Part 1 General
Division 1.1 Preliminary
1.1 Name
of Guidelines
These Guidelines are the Disability Standards for Accessible Public Transport Guidelines 2004 (No. 3).
1.2 Guiding
principles
(1) The purpose of the Disability Standards for
Accessible Public Transport 2002 (referred to in these Guidelines as the Disability
Standards) is to remove discrimination on the basis of disability from
public transport services over a 30-year period.
(2) The Disability Standards specify how the objects of
the Disability Discrimination Act 1992 are to be achieved in the
provision of public transport services. The following objects of the Disability
Discrimination Act 1992 are the guiding principles of the Disability
Standards:
(a) to eliminate, as far as possible,
discrimination against persons on the basis of their disabilities;
(b) 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;
(c) 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.
(3) The Disability Standards prescribe national
requirements that public transport service providers and facility operators
must meet in order to comply with the Disability Discrimination Act 1992
in these areas. The Disability Standards detail mandatory performance outcomes
covering a range of accessibility issues. Due to the very specific requirements
in the Disability Standards, they are the national authority for compliance
with anti-discrimination legislation in the areas specified in the Disability
Standards.
(4) Under the Disability Standards, public transport
services and facilities will become more accessible by:
(a) the replacement or upgrading of conveyances,
premises and infrastructure in accordance with the compliance timetable
outlined in Schedule 1 to the Disability Standards (usually at the end of their
service lives); and
(b) the requirement that, from the commencement
of the Disability Standards, all new items comply with the requirements of the
Disability Standards.
(5) The purpose of these Guidelines is to provide
information and comment about the Disability Standards.
(6) The numbering of the Parts in these Guidelines
reflects the numbering of the Parts in the Disability Standards. Because these
Guidelines do not deal with all the material covered by the Disability
Standards, there are gaps in the numbering.
Example
Part 5 (Resting points) of the Disability Standards is not
dealt with in these Guidelines so there is no Part 5 in these Guidelines.
Division 1.2 Scope of Disability Standards
1.3 General
The Disability Standards specify how public
transport is to be made accessible. These Guidelines are to assist in
understanding and interpreting the Standards.
1.4 Discrimination
Discrimination can occur either directly or
indirectly. Sections 5 and 6 of the Disability Discrimination Act 1992 define
direct and indirect discrimination. In summary, direct disability
discrimination arises if an operator or infrastructure provider treats a person
with a disability less favourably than another person in a similar situation.
Indirect disability 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.
1.5 Application
of Disability Standards
The Disability Standards apply to the operation or
provision of public transportation services and facilities to persons with
disabilities by all of the following:
(a) the Commonwealth;
(b) a State;
(c) a Territory;
(d) a public authority of the Commonwealth;
(e) an agency of a State or Territory;
(f) a private sector operator or provider;
(g) any other person.
1.6 Community
transport services
Community transport services are covered by the
Disability Standards only if they:
(a) use conveyances to which the Disability
Standards apply (see the definitions in the Standards); and
(b) provide a public transport service to the
public in general rather than to targeted groups of people.
So a bus that provides a service for people with a
specific type of disability would not need to comply with the Disability
Standards. However, a bus that offers a public transport service, in addition
to its targeted services, would need to comply with the Disability Standards.
1.7 Rides
in amusement parks
A ride in an amusement park becomes public
transport for the purposes of the Disability Standards if it serves to move the
general public from one location to another distant location. For example, a
monorail system that connects different areas within the park would need to
comply with the Disability Standards.
1.8 Issues
not dealt with by Disability Standards
If the Disability Standards do not deal with an issue
in relation to public transport, the requirements of the Disability
Discrimination Act 1992 apply in relation to the issue.
1.9 Other
applicable requirements — Australian Design Rule 58
The Disability Standards operate in conjunction
with other laws, regulations and codes that apply to public transport. For
example, buses must comply with Australian Design Rule 58 as well as the
Disability Standards. However, adherence to the Disability Standards is not a
ground for exemption from other statutory requirements, including fire or
safety regulations.
1.10 Other
applicable requirements — Australian Standards (AS) and Australian/New Zealand
Standards (AS/NZS)
(1) It is intended that the Disability Standards be read
in conjunction with certain industry guidelines such as Australian Standards
(AS) and Australian/New Zealand Standards (AS/NZS). In some States and
Territories, AS1428.1 (2001) has the force of regulations for
premises and infrastructure by being incorporated into the Building Code of
Australia.
(2) If provisions of AS1428.1 (2001) or AS1428.2 (1992)
are applied by the Disability Standards, they must be complied with by public
transport services in all States and Territories.
(3) The following
Australian Standards and Australian/New Zealand Standard are relevant to the
Disability Standards:
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AS1428.1 (2001)
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Design for access and mobility. Part 1: General
requirements for access — New building work, 2001
|
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AS1428.1 Supplement 1 (1993)
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Design for access and mobility. Part 1: General
requirements for access — Buildings — Commentary (Supplement to
AS1428.1–1993), 1993
|
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AS1428.2 (1992)
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Design for access and mobility. Part 2: Enhanced and
additional requirements — Buildings and facilities, 1992
|
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AS1428.4 (1992)
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Design for access and mobility. Part 4: Tactile ground
surface indicators for the orientation of people with vision impairment, 1992
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AS1735.12 (1999)
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Lifts, escalators and moving walks. Part 12: Facilities
for persons with disabilities, 1999 including Amendment 1 — 1999
|
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AS2899.1 (1986)
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Public information symbol signs. Part 1: General
information signs, 1986
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AS/NZS3856.1 (1998)
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Hoists and ramps for people with disabilities —
Vehicle-mounted. Part 1: Product requirements, 1998
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(4) Later and earlier versions of the above Standards are
not recognised in the Disability Standards.
(5) For ease of cross-reference, the Disability
Standards use some relevant headings from Australian Standard 1428.
1.11 Innovation
beyond the Disability Standards
The Disability Standards specify the minimum
requirements for public transport. Operators and providers are free to exceed
the Disability Standards in their services, premises, infrastructure and
conveyances. Operators and providers are also encouraged to adopt new
technologies that give improved access to public transport.
