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The Public Service Vehicles (Amendment) Regulations (Northern Ireland) 2016

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Regulation 6

SCHEDULE

This schedule has no associated Explanatory Memorandum

PART VITHE CONDUCT OF DRIVERS OF REGULATED PUBLIC SERVICE VEHICLES WITH RESPECT TO WHEELCHAIR USERS AND OTHER DISABLED PERSONS

Interpretation

63.  In this Part—

“boarding lift” means a lift fitted to a regulated public service vehicle for the purpose of allowing wheelchair users to board and alight from the vehicle;

“boarding ramp” means a ramp fitted to a regulated public service vehicle for the purpose of allowing wheelchair users to board and alight from the vehicle;

“equipment” means any equipment fitted to a regulated public service vehicle in order to comply with (as the case may be) Schedule 1 (wheelchair accessibility requirements), 2 (general accessibility requirements for single-deck and double-deck buses) or 3 (general accessibility requirements for single-deck and double-deck coaches) to the 2003 Regulations and which a driver must operate for the safe fulfilment of the relevant duty under these Regulations;

“folding or retractable step” means a step which can either fold or retract and which meets the requirements applicable to external steps pursuant to (as the case may be) paragraph 4 of Schedule 2 or 3 to the 2003 Regulations;

“kneeling system” means any system which enables the bodywork of the regulated public service vehicle to be lowered relative to its normal height of travel;

“portable ramp” means a ramp which is carried on a regulated public service vehicle for the purpose of allowing wheelchair users to board or alight from the vehicle;

“Schedule 1 vehicle” means a regulated public service vehicle which is required to comply with the provisions of Schedule 1 to the 2003 Regulations;

“Schedule 2 or Schedule 3 vehicle” means a regulated public service vehicle which is required to comply, respectively, with the provisions of Schedule 2 or Schedule 3 to the 2003 Regulations;

“scheduled service” has the same meaning as in regulation 2(1) of the 2003 Regulations;

“wheelchair restraint system” means a system which is designed to keep a wheelchair restrained within the wheelchair space;

“wheelchair space” means a space for a wheelchair with which a regulated public service vehicle is fitted in accordance with paragraph 2 of Schedule 1 to the 2003 Regulations;

“wheelchair user” means a passenger who is a disabled person using a wheelchair; and

“wheelchair user restraint” means a system which is designed to keep a wheelchair user restrained in the wheelchair.

Duties towards wheelchair users of Schedule 1 vehicles

64.(1) Subject to regulations 67(1) (effects of faulty or malfunctioning equipment) and 69 (extent of driver’s duty), this regulation applies in relation to the driver of a Schedule 1 vehicle.

(2) If there is an unoccupied wheelchair space in the vehicle, the driver shall allow a wheelchair user to board and travel if—

(a)the wheelchair is of a type or size that can be correctly and safely located in that wheelchair space; and

(b)in doing so, neither the maximum seating nor standing capacity of the vehicle, as determined in accordance with regulations 61 and 62 of the 1995 Regulations, would be exceeded.

(3) For the purpose of this regulation, a wheelchair space is occupied if—

(a)there is a wheelchair user in that space; or

(b)passengers or their luggage are in that space and the space cannot readily and reasonably be vacated.

(4) The driver shall ensure—

(a)where the carriage of a portable ramp is required by Schedule 1 to the 2003 Regulations, that a portable ramp is carried and is safely and securely stowed on the vehicle when the vehicle is operating on a scheduled service;

(b)that any boarding lift, boarding ramp or portable ramp is in its normal position for vehicle travel and is safely and securely stowed before the vehicle is driven;

(c)where the vehicle is operating on a scheduled service and is fitted with a boarding lift or a boarding ramp which, in order to comply with Schedule 1 to the 2003 Regulations, requires a means of control for it to be capable of being operated manually in the event of a power failure, that such a separate means of control is carried and is safely and securely stowed on the vehicle;

(d)that, subject to paragraph (2), wheelchair users can safely gain access to and egress from the wheelchair space;

(e)before the vehicle is driven, that any wheelchair user is correctly and safely positioned in the wheelchair space and that any retractable rail (being a rail fitted in accordance with the requirements of paragraph 4(3)(b) of Schedule 1 to the 2003 Regulations) or any similar device is in a position to safely and securely restrict the lateral movement of the wheelchair; and

(f)where any wheelchair user is using a wheelchair space facing the front of the vehicle, that the wheelchair restraint system is attached in accordance with the relevant user instructions which are displayed pursuant to paragraph 8(3) of Schedule 1 to the 2003 Regulations.

(5) If the vehicle has a seat in a wheelchair space which is capable of being quickly dismantled or removed, the driver shall ensure that any such seat—

(a)when it is not in use and is stowed on the vehicle, is safely and securely stowed; or

(b)whenever it is in position for use within the wheelchair space, is safely secured.

