provision to allow the disabled person to travel. The requirement to provide a 'reasonable alternative' is derived from the Disability Discrimination Act (DDA) 1995 (2005 as amended)276.
The "Access for All" fund, provided by the Government, is specifically designed to improve the accessibility of services. This fund, £370 million, is available to improve railway stations by making them free of steps. The funding is available until 2015 and is split into two parts:
£35 million a year targeted at improving access at the busiest rail stations to ensure that they have a route that all passengers can use; and up to £7 million a year in 'small schemes funding' will be available to make smaller scale improvements at local rail stations such as installation of lifts, ramps and customer information screens. The fund is administered by the Department for Transport and delivered by Network Rail277. The fund is in addition to existing duties under Part 3 of the Disability Discrimination Act 1995.
Many of Britain's bus services, and the majority of its rail services, are franchised or tendered. Although operators must ensure that accessibility improvements are included in any new vehicles they purchase for use on prescribed services, the franchising/tendering process might also act as an economic incentive for operators to react to the needs of disabled people. For example, a local authority wishing to tender for a local bus service can specify in its tendering document that the vehicles operated on that route must be compliant with the appropriate accessibility requirements. In doing so, the local authority recognises that this might result in more expensive tenders being submitted but is prepared to pay the extra costs for the improvements to service provision (it is noted that the provisions of the Disability Equality Duty apply here and there is evidence that operators are reacting to the implications of these new duties). Clearly, if operators already own accessible vehicles, they will be at a competitive advantage over other potential service providers who may have to buy new vehicles, a fact represented in the resulting tender bids.
Requirements for taxis and private hire vehicles are also a responsibility of the Department for Transport. Local Authorities already have powers to set the construction standards for taxis and some of them have used these powers to set accessibility requirements. This has resulted in a taxi fleet (England and Wales) of 68 000 vehicles, of which up to 40 000 are accessible to wheelchair users who can travel while remaining seated in their wheelchair. All 20 750 taxis in London are wheelchair accessible. In Scotland, 15 of the 32 licensing areas have set standards for the accessibility of taxis278.
Table 10: Is it required that authorities or operators develop strategic plans or the like to take into account people with disabilities? The table is based on the respondents’ valuation.
No In progress Yes
Operators279 Austria, Finland, Greece, Iceland, Ireland, Malta, Norway, Portugal, Slovenia, Slovakia, Sweden, UK
Germany, Poland, Romania,
Slovenia, Spain
Belgium, Bulgaria, Czech Republic, France, Germany, Italy, Lithuania, Poland, the Netherlands
Authorities responsible for public
transport280
Austria, Finland, Greece, Iceland, Ireland, Malta, Portugal, Slovenia
Bulgaria,
Germany, Poland, Slovenia
Belgium, Czech Republic, France, Germany, Italy, Lithuania, Norway, Poland, Slovakia, Sweden, the Netherlands, UK
A minority (nine countries) answered that operators are required to develop strategic plans on accessibility, while a majority (12 countries) answered that it is not required that authorities develop such plans.
The term “strategic plans” was not defined in the questionnaire, and may be understood and used in various ways. The additional information submitted in the questionnaire by twelve countries and summarised for each country below, demonstrates various ways of identifying such strategic plans.
5.4.1 Bulgaria
The respondent from Bulgaria mentions the National strategy for equal rights for people with disabilities (Council of Ministers 2003) and a programme for transport and
communication services for people with reduced mobility by train as examples of strategic plans.
5.4.2 France
According to the Act on equal rights and opportunities, participation and citizenship of persons with disabilities281 (2005), public transport authorities have to prepare a master plan, with the goal of making the services for which they are responsible accessible. This plan will be published within three years from 2005. It will contain a timetable for
implementing accessibility measures. The measures will be distinguished by mode. In cases where access is technically impossible, the public transport authority is supposed to create an alternative transport service within three years from 2005. The alternative must meet the needs of disabled people
In addition, the mayor of each commune, which is the lowest administrative level in France, must publish a plan of how to make street infrastructure and public installations accessible for disabled people. This plan takes special note of pavement and parking areas. No deadline is set, as to when these master plans must be introduced.
Operators are supposed to suggest accessible vehicles and services within this framework.
279 We did not manage to get information from Cyprus, Estonia, Hungary, Latvia and Luxembourg. Denmark did not answer this question.
280 We did not manage to get information from Cyprus, Estonia, Hungary, Latvia and Luxembourg.
Denmark, Romania and Spain did not answer this question.
281http://www.coliac.cnt.fr/article.php3?id_article=33
5.4.3 Germany
The local governments which finance local public transport (bus, tram, and underground rail) are obliged by the German Passenger Transport Act (1990 as amended), to set up a strategic plan every five years in which they consider the needs of disabled people.