1.12 Multiple
solutions
Although the Disability Standards apply generally
to public transport, operational situations vary widely across modes of
transport and between various parts of Australia. Accordingly, the Disability
Standards assume that a variety of solutions will satisfy any particular set of
requirements. However, public transport must provide non-discriminatory access
for all passengers.
1.13 Design
specifications
(1) The Disability Standards prescribe outcomes that
public transport operators and providers must achieve to make their services
non-discriminatory. The Disability Standards are not, in general, hardware
specifications.
(2) There is no impediment to operators, providers or
manufacturers preparing specifications for particular categories of conveyances
or infrastructure that incorporate the technical requirements of the Disability
Standards. One example would be a new accessible taxi design. Another would be
an Australian Standard for an accessible bus.
(3) Conveyances manufactured, or infrastructure
constructed, to such specifications should then be acceptable elements of
non-discriminatory services. However, conveyances, premises or infrastructure,
on their own, are only part of the public transport system, and matching
elements need to be compatible for discrimination to be removed.
(4) Further, a conveyance, premises or infrastructure is
only a means to facilitate the provision of non-discriminatory services and the
use of a ‘standard’ conveyance can not relieve operators of the obligation to
comply with the Disability Standards for the conduct of their services.
Division 1.3 Range of disabilities
1.14 Disabilities
covered by Disability Discrimination Act
(1) Disabilities may be physical, intellectual,
psychiatric, emotional or sensory in nature.
(2) The Disability Discrimination Act 1992 covers
a range of disabilities, including the following:
(a) partial or total loss of sight;
(b) partial or total loss of hearing;
(c) partial or total loss of speech;
(d) disfigurements or deformities;
(e) difficulties in walking (including partial
or total loss of use of legs);
(f) difficulties in fully using arms (including
gripping);
(g) learning and orientation difficulties;
(h) sensitivity to chemicals causing malfunction
of a person’s body;
(i) chronic diseases, illnesses or other
medical conditions;
(j) emotional or behavioural conditions.
1.15 Disabilities
other than physical disabilities
While the Disability Standards include specific
criteria for some physical disabilities, operators and providers need to be
equally mindful of removing discrimination against people with medical,
intellectual, behavioural and emotional disabilities. In this regard, operators
and providers should avoid attitudinal or informational barriers that limit the
accessibility of public transport for some passengers.
Division 1.4 Rights and responsibilities
1.16 Rights
and responsibilities assumed in Disability Standards
(1) The Disability Standards assume certain rights and
responsibilities for operators, providers and passengers.
(2) The Disability Standards assume that operators and
providers will use their best endeavours to respect and promote the dignity and
independence of all passengers.
(3) The Disability Standards assume that passengers will
accept the constraints that are part of the safe and effective operation of
public transport services. They also accept that there are limits on what may
be practicable for providers and operators to supply in some circumstances.
(4) Specific rights and responsibilities are set out in
the following sections of this Part.
1.17 Payment
of fares
All passengers must be prepared to pay fares when
required. This does not prevent concessions being made available to passengers.
Anyone who has difficulty with standard payment systems may expect special
arrangements to be made.
1.18 Explaining
and understanding networks
(1) Non-discriminatory access to public transport may
require some adjustments by operators and providers to existing methods of
service delivery.
(2) Operators have an obligation to ensure that
information about their service is presented in a way that passengers can
understand. However, operators may also choose to give assistance to
individuals.
(3) The Disability Standards assume that passengers:
(a) can understand information given in spoken,
written, tactile or diagrammatic form; and
(b) have the capacity to use a mass transit
system; and
(c) are competent to select their destinations,
modes and times of travel; and
(d) can communicate their destinations where
necessary.
1.19 Orientation
and motion
(1) Operators may determine the orientation of
passengers in conveyances but should note that many people have a preference
for facing forwards.
(2) Public transport necessarily involves motion such as
acceleration, deceleration, cornering and pitching. The Disability Standards
assume that passengers and their mobility aids are capable of tolerating such
motion.
1.20 Tolerating
emissions
(1) Many forms of transport involve emissions, including
the following:
(a) noise;
(b) gases;
(c) electromagnetic radiation from motors;
(d) power supplies;
(e) other substances, such as dust and smoke.
(2) The Disability Standards assume that passengers are
able to tolerate such emissions within the limits set by relevant environmental
and occupational health and safety regulations.
(3) It is assumed that operators and providers will
carefully consider the selection, use and maintenance of materials used in
public transport in accordance with established standards to eliminate or
minimise chemical sensitivity reactions in passengers.
1.21 Supply
of disability aids
Passengers sometimes need disability aids such as
breathing apparatus, body supports, glasses and hearing aids. Operators are not
responsible for the supply or operation of this kind of equipment under the
Disability Standards, but some may choose to give assistance as an ancillary
service.
1.22 Safety
(1) The Disability Standards do not address matters of
safety that are dealt with by Commonwealth, State or Territory Governments.
However, the Disability Standards do require that all passengers be able to
travel with the same level of safety.
(2) The Disability Standards assume the following:
(a) mobility aids have effective braking
systems;
(b) their users can apply the brakes;
(c) mobility aids are stable under normal
conveyance manoeuvring forces;
(d) passengers will ensure that their wheelchairs
and similar mobility aids comply with relevant safety requirements such as
criteria for belt anchorage points.
(3) Regulations that require passengers to wear safety
belts apply equally to all passengers.
1.23 Hidden
disabilities
(1) Some passengers’ disabilities are not visible. The
Disability Standards assume that passengers of this kind will identify their
disabilities to the operator or provider so that their needs can be
accommodated. In particular, such passengers need to identify their needs when
making bookings by telephone.
(2) The Disability Standards also assume that operators
or providers will arrange assistance for passengers who identify their needs.
1.24 Carers,
assistants and service animals
Some passengers may need to be accompanied by a
carer, assistant or service animal. A service animal is an animal trained by a
recognised individual or agency and is not subject to a fare. A carer or
assistant should be prepared to pay a fare.
