Door to Door: a travel guide for disabled peopleBefore you travel: Legislation - the DDAThe 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 Transport is covered in the DDA in both Part 3 and Part 5, but in different ways. DDA Part 3 - discrimination in other areasThis 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:
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. The Commission for Equality and Human RightsFrom 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:
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". DDA Part 5 - public transportThis 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. Rail - The Rail Vehicle Accessibility Regulations (RVAR)1998
Buses and Coaches - The Public Service Vehicle Accessibility Regulations (PSVAR)19The 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.
TaxisIt 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:
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. International travelThe 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. From 26 July 2008, a new European regulation on air travel means that airports have to provide services that enable disabled passengers to board, disembark and transit between flights. The rights also apply to people with reduced mobility, such as someone with a broken leg, and give a right to assistance once on the plane. This is the second stage of measures designed to protect disabled passengers when travelling by air and creating a consistent standard across Europe. Since July 2007 it has been illegal for airlines, travel agents or tour operators to refuse a booking on the grounds of disability or to refuse to board a disabled person who has a valid ticket and reservation, except for safety reasons. The DfT has produced Factsheet for Passengers (EC) No.1107/2006 to explain these measures, available at: www.dft.gov.uk/consultations/archive/2007/consulcivilaviationreg07/newrightfactsheetec. The Equality and Human Rights Commission (EHRC) has a responsibility to promote the new regulation to the public and any person who feels that there has been a breach of the law has the right to complain to them. The Commission will handle and monitor complaints and offer conciliation where appropriate. It can support people to take civil action and could refer the matter to the Civil Aviation Authority who will have the power to prosecute. If guilty an airport operator, airline, travel agent or tour operator could face an unlimited fine. British and European companies have also been encouraged to sign up to the following voluntary Codes of Practice and Guidance:
In addition the following Guidance has been issues to UK companies:
DPTAC are currently working with disabled people, the Department for Transport and the Industry to develop a similar specification for smaller vessels. Updated: 07.08.08 | Contact: dptac@dft.gsi.gov.uk |