible for drawing up policies and procedures for dealing with disabled passengers and customers. They are not restricted to what is covered by the law, and are not to be treated as a legal interpretation, but rather as a guide to effective practice in serving disabled people. Nor are the guides a statement of best practice (a concept which is in any case difficult to define in a rapidly changing world), there may be occasions when transport operators may want to go beyond the advice given in this guide in order to effectively serve disabled customers".
This section gives the Government powers to make accessibility regulations for all land based public transport vehicles, these are specifically listed as Taxis, Rail and Public Service Vehicles (buses and coaches).
The Government decided to set different technical regulations for each form of transport, as there is no single solution that could be used to make all forms of transport accessible to disabled people. For example completely different solutions are needed to make taxis and trains accessible.
Because of the differences in the vehicles and differing levels of difficulty in making each form of transport accessible, the government set different timetables for each type of vehicle to become fully accessible. This was also to give those who make and operate vehicles enough time to make the necessary changes to vehicles and designs.
The timetables for each form of land based public transport are set out below.
- 1 January 1999: New trains (including light rail, underground and trams) must be accessible to disabled people. The Secretary of State can give a vehicle or service special permission not to meet the standards set out in the regulations. The Train Operating Company must make a strong case as to why they should get this exemption and the Secretary of State takes advice from several different organisations including DPTAC before a decision is made. Exemptions are most commonly given for so called Heritage Railways. These services usually provide an experience rather than a form of transport and their historic value could be destroyed by the enforcement of the regulations. These companies are however encouraged to do as much as possible to improve access for disabled people.
- 1 January 2020: All rail vehicles will have to be accessible to disabled people by this date, as required by the Disability Discrimination Act 2005.
The following are dates by which Public Service Vehicles must be accessible to disabled people. They are only for vehicles used on local or schedules services which can carry more than 22 passengers.
- 31 December 2000: New full size single deck buses over 7.5 tonnes and new double deck buses must be accessible to disabled people including wheelchair users.
- 31 December 2000: New buses weighing up to 7.5 tonnes and new coaches must have improved access for ambulant and sensory impaired passengers.
- 1 January 2005: New buses weighing up to 7.5 tonnes and new coaches must be wheelchair accessible.
- 1 January 2015: All buses weighing up to 7.5 tonnes must be fully accessible.
- 1 January 2016: All full size single deck buses over 7.5 tonnes must be accessible to disabled people.
- 1 January 2017: All double deck buses must be accessible to disabled people.
- 1 January 2020: All coaches must be fully accessible.
It has been more difficult to develop technical specifications for Taxis and Private Hire Vehicles (PHVs) often called minicabs. This is mainly due to the size of the vehicles themselves and the businesses that run them.
The Department for Transport is still in the process of agreeing the standards and the deadlines for standards to come into force. However the Government has announced that it will set standards for taxis that will come into force between 2010 and 2020 in areas with either:
- A taxi licensing authority with at least 120,000 people in it,
- A major transport interchange,
- A major tourist attraction, or
- An existing compulsory policy for all vehicles to be accessible.
Since 1 January 2000 all licensed taxis in London have had to be wheelchair accessible under separate legislation and many local authorities in other parts of the UK - mainly covering large urban areas - have since made similar regulations for licensed taxis in their areas.
The DDA only applies within the United Kingdom. International forms of transport (by air or sea) are not covered by the DDA - although the facilities at UK ports and airports are covered.
The UK Government is working through European and International Forums to develop and agree common standards for international forms of travel. Such common standards would mean that disabled people could expect the same standards of access and service no matter which airline, ferry company, air port or port they use.
It would also mean that UK companies would not be disadvantaged by having to comply with stricter regulations and standards that companies from other countries who operate the same routes.
European legislation now offers new protection for disabled air travellers. It means that since 26 July 2007 no person may be refused carriage on a commercial flight starting or finishing within the European Community on the basis of their disability or reduced mobility, subject to legitimate considerations of air safety. Further measures will come into effect in July 2008. The DfT has produced a fact sheet EC (Regulation 1107/2006: Factsheet for passengers) to explain the new measures
www.dft.gov.uk/consultations/closed/consulcivilaviationreg07/newrightfactsheetec.
British and European companies have also been encouraged to sign up to the following voluntary Codes of Practice and Guidance:
- Airline Passenger Service Commitment
Produced by the European Civil Aviation Conference (ECAC) and the European Commission. The majority of European airlines have signed up to this European Code of Practice describes the level of service air travellers may expect from the European airlines who have signed up to it.
- Airport Voluntary Commitment on Air Passenger Service
Produced by the Airports Council International, the professional association of airport operators. ACI EUROPE represents over 450 airports in 45 European countries. This document sets out a set of 11 commitments to deliver a defined quality of service to disabled passengers.
In addition the following Guidance has been issues to UK companies:
- Access to Air Travel for Disabled People - Code of Practice
Produced by the Department for Transport (DfT), the majority of UK airlines have signed up to this voluntary Code. DfT, DPTAC and the industry are now revising the Code to bring it into line with the European Regulation. The DfT's Accessibility and Equalities Unit has carried out work monitoring the Code to see how well it is working and if it makes a difference to disabled air travellers. Ministers are considering whether or not to use their power to bring air travel within the scope of the Disability Discrimination Act 2005.
www.dft.gov.uk/transportforyou/access/aviationshipping/accesstoairtravelfordisabled5975 (Adobe Acrobat)
- The Design of Large Passenger Ships and Passenger Infrastructure: Guidance on Meeting the Needs of Disabled People
Produced by DPTAC, this guidance deals with vessels that carry over 200 passengers and weigh over 500 tonnes. DPTAC are currently researching the effectiveness of the Guidance to see how well it is working and if it makes a difference to disabled travellers. The out come of this research will help the Government to decide whether they need to turn this Guidance into Law.
www.dptac.gov.uk/pubs/guideship/index.htm
DPTAC are currently working with disabled people, the Department for Transport and the Industry to develop a similar specification for smaller vessels.
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