1.25 Education
(1) The Disability Standards assume that operators’ and
providers’ staff are proficient in interacting with passengers in a way that
avoids discrimination. Unfortunate experiences have the potential to be a major
barrier to access for individuals.
(2) Similarly, it is assumed that passengers who are
unfamiliar with public transport are willing to participate in familiarisation
programs if necessary.
1.26 Publicity
Information is an essential component of any public
transport system. The Disability Standards assume that information about
accessible public transport services will be readily available.
Division 1.5 Amendments of draft Disability Standards
1.27 Amendments
of draft Disability Standards and compliance timetable
(1) There have
been a number of amendments of the draft
Disability Standards to take into account recommendations by the Australian
Transport Council and Government decisions to do the following:
(a) exclude limousines,
hire cars, and charter boats from the Disability Standards;
(b) exclude dedicated
school bus services, small aircraft (less than 30 seats), and airports
that do not accept regular public transport services from the physical access
provisions of the Disability Standards as set out in Part 1 of Appendix 1 to
these Guidelines;
(c) deal
with unresolved technical issues (see section 1.28);
(d) vary the
requirements for boarding devices and electronic notices.
(2) The compliance
timetable will also be amended to reflect a change from 90% compliance at 15
years to 80% compliance at 15 years for buses, and to extend the train and tram
timetable for compliance to take place over 30 years.
1.28 Issues that required further investigation
When the
Disability Standards were originally formulated, a number of unresolved
technical issues that related to conveyances were removed from the Standards.
The Department of Transport and Regional Services convened a technical review
committee to examine these matters. The technical review also made
recommendations about issues in addition to those excluded from the original
Disability Standards. Amendments made to the Disability Standards and these
Guidelines as a result of the technical review are listed in Part 2 of Appendix
1 to these Guidelines.
1.29 References
to Australian and Australian/New Zealand Standards
Throughout the Disability Standards and these
Guidelines, minor amendments have been made to the references to particular
Australian Standards and an Australian/New Zealand Standard. See, in
particular, section 1.6 of the Disability Standards and section 1.10 of these
Guidelines.
Part 2 Access paths
2.1 General
(1) The concept of an ‘access path’ is used in the
Disability Standards to specify requirements for independent movement of
passengers through premises and infrastructure. The existence of an access path
is implicit in many sections of the Disability Standards.
(2) Because the Disability Standards cater for people
with many types of disabilities, and a variety of services, some sections are
relevant only to particular situations.
(3) The consequence is that while a common path is
preferable, an access path may have to be duplicated in some locations.
2.2 Avoidance
of hazards on access paths
Operators should avoid hazards created by poles,
columns, stanchions, bollards and fixtures alongside access paths. For example,
operators and providers should avoid the use of short posts to prevent delivery
vehicles from driving onto parts of pedestrian areas. Similarly, they should
avoid having commercial signs projecting from walls or portable ‘sandwich’
advertising boards.
2.3 Use
for other purposes
Access paths are often used for other purposes,
such as standing areas, but it is expected that passengers will be able to
transit them and that they will be cleared for people with disabilities when
required.
2.4 Non-complying
access paths
An access path that departs in minor ways from the
Disability Standards may be regarded as satisfying the Disability Standards if
it meets the performance requirements of AS1428.2 (1992) Clause 7
with equivalent effectiveness, amenity, availability, convenience, dignity and
safety. However, direct assistance may be required to ensure that a
non-conforming access path of this kind is available to all passengers.
Part 3 Manoeuvring areas
3.1 General
(1) The Disability Standards recognise that the space
restrictions and design limitations of many conveyances can inhibit the
movement of passengers using mobility aids such as manual and powered
wheelchairs, scooters, walkers, braces, artificial limbs, canes and crutches.
These design limitations include driver location, engine position and roof height
restrictions.
(2) However, it is the intent of the Disability
Standards to ensure that passengers of that kind can gain independent access.
(3) The Disability Standards therefore outline in
performance terms how operators are to accommodate people using mobility aids.
3.2 Use
for other purposes
Manoeuvring areas may be used for other temporary
purposes, such as fare payment, as long as they remain available for use, if
required, by passengers using mobility aids.
Part 4 Passing areas
4.1 Width
of passing areas
The intent of the Disability Standards is that
passing areas be wide enough for 2 passengers, each using a mobility aid, to
pass one another.
4.2 Passing
on access paths
The Disability Standards assume that a passenger
using a mobility aid should not have to move more than 6 metres along an access
path to allow another passenger using a mobility aid to pass.
Part 6 Ramps
6.1 External
boarding ramps
Slope dimensions are given for external boarding
ramps on conveyances. The gradients are taken from Australian Standards for
ramps of limited length.
6.2 Internal
boarding ramps
Internal ramps are considered a separate part of
the access path and the slopes stipulated in AS1428.2 (1992)
Clause 8 should be applied.
6.3 Ramps
connecting pontoon wharves
Tides affect the slope of ramps connecting pontoon
wharves to land. On occasions, an unusually high tide may cause the ramp to be
too steep for unassisted access.
Part 7 Waiting areas
7.1 General
principle
The general principle is that operators and
providers should make seats and space available to passengers with disabilities
wherever waiting areas are provided. Examples of waiting areas are departure
lounges in airports or coach terminals.
Part 8 Boarding
8.1 Kinds
of boarding devices
Boarding devices include hoists, gangways, ramps,
scissor lifts, aerobridges or any other means of getting a passenger on or off
a conveyance.
8.2 Independent
access
(1) If the Disability Standards are observed, passengers
with disabilities will be able to board and alight from conveyances without
assistance. However, the design constraints of some conveyances are such that
the operator or provider may choose to give equivalent access by providing
assistance.
(2) Although operators would normally be responsible for
activating boarding devices, this should not be seen as diminishing the
principle that independent access is desired under the Disability Standards.
