The disability standars for accessible public transport

THE DISABILITY STANDARDS FOR ACCESSIBLE PUBLIC TRANSPORT. AUSTRALIA.
Sheila King
Co-ordinator
Australia for All.
www.australiaforall.com.au

Accessible public transport is of paramount importance to tourists with disabilities, especially those who use mobility aids. Australian law-makers have taken the first tentative steps in an effort to eliminate the barriers which inaccessible public transport poses.

Throughout Australia, as in many other parts of the world, people with disabilities have been deterred from taking on the mantle of ‘tourist' for many and various reasons, but for the most part because the transport they required, for one reason or another, did not cater for their needs, and therefore was not able to be utilised with ease, safety and dignity.

The Disability Standards For Accessible Public Transport were promulgated in the Federal Parliament of Australia in October 2002. The purpose of these Standards was to remove, over a period of 30 years, discrimination on the basis of disability, from public transport services.

Compliance with these standards varies from full compliance for new infrastructure, conveyances and premises purchased after October 2002, to phased in compliance for existing infrastructure, conveyances and premises, aiming for full compliance by 2032.

The Transport Standards set out how the objects of the Disability Discrimination Act of 1992 are to be achieved in relation to the provision of all public transport services. The guiding principles of these transport standards are:

-to eliminate, as far as possible, discrimination against persons on the basis of their disabilities.
-to ensure, as far as practicable, that persons with disabilities have the same rights to equity before the law as the rest of the community.
-to promote recognition and acceptance within the community of the principle that persons with disabilities have the same fundamental rights as the rest of the community.

The standards prescribe the national requirements that public transport service providers and operators must meet in order to comply with the Disability Discrimination Act 1992 in these areas.

The Disability Standards For Accessible Public Transport set down mandatory performance outcomes covering a range of accessibility issues. They are the national authority for compliance with anti-discrimination legislation in the areas specified in the Standards.

Two assumptions underlie the Disability Standards For Accessible Public Transport. First that some passengers will use large mobility aids, such as powered wheelchairs and, second, that passengers using mobility aids often wish to travel with a companion, who may also be using a mobility aid, thus the Disability Standards require that specific space be allocated on conveyances to accommodate passengers using wheelchairs or similar mobility aids.

Under the transport standards public transport services and facilities become more accessible by way of:

-the replacement or upgrading of conveyances, premises and infrastructure in accordance with a strictly laid down compliance timetable.
-the requirement that from the introduction of these transport standards all new items comply with the requirem ents of the Disability Standards For Accessible Public Transport.

The Disability Standards specify how public transport is to be made accessible and therefore reduce the incidents of discrimination. Discrimination can occur either directly or indirectly. Direct discrimination arises if an operator or infrastructure provider treats a person with a disability less favourably than another person in a similar situation. Indirect discrimination arises when the impact of an operator's or provider's service is less favourable for a person with a disability than for a person without a disability.

Whilst the Disability Standards include specific criteria for some physical disabilities, it is emphasised that operators and providers need to be equally mindful of removing discrimination against people with medical, intellectual, behavioural and emotional disabilities. Operators and providers are advised that they should avoid attitudinal or informational barriers that limit the accessibility of public transport for some passengers.

Notwithstanding a defence of unjustifiable hardship, if an operator or provider cannot comply with all the requirements of the Disability Standards, the Standards require compliance to the maximum extent possible.

The community of people with disabilities in Australia are hopeful that with the introduction of these transport standards, and the realisation by accommodation and tourist venue operators that there is a huge market to satisfy, that travelling to go on holidays will be an anticipated pleasure.