New rights for disabled people on public transport - Changes to Disability Discrimination Act (DDA)

New legislation introduced on 4 December 2006 means that disabled people have, for the first time, the right to be treated fairly and the right for reasonable adjustments, on buses, coaches, trains and taxis. The new law will also apply to car hire and breakdown services.

The legislation extends Part Three of the Disability Discrimination Act (DDA) 1995. It means that disabled people have the right not to be treated unfairly on buses, trains and taxis and for transport providers to make their services user-friendly to disabled people. This closes a major loophole in the law. Previously, a disabled person could be refused entry onto a bus or train merely because of their disability or long term health condition.

Current duties

Transport providers currently have obligations under Part 3 of the DDA to take 'reasonable steps' to make stations and the services they provide at stations, user-friendly to disabled people. Up until December 2006 this excluded services they provide on transport vehicles.

Examples of discrimination

A wheelchair-user found that, despite the availability of accessible buses, drivers refused to stop and when they did, they were often abusive and wouldn't let him board the bus. He had no redress under the DDA.

A bus driver failed to tell a passenger with a learning disability when he reached his stop, despite having been asked to do so. The passenger became confused and disorientated as a result and is now frightened to use buses.

Facts from DRC research

Almost half (49%) of disabled people are totally reliant on public transport

Disabled people are twice as likely to turn down a job due to travel difficulties

Over half (56%) of disabled people said that they would like to go out more

More than half (52%) of disabled people expressed some difficulties in getting to all essential services such as GPs and hospitals.

Exemptions to the new legislation

Planes and Ships

The new law will not apply to the way disabled people are treated on planes and ships as the DDA excludes rights to fair treatment on aviation and shipping. Disabled people will have some additional new rights on air travel when EU Regulations are introduced in July 2007.

Accessible vehicles

The new law does not apply to the accessibility of public transport vehicles. These are already covered by the DDA Part 5 regulations. The regulations require the following:

Buses and Coaches

Since August 2000 all buses coming into service have been required to be accessible.

By 2017 all buses in Britain must comply with these regulations.

Latest figures from the Department for Transport show that 47% of buses are already accessible.

Since January 2005 new scheduled coaches have been required to be accessible

All coaches will need to be accessible by 2020.

Trains

Since January 1999 new trains have had to be accessible.

All trains must be accessible by 2020.

Currently around 37% of trains meet these regulations.

The Disability Equality Duty (DED)

The DED also comes into effect on 4 December 2006. This is a duty on the public sector to promote disability equality and will have a positive impact on transport services. For example, local authorities need to build the need for ongoing disability awareness training into service contracts. The police and parking authorities will need to give greater consideration to preventing bus stop parking so buses can get to the kerb and deploy their ramps. A fully accessible transport system cannot be solely provided on a physical level and will have to be twinned with a sector rethink on attitudes to disability.

Guidelines on the new legislation

Transport operators and disabled people gave advice to the DRC on a Code of Practice which supports the new legislation. The Code - Disability Discrimination Act 1995, Provision and use of transport vehicles, Statutory Code of Practice, Supplement to Part 3 Code of Practice - is available from the DRC's website at www.drc.org.uk.

DRC Campaign

In 2007 the DRC will launch a campaign encouraging disabled people onto Britain's buses and trains and engaging transport companies to ensure their services are open to all.

DRC Comment

The DRC is calling for aviation and shipping to be included in the Disability Discrimination Act or incorporated into a promised Single Equality Act.