8.3 Kerbs
(1) If kerbs are in place, bus and coach operators, but
not taxi operators, may assume that the boarding point will be at least 150 mm
higher than the road surface. Consequently, operators and providers may need to
consult on matching conveyances with infrastructure or providing equivalent
access.
(2) If there is no kerb, it may be assumed that the
boarding point will be flat and stable.
Part 9 Allocated space
Division 9.1 Allocated space
9.1 Assumptions
underlying Disability Standards
(1) Two assumptions underlie the Disability Standards.
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.
(2) Thus, the Disability Standards require that specific
space be allocated on conveyances to accommodate passengers using wheelchairs
or similar mobility aids.
(3) Mobility aid users may not be able to enter or exit
an allocated space in a single manoeuvre, given the internal configurations of
a conveyance.
9.2 Buses
(1) There is a market niche for high frequency services
by ‘smaller’ buses with only one allocated space.
(2) The most practical way to distinguish between bus
sizes is the actual number of fixed seats.
(3) Thirty-two (32) fixed seats was selected as the most
practical dividing line between one and 2 allocated spaces on buses.
(4) Any passenger seat that is not in the allocated
space is considered a ‘fixed’ seat.
(5) The ‘allocated’ spaces may be used for other
purposes. For example, if an allocated space is not required by a passenger
with a disability, folding seats may be used to convert the allocated space to
general seating.
(6) The threshold of 32 seats should be jointly reviewed
by operators and consumers 2 years after the Disability Standards take effect.
The review should consider whether local experience has confirmed 32 fixed
seats as an adequate boundary.
9.3 Minimum
dimensions
(1) The Disability Standards use the minimum 800 mm by
1300 mm dimensions for allocated space from AS1428.2 (1992) even
though it was accepted, at the time of preparing the Disability Standards, that
the source data may have been dated.
(2) Although the introduction of these limits on public
transport may mean that manufacturers will restrict the dimensions of their product
wherever possible, operators and providers should be equally prepared for a
future revision of Australian Standards to increase the dimensions.
(3) Consequently, the Taskforce strongly recommends that
operators and providers offer additional area in allocated spaces, particularly
extra length, and take care to ensure that manoeuvring areas involving awkward
angles of approach are similarly generous.
9.4 Accessible
taxis
Although, at the time of taking effect, the
Disability Standards specify 1410 mm in accessible taxis as the minimum
internal headroom, it is anticipated that manufacturers will develop vehicles
suitable for taxis with headroom of at least 1500 mm by 1 January 2013. The headroom is distinct from the minimum vertical opening of the entrance (see Part
12, Doorways and doors).
Division 9.2 Restraints
9.5 Active
and passive restraining systems
The Disability Standards recognise the use of both
active and passive restraining systems.
9.6 Active
restraining systems
(1) An active restraint anchors a wheelchair or similar
mobility aid into an allocated space. Anchorage belts are an example of active
restraints.
(2) Regulations that normally require passengers to wear
safety belts apply equally to all passengers. This means that operators of
services on which safety belts are mandatory must provide restraints for use by
people with disabilities. Similarly, passengers need to use safety belts if
they are compulsory, unless the passengers have a dispensation through normal
channels.
9.7 Passive
restraining systems
(1) A passive restraining system contains movement of a
wheelchair to within an allocated space. A vertical surface that restricts the
movement of a wheelchair is an example of a passive restraint.
(2) An operator may rely on the sides of a conveyance,
or a padded rail, to act as passive restraints against excessive sideways
movement of a mobility aid. The allocated space could be located behind a
bulkhead to prevent forward movement. The passive restraints bounding an area
of this kind would then prevent a wheelchair from rolling or tipping.
Part 10 Surfaces
10.1 Surfaces
of access paths
The Disability Standards require access paths to be
stable and level across their width and slip resistant.
10.2 Access
path terminating at door of conveyance
The surfaces of an access path that terminates at
the door of a conveyance must be stable, slip resistant and of a texture that
does not impede mobility.
Part 11 Handrails and grabrails
11.1 Provision
of handrails
(1) The Disability Standards require handrails to be
provided to assist passengers to cope with changes of level, ramps, a narrowing
or a change of direction of an access path.
(2) It is not expected that handrails will be
universally provided inside conveyances. Grabrails should be considered where
handrails cannot be installed.
11.2 Colour
of handrails and grabrails
Handrails and grabrails would normally be colour
contrasted with their background and should not intrude into the minimum
accessible path of travel.
Part 12 Doorways and doors
12.1 Kinds
of doors
(1) The Disability Standards allow for doors that are
automatic, power assisted or manual.
(2) Automatic doors are preferable along an access path.
12.2 Activation
of doors
(1) On conveyances, it is acceptable for passengers or
staff to activate only particular doors at stops rather than have all doors
open unnecessarily. In such cases, and if not all doors are accessible, the
Disability Standards provide that the accessible doors be clearly identified.
(2) It is recognised that some conveyance doors, such as
on aircraft, buses and coaches, will have to be opened by the operator.
12.3 Entry
into conveyances
The intent of the Disability Standards is that
passengers using mobility aids should be able to enter conveyances without
having to lower their heads or change their normal posture.
12.4 Accessible
taxis
Although, at the time of taking effect, the
Disability Standards accept 1400 mm as the minimum vertical opening (as
distinct from internal headroom) for an accessible taxi, the expectation is
built into the Disability Standards that manufacturers will develop vehicles
with vertical openings of at least 1500 mm by 1 January 2013.
Part 14 Stairs
14.1 Stairs
not to be only means of access
(1) The requirement for an access path under the
Disability Standards means that stairs cannot be the sole means of access in
premises or infrastructure. However, stairs are acceptable as an optional route
on an access path.
(2) The intent of the Disability Standards is that
stairs should not be the only means of access to a conveyance nor should they
prevent passengers accessing essential on-board services such as food service
or toilets. However, it is recognised that unavoidable differences in levels
may mean that some sections of a conveyance might not be available to all
passengers.
