EDF reply to the ERA consultation on the Inventory of Assets in the TSI-PRM

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The European Disability Forum (EDF) is an independent NGO that represents the interests of 80 million Europeans with disabilities. EDF is a unique platform which brings together representative organisations of persons with disabilities from across Europe. EDF is run by persons with disabilities and their families. We are a strong, united voice of persons with disabilities in Europe.

Contents

EDF reply to the ERA consultation on the Inventory of Assets in the TSI-PRM

Introduction

EDF comments on the draft Recommendation

Conclusion

Acknowledgments

Contact person at the EDF secretariat:

Introduction

EU Regulation 1300/2014 on the technical specifications for interoperability relating to accessibility of the Union's rail system for persons with disabilities and persons with reduced mobility, the so-called “TSI-PRM”, is an EU law that deals with the accessibility of trains and railway stations. EDF has been part of a working group of the European Union Agency for Railways (ERA) since 2011 which has helped drafting the Regulation and has thus been actively involved in shaping today’s law. EDF is also a member of the Advisory Body on the TSI-PRM of the European Commission, which monitors the implementation of the law in the different EU Member States.

EDF bases its work on the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) that the EU, as well as 27 out of its currently 28 Member States, has ratified in 2010. Article 9 of this convention requires all EU legislation to provide the necessary accessibility provisions to allow persons with disabilities to participate in society “on an equal basis with others”.[1]

Background

The TSI-PRM is an important law that has already improved access to rail travel for persons with disabilities a great deal since its entry into force in 2007. It obliges manufacturers and public authorities to equip new and refurbished trains with wheelchair accessible toilets, opening- and closing audio signals of the train doors, hearing loops at ticket desks, tactile markings on platforms, and many other accessibility features that were previously not mandatory. The law takes the form of a Regulation which means that it is directly applicable in the different EU Member States, without modification, and is therefore the strongest legislative tool that the EU can apply.

The 2014 revision of the law strengthened it even further, extending its scope to parts of the railway station and, amongst others, providing for a step-free route from the entrance of the station building to the platform. Another welcome improvement was that the revised law now applies to the entire railway network of the EU, whereas it previously excluded many domestic and local services.

But one of the distinct new features of the revised Regulation of 2014 was its approach to the implementation: the transposition of the technical specifications into national law was complicated and did not go smoothly, so that the effectiveness of the law was reduced. Therefore, the 2014 revision includes a new chapter on implementation which is more flexible and uses a functional approach.

That means it allows Member States to draw up their own implementation plans - according to national priorities and resources available - to indicate how they will make their rail network more accessible over a period of time. The national plans or “National Implementation Plans” (“NIPs”), as they are called in chapter 7 of Regulation 1300/2014 are now due to be handed in by the Member States. And those plans are very important because they will contain, amongst others, a strategy on how to tackle the existing barriers for persons with disabilities.

The implementation and enforcement mechanism in chapter 7 of the Regulation also demands the creation of an EU-wide database to identify those existing obstacles, complementing the NIPs mentioned above. This database, called the “Inventory of Assets”, will have two separate functions:

a)Collecting information of existing obstacles in railway stations so that they can be eliminated step-by-step according to the NIPs

b)Providing rail passengers with the necessary information on accessibility to plan their journey in a simple, accessible, and harmonized way.

The objective of this paper is to give feedback on the Recommendation that ERA will make to the Commission and the EU Member States to establish this Inventory of Assets and what factors it will assess in a given railway station.

EDF comments on the draft Recommendation

Milestones for the development of the Inventory of Assets database:

-EDF is in principle not opposed to variable targets and using those indicators. However, if we talk about existing data that only has to be transformed and entered into the database and is not collected from scratch, 24 months is too long for this. Since ERA mentioned during the meeting that the internal processes could be shortened to 12 months this would also be an option. In any case, most Railway Undertakings already have some data available so the process of collection should be shorter.

EDF demands therefore a maximum of 18 months of transition time for the data input.

-EDF would like to clarify whether the Member States can ask for an extension on the base of only a few stations not being completed yet? If for example only a few stations have not been covered by the data collection, would that mean the Member State can ask for an extension only for those remaining stations or will it also apply to stations for which data has already been collected?

EDF underlines that any extension has to be properly justified and should only be granted in very specific and limited circumstances.

-EDF would like to be clear what admissible reasons for an extension could be. It should be clear that the exemption can only be used in exceptional cases and not, for example, lack of time or planning.

EDF suggests defining the circumstances more precisely under which an exemption can be granted.

Annex 7.2.1.1.3 Rules for data input and self-assessment:

-EDF regrets that equipment is excluded from the inventory since it is crucial to the use of the service for PRMs.

EDF highlights that it would be useful to specify what equipment is mentioned here (e.g. platform lifts, displays, etc.) to make a clear distinction.

Annex 7.2.1.1.4 Rules for the management of user feedback:

-EDF appreciates the fact that both feedback from individual users as well as organisations representing persons with disabilities is included in the recommendation. However, it should be clarified how the “institutional user feedback” from users’ association will be collected exactly and how it will be ensured that a balance of different users’ with different disabilities is given in the national context. It also should be explained how the users’ feedback is taken into account and how this translates into concrete changes. E.g. if individual user feedback is given via the webform but there is no possibility to follow-up on ones’ complaint how can progress be monitored?

