Disability Standards for Accessible Public Transport Amendment 2004 (No. 1)

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Legislation au F2005B01060 Not in force Legislative Instrument

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Disability Standards for Accessible Public Transport Amendment 2004 (No. 1)

I, PHILIP MAXWELL RUDDOCK, Attorney-General, formulate these Standards under subsection 31 (1) of the Disability Discrimination Act 1992.

Dated 17 February 2004

PHILIP RUDDOCK

Attorney-General

1 Name of Standards

  These Standards are the Disability Standards for Accessible Public Transport Amendment 2004 (No. 1).

Note   These Standards take effect as provided by subsections 31 (3) and (4) of the Act.

2 Amendment of Disability Standards for Accessible Public Transport 2002

  Schedule 1 amends the Disability Standards for Accessible Public Transport 2002.


Schedule 1 Amendments

(section 2)

 

[1] Section 1.7

after

indicated

insert

in a table

[2] After section 2.5

insert

2.6 Access paths — conveyances

 (1) Subject to subsection (3) and section 2.7, an access path that allows continuous and unhindered passage must be provided with a minimum width of at least 850 mm.

 (2) Subsection (1) applies to doorways and stairs, and between entrances, exits, allocated spaces and other essential facilities for passengers using wheelchairs and other mobility aids.

 (3) If the conveyance exists or is ordered before the commencement of this section, the minimum width may be reduced to 800 mm at any doorway restriction.

 

Conveyances

 

 

 Buses

 Ferries

 Trains

 Trams

 Light rail

 

 

2.7 Minimum width between front wheel arches of bus

  Between the front wheel arches of a bus, the minimum width of an access path may be reduced to 750 mm between floor level and a height of 300 mm.

 

Conveyances

 

 

 Buses

 

 

2.8 Extent of path

 (1) An access path must extend from the entrance of a conveyance to the facilities or designated spaces provided for passengers with disabilities.

 (2) Up to 50 mm of an adjacent allocated space may be used as part of the access path.

 (3) If an access path cannot be provided, the operator must provide equivalent access by direct assistance.

 

Conveyances

 

 

 Buses

 Ferries

 Trains

 Trams

 Light rail

 

 

2.9 When is an access path not required

 (1) An access path need not extend inside the entrance of a conveyance.

 (2) If there is no access path inside the entrance of a conveyance, the operator must provide on-board wheelchairs or direct assistance to passengers to use on-board facilities or services.

 

Conveyances

 

 

 Accessible taxis

 Coaches

 Aircraft

 

 

[3] After section 4.2

insert

4.3 Passing areas conveyances

 (1) A ferry designed to carry more than 1 wheelchair must include at least 1 passing area for each accessible deck.

 (2) A train designed to carry more than 1 wheelchair must include at least 1 passing area for each accessible rail car.

 (3) The passing area must enable passengers travelling in mobility aids (conforming with the assumptions indicated in Part 40.1 of the Guidelines) to pass each other.

 (4) The passing area may comprise part of the allocated space or circulation space or both.

 

Conveyances

 

 

 Ferries

 Trains

 

 

[4] Subsection 8.6 (1)

omit

200 kg.

insert

300 kg.

[5] Subsection 8.8 (1)

substitute

 (1) It must be possible for a passenger to notify the operator of a conveyance that he or she needs a boarding device to board or alight from a conveyance.

[6] Section 18.1, table

substitute

 

 

Premises

Infrastructure

[7] Section 18.2, table

substitute

 

 

Premises

Infrastructure

[8] Subsection 19.1 (2)

substitute

 (2) Provision must be made for people with vision impairment to locate the exit path in the event of an emergency.

[9] Section 20.1, heading

substitute

20.1 Illumination levels — premises and infrastructure

[10] After section 20.1

insert

20.2 Illumination levels — conveyances

 (1) Any lighting provided must comply with minimum levels of maintenance illumination for various situations shown in the notes to AS1428.2 (1992) Clause 19.1, Illumination levels.

 (2) Lighting should be at least 150 lux at the entrance and at the point where a passenger pays his or her fare.

 

Conveyances

 

 

 Buses

 Coaches

 Ferries

 Trains

 Trams

 Light rail

 

 

20.3 Dimming

  Internal lighting may be dimmed as required to avoid reflection interfering with an operator’s vision.

 

Conveyances

 

 

[11] Section 26.1, heading

substitute

26.1 Public address systems — premises and infrastructure

[12] After section 26.1

insert

26.2 Public address systems — conveyances

  If a public address system is installed:

 (a) people who are deaf or have a hearing impairment must be able to receive a message equivalent to the message received by people without a hearing impairment; and

 (b) it must comply with AS1428.2 (1992) Clause 21.1, Hearing augmentation.

