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The Disibility Discrimination Act 1995
PUBLIC TRANSPORT

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Introduction

Scope of this Paper
Under the Act, the Government has the power to make Regulations covering access to taxis, buses, coaches, trains and trams. Bus and rail stations are not covered by this section of the Act, but by the section dealing with access to goods, facilities and services.

Definition of Disability
The Disability Discrimination Act 1995 defines disability as a physical or mental impairment which has a substantial and long-term adverse effect on a persons ability to carry out normal day-to-day activities. People who have a disability, and people who have had a disability, but no longer have one, are covered by the Act.

Accessibility Regulations
In order to ensure that disabled people can get on and off public transport vehicles in safety and can travel in them in safety and reasonable comfort, the Government is enabled, by Regulations, to require that all new buses, coaches, trains and trams are accessible. Similar Regulations can also be applied to newly licensed taxis.

Taxis
Accessibility to taxis by disabled people, including those who use wheelchairs, will be ensured by Accessibility Regulations which will initially apply to newly licensed taxis and eventually to all taxis. A taxi licensing authority may decide, in line with regulations governing such aspects as the size of door openings and dimension of passenger compartments, that all new taxis in their area should be London black cabs.

Under certain circumstances and subject to some restrictions, a taxi licensing authority may apply for exemption from the regulations where it is considered that making all newly licensed taxis in its area would not be appropriate and could result in an unacceptable cut in the number of taxis.

Subject to application for exemption on medical or physical grounds, taxi drivers are required to help disabled people in and out of their taxis and also to help disabled people with their luggage. Also, and again subject to application for exemption on medical grounds, taxi drivers are required to carry a guide dog accompanying a blind person, or a hearing dog accompanying a deaf person free of charge.

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Minicabs and Private Hire Cars
Regulations relating to licensed taxis which can be hired in the street or at a taxi rank do not apply to private-hire cars, which can only be booked through an operator by telephone or in person at an office.
Minicabs and private hire vehicles may only be affected by the Act in special circumstances. An example would be the operator of a transport facility (an airport or station) having a contract with a company to provide private hire cars, it may be a requirement that some or all of the cars meet the taxi accessibility regulations.

Buses and Coaches
Regulations will ensure that disabled people can get on and off buses and coaches and can travel in safety and reasonable comfort. Some vehicles, for example, coaches used for touring on holiday excursions, could be excluded from the regulations.

Trains and Trams
The Government is able to make Regulations to ensure that all trains and trams first brought into use after 31 December 1998 are accessible to disabled people and that they are able to travel in safety and reasonable comfort.

Regulations may also cover the construction, use and maintenance of trains and trams, including:

  • The fitting, design and use of equipment carried ( colour contrasts to help visually impaired, audio announcements for blind people, etc.)
  • Toilet facilities
  • Wheelchair accommodation location and floor area
  • Assistance to be given to disabled people

The Government may exempt trains and trams from these requirements in some circumstances. The Act does not affect heritage vehicles preserved railway coaches and trams, for example.

Department of Transport Mobility Unit
The Department publishes a series of information bulletins on the implementation of the transport provisions of the Act.

For further information on the Disability Discrimination Act visit the DDA website at: www.direct.gov.uk

DIAL Disclaimer
Whilst all the information given in this document was correct at the time of going to press, DIAL Doncaster cannot be held responsible for any subsequent changes.

last updated 27/04/05

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