Access by the public to places, vehicles and facilities

What does the Human Rights Act mean by “vehicle”?

“Vehicle” includes a vessel, aircraft or hovercraft.

What does the Human Rights Act say about access by the public to places, vehicles and facilities?

It is unlawful for any person:

  • to refuse to allow any other person access to or use of any place or vehicle which members of the public are entitled or allowed to enter or use;
  • to refuse any other person the use of any facilities in that place or vehicle which are available to members of the public;
  • to require any other person to leave or cease to use that place or vehicle or those facilities,by reason of any of the prohibited grounds of discrimination.

There are a number of circumstances where it is not unlawful to discriminate in the area of activity covered by access by the public to places, vehicles and facilities. These include;

  • Maintenance of separate facilities on the grounds of decency or safety.

Separate public conveniences and changing rooms for males and females for reasons of decency.

  • Provision of special services or special facilities to gain access to any place or vehicle by reason of disability when this would not be reasonable.
  • If it is not reasonable to take a risk of harm to the person or others, then the risk does not have to be taken, if the risk cannot be reduced to a normal level without unreasonable disruption.
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