 

Conveyances

 

 

 Buses

 Coaches

 Ferries

 Trains

 Trams

 Light rail

 

 

[13] Further amendments — references to Australian Standards

 

Provision

omit

insert

Paragraph 1.6 (a)

1993)

2001)

Paragraph 1.6 (c)

1993)

2001)

Paragraph 1.6 (e)

1994)

1999)

Paragraph 1.6 (f)

1989)

1993)

Paragraph 1.6 (h)

1991)

1998)

Section 6.2 and paragraph 6.4 (a)

(1991)

(1998)

Paragraph 6.4 (b)

(1993)

(2001)

Paragraphs 6.4 (c) and 8.2 (a) and (b)

(1991)

(1998)

Subsections 9.10 (2) and 10.1 (2), and section 11.4

(1993)

(2001)

Section 13.1

(1994)

(1999)

Paragraphs 14.2 (a) and (b) and 14.3 (1) (a), section 15.1 and subsections 15.4 (2), (3), (4), (5) and (6) and 16.1 (1) and (2)

(1993)

(2001)

Sections 21.1 and 21.3

(1993)

(2001)

 

Overview

The Disability Standards for Accessible Public Transport Amendment 2004 (No. 1) was formulated by the Attorney-General, Philip Maxwell Ruddock, under the authority of the Disability Discrimination Act 1992. This legislative instrument aims to enhance accessibility for persons with disabilities by amending the Disability Standards for Accessible Public Transport 2002. Key improvements include setting specific minimum widths for access paths, mandating passing areas for ferries and trains, and ensuring compliance with certain Australian Standards. The amendments also address notification requirements for boarding devices, emergency exit paths, and lighting standards for both premises and conveyances. The overarching policy objective is to ensure public transport is accessible and usable by all individuals, including those with disabilities, thereby promoting inclusivity and equal opportunity in line with the principles of the Disability Discrimination Act. The amendments to the Disability Standards for Accessible Public Transport 2002, as introduced by this legislative instrument, reflect an effort to bridge gaps in accessibility for individuals with disabilities. By enacting these standards, the Australian Government aims to ensure that public transport services are compliant with the broader objectives of the Disability Discrimination Act, which seeks to eliminate discrimination against people with disabilities. The amendments provide clear and specific requirements for access paths, passing areas, and other critical aspects of public transport infrastructure and operations, thereby enhancing the overall quality and inclusiveness of public transport services across the nation.

Scope and Application

The Disability Standards for Accessible Public Transport Amendment 2004 (No. 1) outlines modifications to the Disability Standards for Accessible Public Transport 2002, focusing on enhancing accessibility for individuals with disabilities in public transport services. These Standards apply to various entities including public transport operators, conveyance providers, and infrastructure developers, and cover a range of conduct and transactions related to the provision of accessible public transport services. The geographic reach of these Standards is national, impacting all forms of public transport across Australia, including buses, ferries, trains, trams, and light rail services. Specific exclusions or exemptions are not explicitly stated in the text, but the application of these Standards is subject to the overarching provisions of the Disability Discrimination Act 1992, under which they are formulated. The Standards extend their application through subordinate instruments by amending existing sections and introducing new provisions, ensuring comprehensive coverage of accessibility requirements in public transport.

Key Provisions

The Disability Standards for Accessible Public Transport Amendment 2004 (No. 1) introduces specific provisions to improve accessibility on public transport for people with disabilities. Section 2.6 mandates that access paths, such as doorways and stairs, must have a minimum width of 850 mm, facilitating continuous and unhindered passage for passengers using mobility aids. However, if the conveyance was in existence or ordered before the commencement of this section, a narrower width of 800 mm is permitted at doorways. Section 2.8 stipulates that access paths must extend from the entrance to designated spaces or facilities for passengers with disabilities, with up to 50 mm of an adjacent allocated space being used as part of the access path. If an access path cannot be provided, operators must offer direct assistance. These Standards impose several obligations on transport operators. They must ensure that access paths are appropriately wide and extend to necessary facilities, and provide alternative assistance if paths are not feasible. Section 2.9 indicates that while an access path inside the entrance of a conveyance is not always required, operators must provide on-board wheelchairs or direct assistance for accessible taxis, coaches, and aircraft. Section 4.3 requires ferries and trains designed to carry more than one wheelchair to include at least one passing area for each accessible deck or rail car, enabling passengers in mobility aids to pass each other. Failure to comply with these Standards can lead to civil and criminal consequences. While specific penalties are not detailed in the text, non-compliance could potentially result in legal action under the Disability Discrimination Act 1992. Operators failing to provide necessary access paths or assistance could be subject to fines or other penalties as prescribed by relevant legislation. The Standards are designed to ensure that public transport remains accessible and inclusive, thereby promoting equal opportunities for people with disabilities.

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