EDF demands that a “real” consultation of organizations representing persons with disabilities is included, taking into account the representativeness and diversity of the structures involved, and that necessary resources are provided by the Railway Undertakings.

Appendix O – Data to be collected for the Inventories of Assets for Infrastructure:

-Each characteristic should have its separate box/question. If two different characteristics are combined in a question, it is not possible to give yes/no answers because one might be present while the other one is not. This concerns for example the parameter “Consistent tactile path with Braille or tactile information on handrails and walls from reference point”. This should be split into two separate characteristics to facilitate assessment and make it clearer, i.e. “Consistent tactile path” and “Braille or tactile information on handrails and walls from reference point”.

-The website, including the feedback mechanism, and possible related mobile applications have to be designed to be accessible for persons with disabilities. The maintenance of the website also has to ensure consistent accessibility, even after updates or change in website providers.

EDF underlines the importance of making the website and mobile applications for the use of passengers fully accessible to persons with disabilities.

-The feedback mechanism should allow for a follow-up by the user in case problems are not fixed by the Station Manager or other responsible entity or if more detailed information is required. The feedback mechanism should also allow comments being submitted in alternative formats, e.g. via phone or web chat.

The feedback mechanism via the website should be fully accessible and allow for more than just one-way communication to ensure that suggestions and complaints from passengers are taken into account properly.

Comments on the specific indicators:

For each platform
Step-free access from reference point
Consistent tactile path
Braille or tactile information on handrails and walls from reference point
EDF comment: The two indicators above should be split into two.
Contrasted stairs with tactile walking surface indicators from reference point.
EDF comment: The edge of the steps must be contrasted on a width of 50 mm. The first and last step must be contrasted. The tactile walking surface indicator signalling the first step must be placed 500 mm from the first descending step to a depth of 400 mm minimum and over the width of the step. The contrast must be tactile and visual.
Highlighting of transparent obstacles from reference point
EDF comment: If they are more than 150 mm in hightthey must be imperatively protected in the lower part in order to be detected by a white cane of blind or visually impaired persons.
Tactile and contrasting walking surface indicators along the platforms
Ticket control barriers to access platforms
EDF comment: The ticket control barrier must be visually contrasting, non-glare and the place where the person must validate his ticket must be visually and tactilely detectable. A validation or error sound must be present.
wheelchair accessible ticket control barriers
Complementary information about accessibility or about the service itself
EDF comment: All information should be given in accessible formats, i.e. with alternatives to hearing and vision
Access to trains per platform
Level access for wheelchair users
Boarding devices on platform
Complementary information about accessibility or about the service itself
EDF: Identification of the car number and class through a sound device as well as visual information
For each Information desk
opening hours
EDF comment: the information has to be accessible via more than one sensory channel.
Wheelchair accessible counter
Counter including induction loop system
step-free access from reference point
Consistent tactile path
Braille or tactile information on handrails and walls from reference point
EDF comment: same as above, better to split this indicator.
Contrasted stairs with tactile walking surface indicators from reference point
EDF comment: same as above under “platform”
Highlighting of transparent obstacles from reference point
EDF comment: same as above under “platform”
Complementary information about accessibility or about the service itself
For each Ticketing facility
Staffed ticket vending
opening hours
EDF comment: the information has to be accessible via more than one sensory channel.
Wheelchair accessible ticket vending counter
Ticket vending counter including induction loop system
Ticket vending machine or equivalent (card refilling)
wheelchair accessible ticket vending machine
vending machine with audio and tactile features
step-free access from reference point
Consistent tactile path
Braille or tactile information on handrails and walls from reference point
EDF comment: same as above, better to split this indicator.
Contrasted stairs with tactile walking surface indicators from reference point
EDF comment: same as above under “platform”
Highlighting of transparent obstacles from reference point
EDF comment: same as above under “platform”
Complementary information about accessibility or about the service itself
For Each toilets
wheelchair accessible toilets
step-free access from reference point
Consistent tactile path
Braille or tactile information on handrails and walls from reference point
EDF comment: same as above, better to split this indicator.
Contrasted stairs with tactile walking surface indicators from reference point
EDF comment: same as above under “platform”
Highlighting of transparent obstacles from reference point
EDF comment: same as above under “platform”
Complementary information about accessibility or about the service itself
For each stopping point for other connecting modes of transport
step-free access from reference point
Consistent tactile path
Braille or tactile information on handrails and walls
EDF comment: same as above, better to split this indicator.
Contrasted stairs with tactile walking surface indicators from reference point
EDF comment: same as above under “platform”
Highlighting of transparent obstacles from reference point
EDF comment: same as above under “platform”
Complementary information about accessibility or about the service itself

Conclusion

EDF very much agrees with the general purpose of the ERA Recommendation and supports the creation of the Inventory of Assets database. However, we ask for a speedy and complete collection of the data within shorter deadlines than proposed in order to make the tool useful for the implementation of the TSI-PRM and for the use of passengers.

Acknowledgments

EDF would like to thank the members of the Expert Group on Transport and all other members and partner organisations that have contributed this position paper.

Contact person at the EDF secretariat:

Marie Denninghaus, Mobility and Transport Officer

Tel: +32 (0) 2 282 46 07, Email:

Should you have any problems in accessing the documentation, please contact the EDF Secretariat. (Tel: +32 (0) 2 282 46 00, Email: ).

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[1]United Nations Convention on the Rights of Persons with Disabilities, Article 9; , retrieved on 2 December 2016