Notice of temporary exemption application: Buchan Bus 'n Freight

See now decision and recommendation.
See also submission in response:

• South Australia Passenger Transport Board

Application

The Human Rights and Equal Opportunity Commission has received an application
from Mr D. Beaven, trading as Buchan Bus n Freight, for a temporary exemption
under section 55 of the Disability Discrimination Act (DDA) from the provisions
of the Disability Standards for Accessible Public Transport to permit
the introduction of a public transport service using a vehicle which is
not wheelchair accessible and which although second hand is new to public
transport service.

The application states that it is made on the basis of unjustifiable
hardship and indicates that:

• Buchan Bus n Freight is attempting to start as a trial a bus service
  for an isolated community of approximately three hundred households
  which lacks a public bus or freight service
• A new bus to provide full wheelchair access is not financially viable
  for this trial service
• Those local community members who use wheelchairs or scooters would
  be able to board the proposed bus with assistance, to be provided by
  the driver
• The bus will tow a trailer able to transport wheelchairs or scooters
  as freight
• Consideration of the application as rapidly as possible is requested
  in order to commence the service in time for summer trade.

The application (MS Word format) is attached.

Issues

The Disability Standards for Accessible Public Transport require staged
compliance with the Standards but also require compliance for new vehicles.
New vehicles are defined as vehicles new to public transport.

The intent of this provision appears to have included permitting bus
operators who for financial reasons rely on the second hand vehicle market
to continue to do so during the period while second hand accessible buses
have not yet become available.

If the applicant were obtaining a bus from another public transport operator
no need for an exemption to commence the proposed service would arise.

A breach of the Standards could be seen as occurring if the bus is purchased
from another source such as a community group or private owner. However,
the arrangements proposed for assistance of local persons with disabilities
and carriage of mobility aids could also be seen as achieving compliance
through equivalent access, as is permitted under the Standards.

An exemption in this matter to permit acquisition of a second hand bus
as proposed could be seen as consistent with the intent of the Standards,
particularly if made on condition that the operator implement the arrangements
proposed for assistance of local person with disabilities and carriage
of mobility aids.

Proposed recommendation

I propose to recommend to the Commission that the exemption applied for
in this matter be granted, for a period of two years and subject to the
condition that the operator implement the arrangements proposed for assistance
of persons with disabilities and carriage of mobility aids.

Call for submissions

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

Accordingly, the Commission seeks submissions by 11 December 2003, preferably
by email to disabdis@humanrights.gov.au . Submissions may also be addressed
by mail to Disability Rights Unit, Human Rights and Equal Opportunity
Commission, GPO Box 5218, Sydney 1042. Where submissions are made by mail
a copy on disc should be included if possible.

To promote open public discussion and exchange of views, the Commission
intends to make submission publicly available by posting submissions made
electronically on its Internet site. Requests for material to be treated
as confidential should be clearly indicated.

Graeme Innes

Deputy Disability Discrimination Commissioner

13 November 2003