New rights for disabled people on public transport

A major loophole in the law was plugged on Monday 4 December. Now, for the first time, disabled people and those with long-term health conditions have the right to be treated fairly on public transport.

The new duties, which extend the Disability Discrimination Act 1995 (DDA), mean that disabled people have the right to be treated fairly and the right to reasonable adjustments on buses, coaches, trains and taxis.

The Disability Rights Commission (DRC) will be responsible for enforcing the amended legislation, ensuring transport operators meet their new duties and disabled people know about their new rights.

Until now, a disabled person has had no right to fair treatment on transport vehicles. For example, a man who is a wheelchair-user reported that, despite the availability of accessible buses, drivers refused to lower the wheelchair ramp for him. Even if the bus stopped, drivers were often abusive and wouldn’t let him get on the bus. But he had no protection under the Disability Discrimination Act.

A woman with a visual impairment booked assistance for a train journey between Sheffield and Hereford which involved two changes. Her train arrived late at one of the stations where she was due to change trains but there was no one to assist her to the next train. She consequently got on the wrong train but had no right to complain under current legislation.

Bert Massie, Chairman of the DRC, welcomed the new legislation: “This is an important legal change - having no right to be treated fairly on public transport has been a major loophole in the law. Disabled people have felt frustrated at having no legal redress to poor treatment – a common feature of calls to the Commission.

“I’m hopeful the new law will encourage disabled people to feel more confident about using public transport.  For transport operators, the new legislation will mean ensuring staff provide good customer care.  If they get it right for disabled people, then all their customers benefit.

“Making transport more user-friendly will open up many more work and social opportunities and help bridge the divide that many disabled people experience.”

The new duties will also apply to vehicle rental firms and car breakdown services but will not apply to aviation or shipping. The DRC is calling for aviation and shipping to be included in the Disability Discrimination Act or incorporated into a promised Single Equality Act.

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.
 
Transport operators and disabled people gave advice to the DRC on a Code of Practice that supports the new legislation.  The Code is available from the link below.

Relevant links