PART III Discrimination in Other Areas

Goods, facilities and services

E221ZAF3Application of sections 19 to 21 to transport vehicles

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

E121ZAF2Application of sections 19 to 21 to transport vehicles

C11

Section 19(1)(a), (c) and (d) do not apply in relation to a case where the service is a transport service and, as provider of that service, the provider of services discriminates against a disabled person—

a

in not providing, or in providing, him with a vehicle; or

b

in not providing, or in providing, him with services when he is travelling in a vehicle provided in the course of the transport service.

C22

For the purposes of section 21(1), (2) and (4), it is never reasonable for a provider of services, as a provider of a transport service—

a

to have to take steps which would involve the alteration or removal of a physical feature of a vehicle used in providing the service;

C3b

to have to take steps which would—

i

affect whether vehicles are provided in the course of the service or what vehicles are so provided, or

ii

where a vehicle is provided in the course of the service, affect what happens in the vehicle while someone is travelling in it.

3

Regulations may provide for subsection (1) or (2) not to apply, or to apply only to a prescribed extent, in relation to vehicles of a prescribed description.

4

In this section—

  • transport service” means a service which (to any extent) involves transport of people by vehicle;

  • vehicle” means a vehicle for transporting people by land, air or water, and includes (in particular)—

    1. a

      a vehicle not having wheels, and

    2. b

      a vehicle constructed or adapted to carry passengers on a system using a mode of guided transport;

  • guided transport” means transport by vehicles guided by means external to the vehicles (whether or not the vehicles are also capable of being operated in some other way).