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