Bus Services Bill

Bus Services Bill

House of Commons

Committee Stage

Advice for Parliamentarians

Thursday 16 March 2017

For more information, please contact:

Parliamentary lead:

Shelley Hopkinson

Tel: 020 7832 7845

Legal lead:

Mark Stone

Tel: 020 7832 7852

Introduction

This briefing supports New Clause 7 and New Clause 9 to the Bus Services Bill, which wouldgive the Secretary of State the power to improve the accessibility of public transport for disabled people. Disabled people’s ability to participate in hugely important aspects of life that most of us take for granted, such as work, education and social life, can be dependent on their ability to use public transport. These issues are, therefore, of the utmost importance.

The UN Convention on the Rights of Persons with Disabilities (CRPD) sets out what human rights mean specifically for disabled people. By ratifying CRPD in 2009, the UK took on binding obligations under international law to ensure that disabled people enjoy those rights in practice. ‘Accessibility’ is a General Principle in the Convention, and Article 9 requires State Parties to take appropriate measures to ensure that disabled people have access to transport on an equal basis with others.

A recent court case[1] has highlighted a lack of clarity in the rules regulating the use of spaces on public buses which are provided for wheelchair users (“designated spaces”). On 18 January 2017, the Supreme Court ruled that bus companies must end ‘first come, first served’ policies in relation to these spaces, and do more to give priority to wheelchair users. The Bus Services Bill provides a timely opportunity toprovide legalclarity that a wheelchair user has priority use of the designated space.

Wheelchair space priority

Commission’s recommendation

Support New Clause 7.

Explanation

This Amendment enables the Secretary of State to make regulations to require bus operators to put in place and enforce policies ensuringwheelchair users have priority in the use of wheelchair spaces on buses.

The Amendment envisages that the Secretary of State may require bus operators to introduce policies which provide that:

(a) a wheelchair user has priority use of any wheelchair space on a public service vehicle unless it is not reasonable for other passengers to vacate the space;

(b) other passengers are required to vacate the space for the wheelchair user if it is reasonable for them to do so; and

Our analysis

Public bus services play a vital role in enabling disabled people to live independent lives. Buses are used by many people to get to work, go out, and get to local facilities. It is of great importance, and a matter of human rights, that wheelchair users should be able to use the designated spaces on buses as a priority. The law should make clear that non-disabled people vacate the space, where reasonable.

The Conduct Regulations

Under the Public Service Vehicles Accessibility Regulations 2000, a bus capable of carrying 22 passengers is required to be fitted with a space that can be used by a person in a wheelchair. The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990 (the Conduct Regulations) set out certain rights and duties for bus drivers, inspectors, conductors and passengers on buses. While these regulations provide that drivers can enlist the help of the police where passengers refuse to stop smoking or behaving in an antisocial manner, they do not contain similarly strong powers to protect the rights of disabled people.

The Conduct Regulations provide that the space designated for a wheelchair can be occupied by non-wheelchair users who, or whose effects, cannot readily and reasonably travel elsewhere on the bus. They do anticipate that drivers should be able to make an assessment of whether a passenger would be able to reasonably vacate the space and travel elsewhere on the bus. However,they do not require a bus driver to ask a passenger who is, or whose effects are, unreasonably occupying that space to vacate it upon request from a wheelchair user. Nor do they state that, where a passenger refuses to vacate the space, a bus driver is obliged to do as much as practically possible to enable a wheelchair user to occupy that space.

Paulley vs First Group plc

A recent case has highlighted a lack of clarity in the laws regulating this issue. In February 2012, Mr Doug Paulley, a wheelchair user, tried to board a FirstGroup bus from Wetherby to Leeds where he planned to catch a train to Stalybridge to have lunch with his parents. The wheelchair space was being used by a passenger with a pushchair and a sleeping child. FirstGroup did not dispute that there was plenty of space elsewhere on the bus for the passenger to move to with her child and for the pushchair to be folded safely and stored. However, the passenger refused the driver's request to move or fold the pushchair and so the driver told MrPaulley he could not board the bus. As a result, MrPaulley had to wait for the next bus to Leeds, which meant that he missed his train to Stalybridge.