Part 15 Toilets
15.1 Size
The intent of the Disability Standards is that
there will be sufficient clear space in an accessible toilet to allow a person
using a mobility aid to move between the various fixtures and to exit by moving
in a forward direction. However, it is accepted that some larger mobility aids
may have to exit by reversing. This implies that solutions, such as two-way
swinging doors and remote locking controls, may need to be considered.
Part 18 Tactile ground surface indicators
18.1 Dimensions
of indicators
The Disability Standards provide for an operator to
define key areas on an access path with tactile ground surface indicators for
people with vision impairment. The dimensions of the spaces to be defined are
detailed in AS1428.4 (1992).
Part 26 Hearing augmentation — listening systems
26.1 Hearing
augmentation — conveyances
If the requirements in the Disability Standards
relating to hearing augmentation for conveyances cannot be met for technical
reasons, the equivalent access provision of the Disability Standards (section
33.3) applies.
Part 27 Information
27.1 Assumption
of minimum literacy and language standards
(1) The Disability Standards provide that operators or
providers will supply all passengers with information necessary to use a
transport service.
(2) However, the Disability Standards assume that
passengers have a minimum level of literacy and language skills.
27.2 Formats
for providing information
(1) Operators and providers should expect requests for
information in formats such as standard or large print, Braille, audio,
touch-tone telephone, TTY and on-line computer or disks.
(2) Passengers should anticipate that certain formats
may only be available from certain outlets. For example, while bus drivers may
provide oral information on timetables and bus routes, they should not be
expected to have alternative format timetables on hand.
(3) If it is not possible for operators or providers to
supply information in a particular format, passengers may expect assistance to
be provided to enable them to use documentation in the available formats, for
example, the provision of a photocopy enlargement of a timetable.
(4) However, essential travel and safety information,
such as emergency instructions on aircraft, must be available in an accessible
format or direct assistance must be given.
(5) Operators could choose to announce scheduled stops
as one way of informing passengers of their whereabouts during a journey.
Part 28 Booked services
28.1 Notice
of passenger’s requirements
(1) The Disability Standards assume that booking
arrangements will recognise that some passengers:
(a) have specific needs when they travel; or
(b) need to travel with some kind of disability
or mobility aid.
(2) It is accepted that operators of booked services may
need advance notice to accommodate passengers with a disability and that these
passengers will need to identify their particular requirements. Examples of
such services include taxis, coaches or aircraft.
(3) Passengers who require accessibility features should
be prepared to identify their particular requirements when they book their
travel. If advance bookings are not required, it may be assumed that the
service will be fully accessible 20 years after the Disability Standards take
effect (30 years for trains and trams).
(4) If a passenger identifies a particular requirement
in making a booking, the operator (other than a taxi operator) should inform
the passenger fully of any relevant service options available. For example, the
operator may advise the passenger of 2 different services on the one day, for
example, one involving the use of an on-board wheelchair and the other enabling
the person to travel in his or her own mobility device.
Part 30 Belongings
30.1 Transport
of portable disability aid
(1) The Disability Standards require an operator to
transport any portable disability aid that a passenger carries on board and
normally requires for his or her wellbeing or mobility.
(2) Disability aids include mobility, prosthetic and
medical equipment. Examples of mobility aids are manual or powered wheelchairs,
scooters, walkers, braces, canes and crutches. Examples of prosthetic and medical
aids include hearing aids, communication devices, prostheses and breathing
equipment.
30.2 Disability
aids to be cabin or accompanied luggage
Passengers may expect that, if possible, an
operator will treat a disability aid as cabin or accompanied baggage. For
example, on an overnight train, passengers could expect to bring their
wheelchairs or other small aids into their sleeping compartments. On the other
hand, it would not be possible to transport an electric wheelchair in the
passenger compartment of an aircraft.
30.3 Entitlement
to baggage allowance
The carriage of a disability aid should not
diminish a passenger’s entitlement to normal baggage allowance. An operator
should not charge for carrying a disability aid unless regulations set fees for
luggage handling or for the time taken to load luggage. For example, in some
States, taxis are permitted to have their meters running while drivers loads
luggage.
30.4 Transport
of disability aid on same conveyance as passenger
(1) An operator should expect to carry a passenger’s
disability aid on the same conveyance as the passenger.
(2) If an operator needs to stow a passenger’s
disability aid in a compartment away from the passenger, the operator should
expect to carry the aid as priority baggage.
30.5 Assistance
to stow or retrieve mobility aid
A passenger who needs assistance to stow or
retrieve a mobility aid should be prepared to be asked to board or alight the
service before or after other passengers. For example, a coach company might
ask a passenger using a wheelchair to board before other passengers.
Part 31 Priority
31.1 Location
of priority seats
Passengers may anticipate that priority seating for
people with disabilities will be near an entrance. This is to benefit those
passengers with restricted movement or coordination difficulties.
31.2 Vacating
priority seats
The Disability Standards assume that operators will
ensure that relevant passengers are informed of the need to vacate priority
seats and spaces for persons with disabilities.
Part 32 Adoption
32.1 New
and imported items
(1) Public transport is primarily expected to become
accessible by replacement or upgrading of conveyances, premises and
infrastructure at the end of their service lives. All new items must comply
with the Disability Standards so that non-conforming stock is gradually retired
or upgraded.
(2) Conveyances that are ‘second-hand’, but are imported
for use as public transport in Australia, are considered to be new and must
comply with the Disability Standards.
32.2 Specialised
conveyances
Specialised, niche market conveyances would not
necessarily be expected to be fully accessible. However, the operator would
need to make reasonable efforts to assist with an accessible service option.
32.3 Upgrading
of premises
(1) It is expected that premises will be brought up to
the requirements of the Disability Standards to the maximum extent possible
whenever they are substantially upgraded, reconstructed, or refurbished. For
instance, a train operator might install access ramps or lifts when replacing
an overhead bridge. ‘Substantial’ upgrading means periodic major works on
facilities but not routine maintenance.
(2) Note that it is the particular upgrading,
reconstruction or refurbishment that must comply with the Disability Standards
and not the infrastructure as a whole. For instance, providers don’t have to
put in a lift if they are only upgrading their information system or
constructing a waiting room.
