Notice for exemption: Shane Radburn (2013)
Notice for exemption: Shane Radburn
The Australian Human Rights Commission has received an application from Mr Shane Radburn who runs a bus service under contract with Transport NSW. Mr Radburn seeks an exemption under the Disability Discrimination Act 1992 (Cth) and the Disability Standards for Accessible Public Transport 2002 (Transport Standards).
Application
Mr Radburn operates two bus services for Transport NSW, using the same bus to operate:
- a school bus service for Captain’s Flat Primary School; and
- a scheduled public passenger service from Captain’s Flat to Queanbeyan one day per week from 9am (after school starts) and returning to Captains Flat prior to school finishing.
The bus is not wheelchair accessible. Mr Radburn seeks an exemption from complying with the Transport Standards requiring scheduled public transport passenger services to be 55% compliant with accessible vehicles from 31 December 2012.
Mr Radburn states:
- The school bus service crosses the Molonglo River using a bridge engineered to a 5 tonne capacity. He says that the bus is 4.5 tonnes but that his research suggests that updating the bus to be wheelchair accessible would increase its weight over the 5 tonne limit of the bridge.
- To divert around the bridge would add an additional 80 kilometers to the school bus service which is unacceptable to the students and Transport NSW. He says that he has been negotiating with Palerang Council to increase the load bearing capacity of the Foxlow Bridge but that ‘they have given no indication as to when this may happen’.
By letter dated 21 January 2013, the Commission requested further information from Mr Radburn in support of his application for an exemption, including:
- the route of the school bus service and the alternate route that the bus would have to take to avoid the bridge across the Molonglo River; and
- any correspondence he has had with Palerang Council regarding the upgrading of the Foxlow Bridge.
The response from Mr Radburn, including supporting documentation is below:
By email dated 19 February 2013, Mr Radburn stated that if the Commission grants a temporary exemption he will meet the following commitments to improve access:
- acquire a larger, accessible bus by 31 October 2014;
- engage with Palerang Council to encourage it to improve the weight limit on the Foxlow Bridge; and
- negotiate with Transport NSW to ensure that if the bridge is not upgraded by September 2014, that the alternative school routes are acceptable to it.
Documents
Request for Submissions:
The Australian Human Rights Commission is presently considering this exemption application and invites interested parties to make submissions, preferably by email to legal@humanrights.gov.au. Submissions may also be addressed by mail to the Legal Section, Australian Human Rights Commission, GPO Box 5218, Sydney NSW 2001.
Submissions must be received by 17 April 2013. Submissions received after this date will not be considered.
To promote open public discussion and exchange of views, the Australian Human Rights Commission intends to post submissions made electronically on its internet site. Any requests for material to be treated as confidential should be clearly indicated.