New Disability Duties on Transport Providers 

Duties

Legislation, due to come into force at the beginning of 2010, will apply Disability Discrimination Act duties to the providers of transport services.

When the Act was passed in 1995, any service so far as it related to the use of a means of transport was exempted from its goods, facilities and services provisions. Those services associated with transport infrastructure, such as services at stations and airports, or information and timetabling services are already covered.

The forthcoming legislation will cover the following types of vehicle:

• Buses and coaches (scheduled and leisure)
• Taxis
• Trains
• Rental vehicles
• Breakdown recovery vehicles.

The effect is that, a transport provider must not discriminate against a disabled person:

• when providing, or not providing, a disabled person with a vehicle; or
• when providing, or not providing, a disabled person with services when he is travelling in a vehicle provided in the course of a transport service.

A transport provider will also have a duty to make certain kinds of reasonable adjustments for disabled people in respect of the provision or use of a vehicle. They will have a duty to take reasonable steps to:

• change a practice, policy or procedure which makes it impossible or unreasonably difficult for disabled people to make use of those services.
• provide an auxiliary aid or service if it would enable (or make it easier for) disabled people to make use of those services.

Certain transport providers, as set out below, will have a duty to overcome physical features:

Rental vehicles (constructed to carry passengers, with no more than eight seats in addition to the driver´s seat)

In the case of a service offered in relation to the provision or use of a rental vehicle, a transport provider also has a duty to:

• overcome a physical feature which makes it impossible or unreasonably difficult for disabled people to make use of this service, by:
• removing the feature; or
• altering it; or
• providing a reasonable means of avoiding it; or
• providing a reasonable alternative method of making the service available.

Breakdown recovery vehicles

In the case of a service provided through a breakdown recovery vehicle, a transport provider similarly has a duty to overcome a physical feature which makes it impossible or unreasonably difficult for disabled people to make use of that service. However, the duty extends only to:

• providing a reasonable alternative method of making the service available.

Publications

We are producing a number of short guides for transport providers and users on the content and application of the forthcoming Disability Discrimination (Transport Vehicles) Regulations (NI). The guides will comprise the following:

• Guide for disabled people.
• Guide for bus and coach operators.
• Guide for taxi operators.
• Guide for rental vehicle operators.
• Guide for breakdown / recovery vehicle operators.
• Guide for rail operators.

If you are interested in receiving copies, please contact us at: equalityprojectsadmin@equalityni.org.

If you require an accessible format, please let us know.

Consultation on Draft Statutory Code of Practice

The Equality Commission has developed a Draft Statutory Code on the Disability Discrimination (Transport Vehicles) Regulations (NI) 2009. A public consultation ran from 10 June until 26 September 2009. The document is currently with the Office of the First and Deputy First Minister for approval.

The aim of the draft Code is to explain the changes in the law as a result of the new Regulations which are due to come into effect at the beginning of 2010. The Code, once approved, will provide guidance to transport providers, advisors and disabled people on the scope of the Regulations.

We held consultation events throughout Northern Ireland at the following locations during September 2009:

September 2009

To access copies of the documents or get further information please view the following documents:

Draft Transport Code (PDF version)
Draft Transport Code (Word version)

Consultation questionnaire (Web-based)
Consultation questionnaire (Word version)

Should you have any queries in relation to the public consultation, please contact:

Deborah Howe
Promotion and Education Division
The Equality Commission for Northern Ireland
Equality House
7 - 9 Shaftesbury Square
Belfast
BT2 7DP

Telephone: 028 90 500 599
Textphone: 028 90 500 589
Fax: 028 90 248 687
Email: dhowe@equalityni.org

Training

We will also be providing a number of training sessions across Northern Ireland. The sessions will provide disabled people and transport service providers with details of the practical implications of the legislation. The events will run from 10 - 1.30pm. Click on the blue registration button below to register for an event

Date	Location	Registration
Tuesday, 12 January 2010	Omagh
Wednesday, 13 January 2010	Londonderry
Wednesday, 20 January 2010	Newry
Thursday, 21 January 2010	Equality Commission NI, Shaftesbury Square, Belfast

Details of venues, apart from Belfast, will be provided in due course. Training sessions may be provided for organisations, on request, subject to sufficient numbers and availability.

Please contact:

Deborah Howe
Manager, Promotion and Education Division
Direct line 02890 500599
Email dhowe@equalityni.org