32.4 New
and replacement equipment
Operators and providers are expected to comply with
the Disability Standards when they install new or replacement equipment. For
example, hearing loops should be included when a public address system is
installed or replaced.
32.5 Alterations
of ancillary services
‘Ancillary services’ refers to facilities such as
cafeterias and club lounges. It does not refer to new bus routes or increased
levels of service. All changes or additions to ancillary services should comply
with the Disability Standards. For example, a provider would need to make a new
dining room accessible.
32.6 Revision
of timetables and other information
If operators make changes to timetables or other
information in relation to a public transport service, the new timetables or
information should be produced in alternative formats.
Part 33 Compliance
Division 33.1 Time for compliance
33.1 New
public transport systems
All new public transport systems must comply with
the Disability Standards from the date on which the Disability Standards take
effect.
33.2 Existing
public transport systems
(1) Existing public transport will progressively become
accessible over a 20‑year period with substantial access within 10 to 15
years (30 years for trains and trams).
(2) The Disability Discrimination Act 1992
obliges transport operators and providers to comply with the Disability
Standards in relation to their services and to adhere to the compliance
targets.
(3) Operators and providers may comply with any
provision of the Disability Standards earlier than stipulated.
(4) The Disability Discrimination Act 1992 does
not provide for approvals of services. Compliance is the responsibility of
operators and providers. Enforcement is by complaint to the Human Rights and
Equal Opportunity Commission (HREOC) or, if a complaint to HREOC
is terminated, an application to the Federal Court or the Federal Magistrates
Service.
33.3 Order
for compliance
(1) Operators and providers may decide the order in
which their conveyances, premises and infrastructure become accessible.
However, it is expected that they will give priority to main routes or key
facilities to maximise the short‑term community and commercial benefits.
Operators may benefit from consulting with people with disabilities before
making these decisions.
(2) For example, a train operator might upgrade stations
and carriages on the busiest lines first. Similarly, local government and a bus
operator might cooperate to deploy new accessible buses on the busiest routes
with bus stops on those routes upgraded as a local priority.
(3) Bus stops are therefore treated separately to other
infrastructure in the compliance schedule (see Schedule 1 to the Disability
Standards) so that providers can upgrade all components of a particular bus
stop at the one time.
33.4 Compliance
by retrofitting
(1) The compliance requirements of the Disability
Standards may be met by retrofitting premises, infrastructure and conveyances.
(2) Operators and providers may elect to meet the target
dates for accessible services through a combination of replacement and
retrofitting.
(3) If an operator will not achieve compliance with the
Disability Standards through the purchase of new conveyances, premises and
infrastructure by the twentieth year after the Disability Standards take effect
(thirtieth year for trains and trams), retrofit will be required.
33.5 Compliance
by each type of service run by an operator
(1) The reference to ‘each type of service’ in Schedule
1 to the Disability Standards means that an operator that runs services using
several different modes must comply with the Disability Standards for each
mode. For example, a rural train operator may also run feeder bus services.
(2) Further, it also allows an operator to distinguish
between discrete types of services even though the same conveyance may be used.
For example, a rural bus operator may run route services using a coach that is
available for charter tours.
(3) In many cases, each timetable entry would be
considered a service. In other situations, the operator may need to comply
according to the number of conveyances making up an unscheduled service or the
number of facilities that have been made accessible.
Division 33.2 Equivalent access
33.6 Meaning
of equivalent access
(1) ‘Equivalent access’ refers to alternative methods of
assisting passengers with disabilities to use public transport where there are
unavoidable constraints on unassisted access.
(2) For example, when a station upgrade in one location
presents engineering difficulties, a rail network operator may choose to
upgrade a nearby station as a priority and take reasonable interim steps for
passengers to use the accessible station until the difficult location has been
made accessible.
33.7 Methods
of providing equivalent access
(1) The Disability Standards do not allow for equivalent
access to be provided by a segregated or parallel service such as an accessible
taxi service substituting for an inaccessible bus service.
(2) The Disability Standards are intended to remove
discrimination from public transport services. They do not impose particular
technical solutions where other methods are equally effective and appropriate.
(3) For example, there is no impediment to an operator
using a high floor bus with a boarding platform rather than a low floor bus with
a ramp.
Division 33.3 Direct assistance
33.8 Provision
of direct access
(1) An operator or provider will be regarded as giving
equivalent access to public transport when assistance is provided to the person
in a way that gives an equivalent level of access to the service. The level of
assistance provided should be in response to the person’s independence and
should enable the person to preserve his or her dignity. This assistance can be
given during or after the implementation period.
(2) An operator or provider is permitted to give direct
assistance in emergency situations such as evacuation.
(3) An operator or provider may give equivalent access
through direct assistance to a person over and above that provided to other
passengers as follows:
(a) before and after travel;
(b) during boarding and alighting;
(c) while travelling.
33.9 Assistance
before or after travel
If an operator can not provide services in a way
that is accessible to all people with disabilities, they can assist passengers
with:
(a) information about the service; or
(b) the purchasing and validation of a ticket.
33.10 Assistance
during boarding and alighting
(1) People with disabilities can be assisted to board or
alight from conveyances, such as coaches and aircraft, through the provision
of:
(a) mobility aids on conveyances where design
constraints prevent use of a person’s own mobility aid; or
(b) assistance in moving from a wheelchair into a
fixed seat if an allocated space is not provided.
(2) In giving assistance, the operator may decide that
passengers with disabilities should board before, and alight after, other
passengers.
33.11 Assistance
while travelling
Once on board, passengers with disabilities may
request assistance with:
(a) information about the approach of their
stop; or
(b) moving to and from on-board facilities or
toilets; or
(c) information or advice if there is an
unscheduled change to services, or the timeframe does not allow for information
to be provided in a preferred format.
Division 33.4 Exceptional cases
33.12 Non-compliance
due to unjustifiable hardship
(1) The Disability Discrimination Act 1992
recognises that an operator or provider need not comply with the provisions of
the Act if it is proved that the operator or provider will be exposed to
unjustifiable hardship. This defence is restated in the Disability Standards to
ensure that it remains available in exceptional circumstances.
