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Guidance: Rights of disabled passengers on transport

Department For Transport

November 23
12:14 2022

Rail

Obligations on rail transport providers

All licensed train and station operators are required to establish and comply with an accessible travel policy (ATP). An operators ATP sets out the level of services and facilities that disabled passengers can expect, how to get assistance and how to get help if things do go wrong. The Office of Rail and Road (ORR) approves and monitors train and station operators compliance with the ATP requirements.

The assistance offered by each operator vary slightly but as a minimum all operators must provide:

  • passenger assist: assistance should be provided at all stations during hours when trains are scheduled to serve the station. Booking required 24 hours in advance until 31 March 2020
  • alternative accessible transport: if a station is inaccessible, operators must provide, without extra charge, an appropriate alternative service to the next, most convenient, accessible station
  • assistance must also be provided when this has not been arranged in advance, depending on conditions at the time of travel as well as staff availability
  • tickets and fares: if disabled passengers are unable to book a ticket in advance, they must be able to do so at the station without penalty on the train or at the station
  • luggage: operators must ensure staff will be available to assist when this assistance has been arranged in advance
  • scooter carriage: operators must make policy clear in an ATP, particularly with regard to any policy excluding carriage of scooters
  • passenger information: operators must provide up to date information about accessibility of facilities and services, timetables, fares, connections and delays, disruption, diversions and emergencies
  • aural and visual information: commitment to provide, wherever possible, clear and consistent aural and visual information on train departures
  • the disabled persons railcard (DPRC): if youre eligible for a DPRC you can get up to a third off adult rail tickets by applying for a disabled persons railcard you must provide evidence of a relevant disability

Rail complaints and enforcement process

As a disabled passenger, if you are not satisfied with the rail service provided, you should contact the train operating company that you used. If you are not satisfied with the response, you can then contact the independent Rail Ombudsman. The Rail Ombudsman was established by industry to investigate and rule on unresolved customer complaints, with the power to issue decisions that are binding on the industry.

ORR is responsible for monitoring train operating companies compliance with their ATP obligations.

Cars

If you are driving and you have a medical condition or disability, you must inform the Driver and Vehicle Licensing Agency (DVLA).

Information on:

The Motability Scheme: If you are in receipt of a qualifying benefit then you can elect to join The Motability Scheme. The scheme can help you with leasing a:

  • car
  • powered wheelchair
  • scooter

The Department for Work and Pensions (DWP) is responsible for the disability benefits that provide a passport to the scheme. While DWP works closely with Motability, it is an independent charitable organisation that is wholly responsible for the terms and the administration of the scheme itself. Therefore all questions should be addressed to Motability.

Car complaints and enforcement process

Motability Scheme: Complaints can be registered directly with The Motability Scheme via a complaints form, telephone, and email or by post. Motability will try to resolve complaints straightway or within 8 weeks of the matter being raised. If you are not happy with how your complaint has been handled it can be referred to the Financial Ombudsman Service, free of charge.

Blue Badge Scheme: If you have been refused a Blue Badge, you can ask for the decision to be reviewed by the council. If you believe there was fault in the way the decision was reached you can contact the Local Government Ombudsman. The Ombudsman investigates complaints of injustice caused by maladministration or service failure. For more information on the application procedure and how to write a complaint go to your local Citizen Advice.

Buses and coaches

Obligations on car transport providers

Physical accessibility: Buses designed to carry over 22 passengers on local and scheduled routes must comply with the Public Service Vehicles Accessibility Regulations (PSVAR), and coaches must comply from 1st January 2020.

Driver responsibilities: Under the Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990 (the Conduct Regulations) drivers of public service vehicles must provide disabled passengers with certain types of assistance for example deploy boarding ramps and lifts when required, provide wheelchair users with assistance to board or alight the vehicle etc.

Bus stations and stops: local transport authorities (LTAs) are generally responsible for roadside infrastructure supporting bus services, including bus stations stops, and passengers should contact the relevant authority if facilities are insufficiently accessible to meet your needs. In undertaking their activities LTAs and other public bodies are subject to the Equality Act 2010 Public Sector Equality Duty (PSED) and the duty to make reasonable adjustments.

Local Buses in England: Concessionary Travel: In England the statutory bus concession provides eligible older and disabled people with free off peak local bus travel. Eligibility for the concession is on the basis of criteria enshrined in legislation.

English passes from councils are usable:

  • at any time on a Saturday, Sunday or bank holiday
  • from 9:30am to 11pm on any other day

For travel outside of these times, contact the relevant council.

People who think they may meet the criteria should contact their local authority for how to apply.

The Equality Act 2010 outlines that transport operators must make reasonable adjustments for disabled passengers. Only the Courts can determine definitively what action constitutes a reasonable adjustment. In January 2017 the Supreme Court clarified the law as it affects access to the wheelchair space for wheelchair users, ruling that drivers must do more than simply request other passengers vacate the space when it is required by a wheelchair user.

Bus and coach complaints and enforcement process

Physical accessibility: Responsibility for enforcing compliance with PSVAR rests with the Driver and Vehicles Standards Agency (DVSA) and the Office of the Traffic Commissioner (OTC). Passengers who believe a bus or coach which is subject to PSVAR, does not comply with its requi

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