Duties concerning kneeling systems, etc. towards disabled persons using Schedule 2 or Schedule 3 vehicles

65.(1) Subject to regulations 67 and 69, this regulation applies in relation to the driver of a Schedule 2 or Schedule 3 vehicle where the vehicle is equipped with—

(a)a kneeling system; or

(b)a folding or retractable step.

(2) The driver shall operate the kneeling system or the folding or retractable step—

(a)whenever they consider that any disabled person who is not a wheelchair user will need the system to be operated or the step to be deployed; or

(b)if requested to do so,

for the purpose of enabling that person to safely board or to alight from the vehicle, and in such a manner that the distance between the vehicle and the ground or the vehicle and the kerb is the minimum that is reasonably practicable.

(3) The driver shall take all reasonable precautions to ensure that any disabled person who is not a wheelchair user may, when boarding or alighting from the vehicle, safely use an entrance or exit which is provided in compliance with (as the case may be) the provisions of either Schedule 2 or 3 to the 2003 Regulations.

General duties towards wheelchair users and other disabled persons

66.(1) Subject to regulations 67 and 69, where a wheelchair user wishes to board or to alight from a Schedule 1 vehicle, the driver shall first safely deploy any boarding lift, boarding ramp or portable ramp in its correct operating position.

(2) Where a wheelchair user wishes to board or to alight from a Schedule 1 vehicle and requests assistance to do so, the driver shall take reasonable steps to provide assistance to him.

(3) Where a disabled person who is not a wheelchair user wishes to board or to alight from a Schedule 2 or Schedule 3 vehicle and requests assistance to do so, the driver shall take reasonable steps to provide assistance to him.

(4) Where a wheelchair user wishes to occupy a wheelchair space in a Schedule 1 vehicle which is fitted with a wheelchair user restraint, the driver shall—

(a)offer to provide such assistance as may be required so as to enable the wheelchair user to wear that restraint; and

(b)in providing that assistance, apply (subject to regulation 67(1)) the wheelchair user restraint only in accordance with the user instructions which are displayed pursuant to paragraph 8(3) of Schedule 1 to the 2003 Regulations.

Effects of faulty or malfunctioning equipment

67.(1) Where the fulfilment of a duty owed by a driver under—

(a)regulation 64 (duties towards wheelchair users of Schedule 1 vehicles);

(b)regulation 65 (duties concerning kneeling systems etc. towards disabled persons using Schedule 2 or 3 vehicles); or

(c)regulation 66 (general duties towards wheelchair users and other disabled persons),

requires the use or operation of any equipment, kneeling system or folding or retractable step and there is a fault in, or a failure in the operating of, that equipment, system or step, the driver shall not permit a wheelchair user, or other disabled person or any other passenger to board or alight from the vehicle or (if already on board) to travel on the vehicle unless he is satisfied that such persons can do so in safety.

(2) A driver shall not be considered to have failed to ensure fulfilment of the duty under either regulation 65(2) or 68 if, and to the extent that, the performance of that duty involves the proper functioning of equipment on the vehicle but there is a fault in, or a failure in the operation of, that equipment which prevents it being used.

Route numbers, etc.

68.(1) Subject to regulation 67(2) (effects of faulty or malfunctioning equipment), the driver of a regulated public service vehicle shall ensure that—

(a)the route number (if any) and the destination are displayed in the positions provided for such displays with respect to the regulated public service vehicle in accordance with (as the case may be) either paragraph 8 of Schedule 2 to the 2003 Regulations or paragraph 7 of Schedule 3 to the 2003 Regulations;

(b)the route number and the destination displayed in accordance with sub-paragraph (a) which is required to be provided with a means of illumination shall have characters that are kept illuminated between sunset and sunrise; and

(c)the regulated public service vehicle shall at all times display the correct route number and destination.

(2) In this regulation, “destination” and “route number” have the same meaning as in paragraph 7(6) of Schedule 3 to the 2003 Regulations.

Extent of driver’s duty

69.  The duties which a driver owes under this Part are duties—

(a)to take such care as in all the circumstances of the case is reasonable to ensure that the wheelchair user or other disabled person will be safe in boarding, travelling on or in alighting from the regulated public service vehicle;

(b)to operate the kneeling system or the folding or retractable step, or to deploy the boarding lift, boarding ramp or portable ramp to the extent that it is reasonably practicable having regard to the construction of the regulated public service vehicle and the condition of the road; and

(c)that shall not oblige him to take any steps if, on reasonable grounds, he considers that—

(i)there will be a risk to the health, safety or security of any person; or

(ii)there will be a risk to the safety and security of the vehicle.

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