(2) The definition of unjustifiable hardship
is based on the definition in the Disability Discrimination Act 1992.
This is consistent with the performance-based approach of the Disability
Standards. If this definition expands on the definition in the Disability
Discrimination Act 1992, it should be considered as being in addition to
and, to the extent possible, consistent with the definition in that Act.
33.13 Maximum
compliance required
(1) Notwithstanding an unjustifiable hardship defence,
if an operator or provider cannot comply with all requirements of the
Disability Standards, the Standards require compliance to the maximum extent
possible.
(2) In such a case, and if a complaint is lodged with
the Human Rights and Equal Opportunity Commission, the operator or provider
will be required to establish the grounds upon which full compliance with the
Disability Standards imposes unjustifiable hardship on the operator or provider
in relation to the operation of the service.
33.14 Matters
to be taken into consideration
(1) The Disability Standards include a checklist of
factors that may be taken into consideration in arguing unjustifiable hardship.
The checklist is not exclusive.
(2) It is intended that the checklist will assist the
Human Rights and Equal Opportunity Commission, the Federal Court and the
Federal Magistrates Service by outlining the major matters relevant to public
transport.
(3) An operator or provider that is seeking to prove
unjustifiable hardship must also prove that the opportunities for providing
equivalent access have been exhausted.
(4) For example, after consulting with relevant authorities
and passengers about equivalent access, a ferry operator may conclude that
difficult topographical conditions at a wharf present unique problems and may
choose to argue unjustifiable hardship.
33.15 Exemptions
(1) Amendments to
the Disability Discrimination Act 1992 have been made to allow for
applications to be made to the Human Rights and Equal Opportunity
Commission (HREOC) for the
granting of an up-front exemption, for example, on the basis that it may not be
possible to fully comply with disability standards for financial, technical or
other reasons. An operator or provider would have to comply with any terms and
conditions specified, for the period specified, in the exemption instrument.
(2) An exemption
will protect an operator or provider from a complaint that might otherwise
arise about a breach of the relevant disability standards. Exemptions can be
granted for a maximum of 5 years and a further exemption application can be
made.
(3) Before granting
an exemption from the Disability Standards, HREOC must take into account the
advice of a body prescribed in the Regulations. The body prescribed for that
purpose is the Accessible Public Transport Jurisdictional Committee. HREOC may
also consult any other body or person about the exemption.
Part 35 Enforcement and action plans
Division 35.1 Enforcement
35.1 Complaint
to HREOC
(1) The primary means of ensuring compliance with the
Disability Standards is through a complaint to the Human Rights and Equal
Opportunity Commission (HREOC).
(2) If a person believes that a public transport service
is failing to implement the requirements of the Disability Standards, or adhere
to the compliance schedule set out in Schedule 1 to the Disability Standards,
the person may lodge a complaint with HREOC.
(3) A complaint may be lodged with HREOC by an aggrieved
individual or any person or group on behalf of one or more aggrieved persons.
35.2 Investigation
of complaint
(1) The Human Rights and Equal Opportunity Commission
must investigate and, if appropriate, attempt to conciliate the complaint. If
conciliation is inappropriate or unsuccessful, HREOC will terminate the
complaint. The complainant may then make an application to the Federal Court or
the Federal Magistrates Service alleging unlawful discrimination.
(2) If the Federal Court or the Federal Magistrates
Service is satisfied that there has been unlawful discrimination, the Court or
the Service may make any orders it considers fit, including directing the
respondent not to repeat, or continue, the unlawful discrimination and to pay
damages.
35.3 Complaint
alleging discrimination
Any issues not covered by the Disability Standards
remain subject to the existing provisions of the Disability Discrimination
Act 1992. It should be noted also that a complaint of discrimination may
still be made even though there has been compliance with the Disability
Standards. However, if the operator or provider has complied with the
requirement of the Disability Standards complained about, a complaint of
discrimination would fail.
35.4 Further
information
See the Disability Discrimination Act 1992 and
the Human Rights and Equal Opportunity Commission Act 1986 for a fuller
understanding of the obligations and processes involved in making a complaint
in relation to non-compliance with the Disability Standards.
Division 35.2 Action plans
35.5 Submission
of action plan to HREOC
(1) Operators or providers may indicate their intention
to comply with the Disability Standards by submitting an action plan to the
Human Rights and Equal Opportunity Commission. An action plan would be an
important consideration in any subsequent hearing of a complaint.
(2) For example, after consultation with the community,
an operator or provider may believe there will be overall advantage to
passengers by proposing a compliance strategy that differs from the compliance
schedule set out in Schedule 1 to the Disability Standards. However, full
compliance would still be required within 20 years (30 years for trains and
trams).
(3) Similarly, an operator who is not able to acquire
new conveyances, but relies on the second-hand market for replacement
conveyances, could prepare an action plan indicating a deferred replacement
date. The action plan might propose a method to deliver equivalent access in
the meantime.
35.6 Consultation
by HREOC
The Human Rights and Equal Opportunity Commission (HREOC)
may consult with Commonwealth, State and Territory transport administrations
for technical and commercial advice about public transport services. In dealing
with an application for exemption from the requirements of the Disability
Standards, HREOC will consult the Accessible Public Transport Jurisdictional
Committee and may consult with any other person or body.
Part 36 Consultation
36.1 Consultation
with government and passengers
(1) The Disability Standards encourage consultation
between operators, providers, all levels of government and the community to
ensure that accessible public transport initiatives will reflect local and
regional needs.
(2) Operators and providers are encouraged to appoint
access coordinators to facilitate liaison with user groups.
(3) The most important consultation is expected to be
between operators, local government and passengers. These consultations will
allow operators and providers to develop cooperative implementation plans that
ensure the introduction of accessible services according to locally set
priorities.
Part 37 Customer service
37.1 Attitude
of staff
(1) The Disability Standards assume that operators of
public transport premises and infrastructure will ensure that their staff are
proficient in interacting with passengers in ways that do not discriminate
against people with disabilities.
