The recommendations are divided into two parts:
- Part I: Those that require changes to current legislation, regulations, policies, procedures or funding arrangements.
- Part II: Changes that can be achieved within the current institutional arrangements with little additional expenditure.
Part I:
1. Definition of disability
That all relevant legislation be amended to include the definition of disability contained in section 21(h) of the Human Rights Act 1993, which includes:
- Physical disability or impairment;
- Physical illness;
- Psychiatric illness;
- Intellectual or psychological disability or impairment;
- Any other loss or abnormality of psychological, physiological, or anatomical structure or function;
- Reliance on a guide dog, wheelchair, or other remedial means;
- The presence in the body of organisms capable of causing illness.
2. Participation of disabled people in the planning process
That the transport needs of disabled people be considered as a core and mandatory requirement for all public land transport planning, funding and implementation.
To achieve this, the Commission recommends:
- Amending the Land Transport Act 1998 to ensure:
- All regional land transport strategies detail how the access and mobility of disabled people will be improved over the period of the strategy
- That there are two disabled representatives on all regional land transport committees
- Disabled people are listed among the groups to be consulted in relation to development of regional land transport strategies
- Regional land transport strategies are required to address the needs of disabled passengers where no contracted public transport services are specified
- References to access and mobility in transport legislation are amended to clarify that this term includes disabled people.
- Amending the Transport Services Licensing Act 1989 to ensure:
- All regional passenger transport plans detail how the access and mobility of disabled people will be improved over the period of the plan
- Disabled people are listed among the groups to be consulted in preparation of a regional passenger transport plan
- The term transport disadvantaged includes disabled people.
- Amending the Land Transport Management Act 2003 to ensure that:
- References to access and mobility are amended to clarify that this term includes disabled people
- Disabled people are listed among the groups to be consulted
- The term transport disadvantaged includes disabled people.
- Amending the Local Government Act 2002 to ensure that there is explicit provision for disabled people to have the opportunity to contribute to decision-making processes for council planning purposes.
- That a national Ministerial advisory committee of disabled people be established, with wide representation and adequate resourcing, training and support to complete its tasks. The role of the committee will be to:
- Advise the Minister of Transport on the development of mandatory National Accessibility Design Performance Standards for Public Land Transport
- Advise the Minister of Transport on the training and professional development required for those involved in public land transport planning, funding and provision, including the role of disabled people in design and delivery of training.
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3. National Accessibility Design Performance Standards
That the Ministry of Transport develop within two years, National Accessibility Design Performance Standards for Public Land Transport (the standards) including:
- New design performance standards for public land transport conveyances.
- New design performance standards for public land transport infrastructure incorporating RTS 14: Guidelines for facilities for blind and vision-impaired pedestrians.
- New standards for public land transport service information.
- A review of New Zealand Standard 4121:2001: Design for Access and Mobility: Buildings and Associated Facilities to ensure:
- it is applicable to all public land transport premises and more fully covers people with all types of impairment
- auditing and enforcement procedures are adequate.
- A timetable for implementation as recommended below.
- A review of the funding required to implement the standards within the implementation timetable.
- A mechanism for auditing expenditure against the standards prior to the commitment of the expenditure.
- Guidelines for and a mechanism for the approval of “equivalent access” proposals. Equivalent access refers to alternative means of assisting disabled passengers where there are unavoidable constraints on independent travel.
- Guidelines for and a mechanism for assessing “unjustifiable hardship” applications. Unjustifiable hardship is where it is not unlawful to fail to comply with the Standards if compliance would impose unjustifiable hardship on any person or organisation.
- Guidelines for and a mechanism for assessing whether a “mixed use” exemption should be granted. Mixed use refers to the use of passenger transport vehicles on scheduled urban routes and also for charters, school transport or other uses.
- Delegating the initial development of the standards to an appropriate body that is fully representative of all stakeholders, including disabled people:
- For rail public transport conveyances, infrastructure, information and premises, this should be a working group of the National Rail Standards Systems Executive.
- For road public transport conveyances, infrastructure, information and premises, a working group established for this purpose.
4. National Lead Agency
That the Ministry of Transport be the lead coordinating agency to ensure that the recommendations in this report are implemented including:
- The development, timetabling, implementation and monitoring of the National Accessibility Design Performance Standards.
- The review of the ‘P’ endorsed driver licence requirements.
- The review of community transport service regulations and funding.
5. Public land transport personnel training
- That the Ministry of Transport requirements for a ‘P’ endorsed driver licence for taxi and bus drivers includes appropriate elements in disability awareness and disability competency training.
