Some passengers may not like it but that is not the point. Today’s judgment will make that easier.”The court has suggested that the law should be reconsidered in order to provide much needed clarity for bus companies and their customers, and the Commission will be pressing the government to commit to these changes in the Bus Services Bill.“This decision delivers cultural and practical change for disabled people. Wheelchair spaces are the only place on the bus that wheelchair users can travel in; if they aren’t available, wheelchair users can’t travel. By way of postscript, the Court of Appeal made critical comments about the present state of the law in this area. Bus companies must end ‘first come, first served’ policies, and do more to give priority to wheelchair users after a landmark Supreme Court ruling today.The case of Paulley vs FirstGroup plc, backed by the Equality and Human Rights Commission, will mean wheelchair users should be given priority for wheelchair spaces on buses. Quite apart from the effect of regulation 12, a passenger who is “readily and reasonably” able to move from a wheelchair space commits an offence under regulation 6(1)(b) if his refusal prevents a wheelchair user from being allowed to board the bus. […]”“87. Such a notice, as well as eliminating any scope for debate, constitutes a significant statement which accords precisely with the Government’s policy of providing comprehensive and enforceable civil rights for disabled people and achieving a fully accessible public transport system for them”“126.
Bus companies have a duty to allow wheelchair users to travel given how vital this is to disabled people being able to live independent lives.”Rebecca Hilsenrath, Equality and Human Rights Commission Chief Executive and Chief Legal Officer, added:“We know the vast majority of people would move to another seat if a wheelchair user needed the space.“We are saying that bus companies must uphold their responsibility and make it very clear to travellers that those spaces are intended for wheelchairs. FirstGroup were asked to change their policy so other incidents did not happen. […] service providers owe positive duties towards disabled people, including wheelchair users, which they do not owe to other members of the travelling public, including parents travelling with small children in baby buggies or other people travelling with bulky luggage. It is important that this space is available, so if other customers are standing there we ask that they move elsewhere to free-up the space if it is required by a wheelchair user. The wheelchair space was being used by a mother with a pushchair and a sleeping child. It establishes what we are calling the ‘Paulley Principle’ which is that bus companies have to give priority use to disabled customers over the wheelchair space.“If you rely need a wheelchair to get around and have had to endure the stress and anxiety of not knowing whether you’re going to be able to get on a bus, this Judgment changes your everyday life. If a wheelchair user wishes to occupy the designated wheelchair space on a bus, basic decency and courtesy require the non-wheelchair user occupying it to move, unless he or she has a very good reason not to do so. Disability Equality Scotland has praised national bus operator First Bus for fast-tracking technology which will enable wheelchair users in Aberdeen to track accessible spaces on their local bus services in ‘real-time’. The judgment is expected at a later date.For more press information contact the Commission's media office on:Join our email newsletter mailing list to stay up to date with campaigns, news and guidance.Wheelchair spaces on buses must be available to disabled people, bus companies told Priority should mean priority and drivers should be able to have the discussion with passengers based on a clear formal policy.“Public bus services are used by many people to get to work, go out, and get to local facilities. Wheelchair spaces shall be 760 mm (30 inches) minimum by 1220 mm (48 inches) minimum. T402.4 Size. The County Court stated FirstGroup’s policy discriminated against Mr Paulley and put him at a substantial disadvantage. Section 38.23 (d) of the DOT ADA regulations requires all ADA-compliant buses and vans to have a two-part securement system, one to secure the wheelchair, and a seat belt and shoulder harness for the wheelchair user. If inconvenience to the travelling public because of delay is the price which has to be paid to allow those who depend on a wheelchair to make maximum use of the transport system which is made available to all, I do not consider that this is, in any sense, unreasonable.”“136.
It is obviously reasonable to expect bus operators to do more than FirstGroup did in this case.”“104. […]"91. This regulation prohibits any passenger from unreasonably impeding another passenger from entering a bus.”“135. The case of Paulley vs FirstGroup plc, backed by the Equality and Human Rights Commission, will mean wheelchair users should be given priority for wheelchair spaces on buses. There clearly were.”“101. […]Wheelchair users face formidable difficulties in making use of facilities that the able-bodied can take for granted.
Wheelchair spaces are the only place on the bus that wheelchair users can travel in; if they aren’t available, wheelchair users can’t travel. […] there will be some circumstances in which it is not reasonable to expect an existing occupier to vacate the wheelchair space. More needs to be done to ensure that this space is available to wheelchair users when needed.”“The general consensus on Mumsnet is that when it comes to the priority space, wheelchair users take precedence. It removes the element of choice on the part of the passenger occupying the space. It can be hard enough for disabled people to use these services without extra barriers being in the way. Public buses are required to have space for at least one wheelchair. Department for Transport, Disabled Persons Transport Advisory Committee, and Nusrat Ghani MP New measures to ensure that wheelchair users can safely access on-board wheelchair spaces on buses …
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