(2) Attitude is one of the main barriers to
non-discriminatory access for people with disabilities. To counter any inherent
discrimination in the provision of public transport services, it is recommended
that staff orientation and education programs include components on disability
awareness and rights.
37.2 Orientation
and education programs
Staff orientation and education programs should
enable staff to provide assistance that is helpful without being patronising in
language, attitude or actions.
37.3 Customer
service programs
Some appropriate inclusions in customer services
programs are:
(a) awareness education of the difficulties a
passenger with a disability may face at different stages of a journey; and
(b) training in the use and upkeep of accessible
features such as boarding ramps, wheelchair lifts, hearing loops and tactile
tiling.
Part 38 Due diligence and reasonable precautions
38.1 Liability
for conduct of agents or employees
(1) Section 123 of the Disability Discrimination Act
1992 provides that an operator or provider is liable for unlawful conduct
by its agents or employees unless the operator or provider has exercised ‘due
diligence’ and taken ‘reasonable precautions’ to avoid the unlawful conduct.
This includes unlawful acts defined by the Disability Standards.
(2) In such cases, the transport operator or provider
would bear the onus of demonstrating that reasonable precautions had been taken
and due diligence had been exercised.
(3) The Disability Discrimination Act 1992 does
not explain what constitutes due diligence or reasonable precautions. This will
be considered by the Human Rights and Equal Opportunity Commission, the Federal
Court or the Federal Magistrates Service in respect of individual complaints.
(4) It might be noted that the Federal Court has
previously held that the concepts of reasonable precautions and due diligence
require active measures. An operator who has done nothing to prevent or remove
discrimination simply because it was not known that it was occurring is not
likely to be able to establish the defence under section 123 of the Disability
Discrimination Act 1992.
38.2 Discrimination
in contracted services
(1) Operators and providers sometimes arrange for
delivery of public transport services under a contract with other individuals
or organisations, rather than by providing the services directly. In these
cases, the direct service provider would be considered an agent. The principal
operator would be liable under section 123 of the Disability Discrimination
Act 1992 for any discrimination in the course of the provision of the
service by the agent unless reasonable precautions have been taken and due
diligence exercised.
(2) As a minimum, reasonable precautions and due
diligence, in this context, may include prompt and effective action being taken
in response to any indications that such specifications are not being complied
with.
(3) Where reasonably available, auditing or reporting
mechanisms and establishment or promotion of consumer grievance procedures may
also be required and should be considered.
38.3 Discrimination
by staff
A single model of reasonable precautions and due
diligence against discrimination cannot be prescribed for all transport
operators. However, the following elements of an effective strategy should be
considered:
(a) making all relevant staff aware of the need
to avoid discrimination. Depending on the nature of the enterprise, this might
include issuing a formal policy statement on compliance with the Disability
Discrimination Act 1992 and more direct advice to staff;
(b) taking reasonable measures to ensure that
staff have sufficient information and expertise in relation to
non-discriminatory methods of service delivery. Depending on the nature of the
enterprise, and the role of staff concerned, this may include providing formal
training;
(c) establishing or using and promoting existing
complaint procedures regarding discrimination;
(d) ensuring that complaints are properly and
effectively dealt with;
(e) implementing other reasonably available
monitoring strategies, additional to complaint mechanisms, including internal
monitoring through supervisory and management responsibilities and external
monitoring through customer reference groups.
Part 39 Role of Transport Authorities
39.1 Liability
of transport authorities for discrimination
(1) Section 122 of the Disability Discrimination Act
1992 provides that a person who ‘causes, instructs, induces, aids or
permits’ another person to do an unlawful act is also liable for that act.
‘Permitting’ an unlawful act may include failing to exercise a power reasonably
available to prevent the act, as well as giving direct permission to do an
unlawful act.
(2) The fact that a transport authority licenses or
regulates transport services does not in itself establish a relationship of
principal and agent so as to make the authority liable under section 123 of the
Disability Discrimination Act 1992 for discrimination by the operator.
However, licensing and regulatory authorities need to be aware of these
provisions in exercising their powers. For example, if a Government authority
fails to investigate a complaint that an operator or provider is ignoring
conditions of a licence and discrimination results, the authority may be liable
to a complaint under the Disability Discrimination Act 1992.
Part 40 Assumptions about public transport mobility aids
40.1 Criteria
for mobility aids in Disability Standards
The following criteria reflect assumptions
underlying the Disability Standards. They are useful as a guide for designers
of mobility aids. Intending passengers should also consider these criteria when
purchasing a mobility aid for use on public transport.
|
Weight
|
The total weight to be supported by a boarding device
needs to be not more than 300 kg
|
|
Width
|
The overall width of the mobility aid needs to be less
than 800 mm.
|
|
Head height
|
Until 31 December 2012, the maximum door clearance into a
taxi is 1400 mm while the internal head height is 1410 mm. These heights
both increase to 1500 mm after that date
|
|
Manoeuvrability
|
The mobility aid would need to be capable of turning
through 180 degrees within an area of 2070 mm by 1540 mm
|
|
Allocated space
|
The space for stationary mobility aids is 800 mm wide by
1300 mm long
|
|
Wheels
|
A mobility aid should be able to:
(a) cross a horizontal gap up to 40 mm wide; and
(b) mount a vertical rise (bump) up to 12 mm; and
(c) cross grating gaps up to 13 mm wide and 150 mm long
|
|
Brakes
|
Mobility aids need to have effective braking systems to
maintain stability and be able to withstand acceleration, braking, cornering
and pitching of conveyances
|
|
Anchoring devices
|
If anchoring devices are required by regulation, mobility
aids need to be able to accept and travel with anchoring devices fitted
|
|
Ramps
|
Mobility aids should be able to negotiate:
(a) a 1 in 14 ramp unassisted; and
(b) a 1 in 8 grade where the ramp is less than
1520 mm
|
|
Batteries
|
Electric mobility aids may need to comply with regulations
governing the carriage of batteries on public transport. Batteries need to be
adequately secured while gel or solid state options should be considered
|