EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the Public Service Vehicles Regulations (Northern Ireland) 1985 (“the 1985 Regulations”) to introduce new duties for drivers of regulated public service vehicles in relation to passengers who are disabled.
Regulation 47 of the 1985 Regulations is amended so that a driver shall not prevent a disabled person who is accompanied by an assistance dog from boarding the bus where a suitable space is available.
Regulation 54 of the 1985 Regulations is amended so that an assistance dog is not required to be removed from the vehicle but a disabled person must comply with any direction given by the driver to remove such an animal from a gangway.
A new Part VI is inserted in the 1985 Regulations and sets out additional duties for drivers of public service vehicles to which the Public Service Vehicles Accessibility Regulations (Northern Ireland) 2003 (“the 2003 Regulations”) apply with respect to passengers who are disabled (including passengers who are wheelchair users) as follows:
Regulation 64 (duties towards wheelchair users of Schedule 1 vehicles) adds new duties towards wheelchair users of regulated public service vehicles required to comply with the wheelchair accessibility requirements of Schedule 1 to the 2003 Regulations.
Regulation 65 (duties concerning kneeling systems, etc. towards disabled persons using Schedule 2 or Schedule 3 vehicles) adds new duties towards disabled persons using regulated public service vehicles required to comply with the general accessibility requirements for single-deck and double-deck buses and single-deck and double-deck coaches.
Regulation 66 (general duties towards wheelchair users and other disabled persons) contains provisions relating to duties in the deployment of boarding lifts and ramps and, when it is requested, in the providing of assistance to wheelchair users and other disabled persons to board or to alight.
Regulation 67 (effects of faulty or malfunctioning equipment) provides in paragraph (1) that where a driver carrying out duties under regulations 64, 65 and 66 uses equipment, a kneeling system or a folding or retractable step that is faulty or fails, he must not allow wheelchair users or other disabled persons to board or alight from the vehicle unless he is satisfied that they can do so in safety. Paragraph (2) excuses a driver for failure to perform his duty with regard to the operation of kneeling systems or folding or retractable steps and to display a route number and destination if that failure is due to a fault in the equipment or system.
Regulation 68 (route numbers, etc.) is concerned with the display of a route number and destination.
Regulation 69 (extent of driver’s duty) defines the duty of a driver as being one of reasonable care but not one as to oblige him to take steps if, on reasonable grounds, he considers there to be a risk to the health or safety of the wheelchair user or other disabled passenger or to that of other passengers, members of the public or to himself.
An Explanatory Memorandum has been produced and is available from Road Safety and Vehicle Regulation Division, Department for Infrastructure, Clarence Court, 10-18 Adelaide Street, Town Parks, Belfast BT2 8GB or online alongside this Statutory Rule athttp://www.legislation.gov.uk/nisr