In the railway sector operators are required to develop strategic plans to take into account people with disabilities. The main operator Deutsche Bahn AG has such a plan, Programm der Deutschen Bahn AG282 (Deutsche Bahn AG 2005). Within the next few years private railway operators will be obliged to draw up a strategic plan with respect to disabled people.
5.4.4 Ireland
The Department of Transport’s Sectoral Plan283 (2006) under the Disability Act 2005 (Transport Access for All) contains time bound targets for the progressive realisation of accessible transport in Ireland, and promotes the principle of mainstreaming by requiring accessibility to be an integral element of the public transport services. While there are currently no specific requirements for transport companies to develop strategic plans in that regard, the companies will be aware that proper planning will help them meet their
commitments under ‘Transport Access for All’.
5.4.5 Italy
In the service contracts, each transport operator is obliged to develop a ‘Mobility Chart’
which lists the services they supply. These include services for disabled people.
5.4.6 Poland
A precondition for applicants for the funds from the European Regional Development Fund and the Cohesion Fund is plans for sustainable transport development, and accessibility of public transport for disabled people is an integral element.
5.4.7 Romania
The underground passenger transport operator, METROREX, purchases lifts in order to facilitate access of disabled people in the metro stations. New rolling stock gives disabled people, including wheelchair users, access.
The railway passenger transport operator, SNTFC “CFR Călători”, purchases trains adapted for disabled people. According to Law on the protection and promotion of handicapped person’s rights (2006), SNTFC “CFR Călători” must provide one coach per train which is accessible for disabled people.
5.4.8 Slovakia
The Road Transport Law (1996) requires authorities to develop a plan for public transport services that includes accessibility for disabled people.
Regional authorities grant a licence for provision of public services, and may require that operators meet conditions for disabled people.
282www.bahn.de
283http://www.transport.ie/upload/general/7760-0.pdf
5.4.9 Spain
A Royal Decree is being drawn up. It will require transport operators and local authorities to develop plans which include reference to accessibility for disabled people.
A background document for a Royal Decree has been finalised and submitted to the EC (it awaits approval which is anticipated to be early in 2008). This Royal Decree will consider accessibility for disabled people to all transport modes. It will consider both vehicles and infrastructure. The document will contain detailed regulations for each transport mode.
5.4.10 Sweden
The Law on accessible public transport (1979) states that operators should take people with disabilities into account when planning and delivering public transport services.
Most of the larger public transport authorities have made plans for accessibility.
5.4.11 The Netherlands
The responsible public transport authority (the Ministry of Transport) requested, on December 2004, the national railway infrastructure company ProRail and the transport operator NS to develop a common strategic plan to improve accessibility in railway infrastructure, rolling stock and information services.
In May 2006 the Ministry of Transport asked the regional public transport authorities to develop action plans in order to improve accessibility of bus stops. In 2005 the authorities agreed that the plans of public transport authorities are sufficient for attaining policy goals until 2010. No strategic plan is required or in development for taxis.
5.4.12 United Kingdom
It is not required that operators develop strategic plans to account for disabled people, although the Disabled person's protection policies (DPPPs) could be said to constitute a 'strategic plan'. DPPPs must be published by train operating companies as a condition of their operating licence.
Authorities, however, do play a role in developing such strategic plans. The Department for Transport has recently introduced accessibility planning into the local transport planning process284. Local transport authorities in England, outside London, are required by the Transport Act 2000 to prepare local transport plans (which cover a five-year period), which is the mechanism by which capital funding is provided from central government.
Accessibility planning ensures that the transport services provided by local authorities respond to the needs of disabled people in their areas. In particular, provision for disabled people is a criterion against which local transport plans are assessed285.
More generally, the Disability Equality Duty (2006) also requires local authorities to publish a ‘Disability Equality Scheme’. This includes an action plan which details what that authority will do to ensure that their services and functions, including transport, take account of the needs of disabled people.
Local authorities may impose contractual requirements. Part 3 of the Disability
Discrimination Act 1995 covers all aspects of service provision. The legal duty to comply falls on the service provider, for example, a train operating company. However, the
284 More information on the local transport plan process can be found at www.dft.gov.uk/pgr/regional/ltp/theltpprocess
285 A summary of the process, including a link to the specific guidance on accessibility planning, can be found at www.dft.gov.uk/pgr/regional/ltp/accessibility/guidance/gap/accessibilityplanningguidanc3634?page=1#1000
Disability Discrimination Act 1995 (as amended) also covers the functions and services of local authorities which include, for example, tendering bus services and other transport provision. The Disability Equality Duty (2006) also applies across the board and requires public authorities, including local authorities and government departments, to consider the needs of disabled people in the decision-making process.