Public Transport
Taxis
Section S.37 of the DDA makes it unlawful for a taxi driver or company to refuse to carry a disabled person with an assistance dog or to charge for carrying the dog.
Public Service Vehicles and Rail Vehicles
Regulations have been drawn up for public service vehicles and rail vehicles. They require new-built buses, coaches and trains to comply with certain specified accessibility standards, such as width of doors, colour contrasts etc.
All buses, coaches and trains used by transport providers must comply with these regulations by 2020.
Provision of goods facilities and services - transport vehicles
From 4 December 2006, the following are subject to goods, facilities and services provisions of the DDA:
-
breakdown recovery vehicles
-
hire (or rental) vehicles
-
private hire vehicles
-
public service vehicles
-
rail vehicles
-
taxis
-
vehicles used on a system using a mode of guided transport (such as those on monorails).
Provision and use of transport vehicles
For those providing the above vehicles, the Act makes it unlawful:
-
to refuse to serve a disabled person for a reason which relates to their disability
-
to offer a sub-standard service to disabled people
-
to provide / offer a service on different terms
-
to fail to comply with the duty to make reasonable adjustments, in circumstances in which the failure makes it impossible or unreasonably difficult for a disabled person to use a service.
Discrimination
"Discrimination" is defined as:
-
treating a disabled person less favourably, for a reason relating to their disability, than a person who does not have a disability, without justification
-
or failing to make reasonable adjustments, without justification.
Duty to make reasonable adjustments
The duty to make reasonable adjustments means that duties are placed on providers of transport services to make changes (called 'reasonable adjustments') so that disabled people can use the services more easily. What changes have to be made will depend on what type of transport services is under consideration.
Changes that the service provider will have to consider
There are three broad types of 'reasonable adjustments' which the service provider has to consider:
1. Review their practices, polices and procedures to ensure that they do not make it impossible or unreasonably difficult for a disabled person to access the transport vehicle or services when travelling on it.
2. Provide additional help or assistance to enable a disabled person to make use of a services or facility.
3. Addressing any physical features which make it difficult for a disabled person to use a transport vehicle. This duty only applies in relation to rental vehicles and breakdown recovery vehicles.
Grounds for justifying less favourable treatment
The same justifications apply in relation to transport providers in terms of their vehicles as apply in relation to goods and services more generally. If service providers have treated a disabled person less favourably, they will have to prove that they had a genuine belief that one of the following grounds of justification applied to their situation, and it has to be reasonable for them to hold that belief:
-
health and safety
-
inability on the disabled person to give informed consent or to enter into an enforceable agreement
-
if by serving the disabled person, the service provider is unable to serve others
-
if, in order to serve the disabled person or other members of the public, it is necessary to provide the service in different terms or of a different standard or manner
-
greater expense - service providers cannot charge a disabled person more for a service, it can only do so where the service is individually tailored to the requirements of a disabled customer.
Find out more about the duty to make reasonable adjustments.
If discrimination occurs
If you need further advice, you can contact disability organisations such as RNIB (0303 123 9999 / helpline@rnib.org.uk), Citizens Advice Bureaux or law centres.
Ultimately, disabled people can take claims forward to county courts (sheriff courts in Scotland). In England, Wales and Northern Ireland most cases will be heard in the small claims court. Claims must be brought within six months of the act of discrimination.
About this guide
This guide does not deal with transport infrastructure, such as assistance at airports or train stations which is covered by the ordinary provisions relating to goods, facilities and services.
Useful links