Supported by the Equality and Human Rights Commission, the case was taken to the Supreme Court. On 18 January 2017 the Court ruled in favour of MrPaulley. The case centred on whether a 'first come, first served’ policy was discriminatory against wheelchair users and whether bus companies could do more to ensure wheelchair spaces on buses are vacated when a wheelchair user enters the bus. The Court suggested that the current Conduct Regulations should be reconsidered in order to provide much needed clarity for bus companies and their customers. Specifically, Lord Sumption said:

“The difficulty with this case is that the Conduct Regulations deal with the obligations of passengers at paras 5 and 6, without imposing any obligation on them to vacate the wheelchair space where it is required by a wheelchair user...the ideal solution, if there is one, would be to change the law so as to create an obligation on the part of the non-wheelchair user, enforceable in the same way as the rule against anti-social behaviour, to move unless the driver reasonably considers that they have a sufficient reason not to do so.”

Increased legal certainty about what is required would avoid circumstances such as those encountered by Mr Paulley. Drivers should be supported by a clear formal policy which makes clear that wheelchair users have priority in using the space when they ask passengers to move from wheelchair spaces.

2. Accessibility policies for bus passengers

Commission’s recommendation

The Commission supports New Clause 9 in principle. Further consideration should be given to the devolved context of this clause. Whilst Clause 17 of the Bus Services Bill relates to a reserved matter, New Clause 9 may potentially extend into an area of devolved competence.

Explanation

New Clause 9 would insert new sections (181E to 181H) into the Equality Act 2010, with the following effect:

Section 181E enables the Secretary of State to make regulations requiring bus companies to put in place policies for making their services accessible, and publish them.
Section 181F enables the Secretary of State to modify the requirements, for example for small companies, or even exclude them.
Section 181G requires the Secretary of State to issue guidance to bus companies regarding their duties. Stakeholders, including the Disabled Persons Transport Committee (DPTAC), must be consulted.
Section 181H amends the Transport Acts 1985 and 2000 to make non-compliance with a requirement under the regulations a breach of the bus company’s licence and enforceable by the Traffic Commissioners. This could result in fines as penalties.

New clause 9 would apply to England, Wales and Scotland.

Our analysis

The Bus Services Bill presents a further opportunity to strengthen the accessibility of buses by requiring bus operators to establish and publish policies setting out how they will promote the rights of disabled people. This would mirror the more inclusive system in the rail sector, where train and station operators must produce a Disabled People's Protection Policy (DPPP) showing the arrangements in place to allow disabled people to use their services. DPPPs are required as a condition of operators' licences, and must be approved by the Office of Rail and Road (ORR). Similar statutory enforcement in the bus sector would ensure that disabled people are consistently supported to access public transport.

The Government has introduced a new regulation making power allowing them to impose requirements relating to audio-visual indicators,backed by statutory guidance, in Clause 17 of the Bus Services Bill.Those requirements will be a condition of a bus company’s licence and enforceable by the Traffic Commissioners (through amendments to the Transport Acts 1985 and 2000). The regulation-making power allows for modifications and exceptions, for example in relation to small companies. New Clause 9 follows the same approach as Clause 17.

About the Equality and Human Rights Commission

The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006. It operates independently to encourage equality and diversity, eliminate unlawful discrimination, and protect and promote human rights. It contributes to making and keeping Britain a fair society in which everyone, regardless of background, has an equal opportunity to fulfil their potential. The Commission enforces equality legislation on age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation. It encourages compliance with the Human Rights Act 1998 and is accredited by the UN as an ‘A status’ National Human Rights Institution. Find out more about the Commission’s work at:

[1]FirstGroup Plc (Respondent) v Paulley (Appellant) UKSC 2015/0025