Application for temporary exemption: Redline buses

• Decision- see Decision to refuse exemption (30 August 2012).
• See submissions in response to exemption application.

The Commission received an application (attached, RTF format) under clause 31A of the Disability Standards for Accessible Public Transport  (DSAPT) from Redline buses, Tasmania in relation to inter-city services operated by them.

Application

Redline advise that in 2010 they purchased a number of new buses which do not meet the accessibility specifications of the DSAPT. They advise however that they are in compliance with the requirement for 25% of services to be accessible and plan to meet the increase in accessibility requirements to 55% which applies from 31 December 2012.

They advise that:

• low floor buses are unsuitable for city to city services
• fitting lifts to the buses purchased would involve hardship on financial grounds
• negotiations are proceeding for accessible new coaches to be introduced from 2012.

Discussion

For general public transport bus services, the currently applicable requirement under the DSAPT is that 25% of an operator's services must be provided using vehicles meeting DSAPT accessibility requirements. This requirement has been applicable from 31 December 2007. From 31 December 2012 (which is within the period of the exemption requested) this requirement rises to 55%.

It should be noted that in both cases the percentage requirements are subject to the defence of unjustifiable hardship if, where, and to the extent that this is able to be established.

The DSAPT have also required (since December 2002) that all vehicles newly introduced to public transport service should be accessible.

The following comment provided on the Commission's main website page on exemptions may assist people preparing responses to this application:

Please note that the Commission has not been prepared to grant exemptions simply to certify that discrimination may continue, on the basis of unjustifiable hardship or other defences.

However, the Commission has been prepared to grant exemptions on condition that the applicant makes and meets commitments to improve access or opportunity within a reasonable period. To grant an exemption in such circumstances (rather than leaving an applicant to raise possible hardship defences in response to complaints if access is not provided) can be appropriate as a means of promoting achievement of the objects of the DDA.

Request for submissions

In accordance with its policy on exemption applications , the Commission sought to give interested parties an opportunity to participate in the process of considering this application.

The Commission sought submissions by Friday 1 July 2011. Submissions were be made by email to disability@humanrights.gov.au or by mail to GPO Box 5218 Sydney 2000.

To promote open public discussion and exchange of views, the Commission posted on its website submissions received electronically, except where a request for material to be treated as confidential is clearly indicated.

 

David Mason

Director Disability Rights Policy

Australian Human Rights Commission

20 May 2011