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Disability standards for accessible public transport

5 year review of the Disability Standards for Accessible Public Transport

The Transport Standards were formulated under the Disability Discrimination Act 1992 and came into operation on 23 October 2002.  Part 34 of the Standards requires that a review of their effectiveness and efficiency be carried out within five years of commencement by the Minister for Transport and Regional Services, in consultation with the Attorney-General. 

In April 2007, the Allen Consulting Group was appointed to carry out the review.  A draft report was released in 2008 for public comment.  A large number of comments were received in the period ending 31 March 2008.  The report is currently being revised to take into account these comments and to assess the regulatory impact of the recommendations made.

The draft report is available in the downloads section of this page.

More information is available on the Allen Consulting Group's Review of the Disability Standards for Accessible Public Transport website.

What are the benefits of having Disability Standards for Accessible Public Transport?

Access to public transport is crucial to the ability of people with disability, and their families and carers, to participate fully in community life. The Standards also benefit many older Australians and parents with infants in prams who use public transport services.

The Disability Discrimination Act 1992 (DDA) seeks to eliminate discrimination against people with disability as far as possible.  The Standards provide transport operators and providers with certainty about their obligations under the DDA.  Compliance with the relevant requirements will provide operators with protection from a complaint of unlawful discrimination.

The Australian Human Rights Commission is able to grant temporary exemptions from the requirements of the Standards, to ensure that the system operates in a fair and balanced way.

What do the Disability Standards for Accessible Public Transport do?

The Standards establish minimum accessibility requirements to be met by providers and operators of public transport conveyances, infrastructure and premises. The Standards take into account the range of disability covered by the DDA and apply to most public transport.

The Standards set out requirements in relation to issues such as access paths, manoeuvring areas, ramps and boarding devices, allocated spaces, handrails, doorways, controls, symbols and signs, the payment of fares and the provision of information.

All conveyances, premises and infrastructure brought into use for public transport after the commencement of the Standards must comply with the Standards.  A compliance timetable allows between 5 to 30 years for existing facilities to be made compliant.

The Disability Standards for Accessible Public Transport Guidelines accompany the Transport Standards.  The aim of the Guidelines is to assist in understanding and interpreting the Transport Standards.  They have been updated and consolidated when amendments have been made to the Transport Standards and provide information on what changes have been made.

When did the Disability Standards for Accessible Public Transport come into effect?

The Standards commenced on 23 October 2002.

Disability Standards for Accessible Public Transport Amendment 2004 (No.1) (Technical Review Amendment)

The Disability Standards for Accessible Public Transport Amendment 2004 (No.1) (Technical Review Amendment) commenced on 2 April 2004.

The Technical Review Amendment covered a number of technical issues about conveyances that were excluded from the original Standards.  These included access paths, passing areas, hearing augmentation, lighting, tactile ground surface indicators, allocated spaces, boarding devices and access signs.  It also made some minor amendments to the existing clauses in the Standards.

Disability Standards for Accessible Public Transport 2004 (No. 2) (Correction Amendment)

The Disability Standards for Accessible Public Transport 2004 (No. 2) (Correction Amendment) commenced on 11 May 2005.

The Correction Amendment made minor technical amendments to the Transport Standards.  It corrected references to particular Australian and Australian/New Zealand Standards and made minor changes to clarify technical requirements.

Frequently asked questions

• Can a transport operator or provider obtain an exemption from the Disability Standards for Accessible Public Transport?
• What is unjustifiable hardship?
• How does the compliance timetable work?
• What is the 5-Year Review?
• What particular exclusions are there from the Disability Standards for Accessible Public Transport?

Can a transport operator or provider obtain an exemption from the Disability Standards for Accessible Public Transport?

The DDA provides that the Australian Human Rights Commission may grant appropriate temporary exemptions from the Transport Standards.  The exemption process is intended to be simple, transparent and accessible for the public.

The Commission, in considering an application for exemption, is required to obtain advice from the Accessible Public Transport Jurisdictional Committee.  The Jurisdictional Committee is comprised of representatives of the Australian Government and State and Territory transport or equivalent departments.
 
The Commission may also consult other appropriate bodies or people including the disability sector.  In this way the Commission can take into account technical and other advice from a broad range of interests before making a decision to grant an exemption.

Exemptions are for a specified period not exceeding 5 years and are subject to terms and conditions as specified in the exemption instrument. The Commission may grant a further exemption from the Standards.  The Commission’s decision about whether to grant an exemption from the Standards is reviewable by the Administrative Appeals Tribunal.

What is unjustifiable hardship?

Under the DDA, ‘unjustifiable hardship’ is a defence against a claim of unlawful discrimination. The Standards provide that compliance is required to the maximum extent not involving unjustifiable hardship.

The Standards outline a range of issues to be taken into account when considering whether unjustifiable hardship exists in particular cases.  These include issues such as costs; exceptional operational, technical or geographic factors; resources reasonably available; likely benefits or detriment of compliance; action plans developed; consultations involving people with disability; and good faith efforts to comply.

How does the compliance timetable work?

Public transport is expected to become more accessible by the replacement or upgrading of conveyances, premises and infrastructure at the end of their service lives. All new items have to comply with the Standards, so that non-conforming items are gradually retired or upgraded.
             
The compliance timetable ensures that increased accessibility is provided in a way that does not create an undue burden for operators and providers.  It allows for incremental compliance with the relevant requirements over 30 years, with milestones at the fifth, tenth, fifteenth, twentieth and thirtieth years.   

For example, 10 years after the Standards commence operators and providers must ensure full compliance with the relevant requirements in relation to surfaces; handrails and grabrails; gateways; and vending machines. After 20 years, all buses must be fully compliant with the Standards.

What is the 5-Year Review?

The Standards require that the Minister for Transport and Regional Services, in consultation with the Attorney-General, review the efficiency and effectiveness of the Standards within 5 years after they take effect, and every 5 years thereafter.  The review is to consider whether discrimination has been removed as far as possible according to the compliance requirements, and whether any amendments to the Standards are needed. The first 5 year review is currently underway.

What particular exclusions are there from the Disability Standards for Accessible Public Transport?

In general the Standards apply to the full range of public transport conveyances, premises and infrastructure. However, the development of the Standards aimed to achieve a sensible balance between eliminating, as far as possible, discrimination against people with disability, and ensuring that industry is not unduly burdened in the process.

In response to recommendations on initial drafts of the Standards by the Australian Transport Council, and recommendations made in the Regulation Impact Statement (RIS), the Government agreed that it was appropriate that some exceptions be made to the application of the Standards.

Limousines, hire cars and charter boats

Limousines, hire cars and charter boats have been exempted from the operation of the Standards.  They provide a pre-booked and unique service and at least in some cases it is unlikely that the service they provide is a 'public transport service' for the purposes of the Standards.

Dedicated School Bus Services

A dedicated school bus service is defined in the Standards to mean 'a service that operates to transport primary or secondary students to or from school or for other school purposes'. Concerns about difficult terrain, poor infrastructure and unjustifiable cost of compliance were raised during the RIS process. It was estimated that it would cost $1.265 billion over 20 years to make these services accessible.

Small aircraft

The exemption relates to small aircraft with fewer than 30 seats. There are many technical problems associated with making a small aircraft accessible, such as the restricted confines of the aircraft cabin, insufficient luggage space and the limited weight carrying capacity of some aircraft.

Airports that do not accept regular public transport services

Many small airports do not have a regular staff and are mostly used by non-commercial or charter flights. Many are not licensed to accommodate regular public transport services. Also, a large proportion of airports do not generate the volume of revenue necessary for capital improvements.