- That all regional council contracts for public land transport services require disability awareness and disability competency training. The contract provisions should cover at least Total Mobility scheme taxi drivers, contracted bus service drivers, timetable and service information providers, train managers and station managers and public land transport ticket sellers.
- That the Ministry of Transport work with the Office for Disability Issues and the appropriate Industry Training Organisations, training providers, employers and unions to develop standards for disability awareness and disability competency training for service information providers, train managers, station managers and public land transport ticket sellers.
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6. Data collection
- That the Ministry of Transport ensure the collection and publication of a disaggregated data set that would identify issues and monitor progress in making public land transport services accessible to disabled people.
- That regional councils maintain a regional data set to support and monitor progress towards accessible public land transport services in their region. Such data sets should be used in the planning and implementation of regional land transport strategies, regional public transport plans, land transport plans and long term community council plans.
7. Mobility aids on public land transport services
The National Accessibility Design Performance Standards will include standards for ramps and boarding devices, access paths on vehicles, manoeuvring areas, and allocated space including methods of safely securing passengers. The Standards will also require public land transport operators to provide information to passengers about the above. Pending the development and full implementation of the Standards it is recommended that:
- Public land transport service providers supply, and actively promote, information about what mobility aids can be carried on their conveyances.
- Regional councils, territorial local authorities and public land transport providers investigate the provision of mobility aids at strategic stations and transport exchanges.
- The Ministry of Transport and the national Ministerial advisory committee initiate discussions with mobility aid manufacturers and suppliers to ensure the maximum compatibility between mobility aid design and conveyance design.
8. Commercial scheduled public passenger land transport services
- That the Transport Services Licensing Act 1989 be amended to give all regional councils the power to decline to register commercial scheduled public passenger services if the access and mobility requirements of disabled people are not met.
- That the Ministry of Transport develop options by 2010 on ways in which the access and mobility of disabled people can be met on commercial scheduled public passenger land transport services.
- That the Transport Services Licensing Act 1989 be amended to require all registered commercial scheduled public passenger services to re-register 15 years after national accessibility performance design standards are in force to ensure that the goal of 100 percent compliance is achieved.
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9. Total Mobility subsidies and services
- That the affordability of public land transport services for those dependent on the Total Mobility scheme be considered in policy development, particularly in relation to:
- The development of a single core benefit and add-ons for disability-related costs
- Consideration of the appropriate level of passenger subsidy for Total Mobility scheme services to be provided through Land Transport New Zealand’s passenger subsidy funding.
- That the Ministry of Transport develop national guidelines for the administration of the Total Mobility scheme including:
- Eligibility criteria based on the definition of disability in the Human Rights Act 1993
- Consistent benefits, eligibility criteria and portability of benefits throughout the country
- No restriction on the purpose for which Total Mobility scheme subsidies may be used
- Guidelines for ensuring that all those who may be eligible to use Total Mobility scheme subsidies receive information about the service.
10. Rural and provincial public land transport services
That Land Transport New Zealand fund the trialling of new public transport service initiatives in rural and provincial areas that provide for the access and mobility of disabled people.
11. Community transport services
That the Ministry of Transport review the funding and regulatory framework that applies to community transport services, with a view to encouraging local initiatives and flexible provision of services without compromising fair competition with other public land transport providers, or the safety of passengers and drivers.
12. Public land transport orientation and familiarisation programmes
- That organisations providing public land transport and transport services, facilities and major infrastructure such as transport exchanges, provide orientation and familiarisation programmes to disabled people.
- That government departments, ministries and agencies funding disability support services include in their contracts provision for public land transport orientation and familiarisation programmes.
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13. Taxi services
That taxi services be treated as an integral part of public land transport services for disabled people, by ensuring that:
- Land Transport Rules are amended to ensure that taxis and wheelchair accessible taxis carrying disabled passengers are able to use bus lanes and other traffic priority lanes such as clearways.
- Territorial authorities review the number and location of zones suitable for the set down and pick up of disabled passengers using taxis to ensure that there are sufficient zones close to, or adjacent to, significant public and community facilities.
14. School transport services
That the Ministry of Education conduct a comprehensive review of School Transport Assistance including Special Education School Transport Assistance funding, policy and practice to ensure that:
- School Transport Assistance is provided to disabled students on a non-discriminatory and equitable basis.
- School Transport Assistance in rural and provincial areas is integrated and coordinated with other publicly funded public transport services to the maximum extent possible.
15. Design issues
That Land Transport New Zealand establish a programme to develop appropriate solutions to design issues identified during the Inquiry as needing further investigation. These issues include, but are not limited to:
- The design of accessible buses for use on long distance inter-city bus services and mixed use commercial services.
- The design of standard hoist and safety mechanisms for wheelchair accessible taxis.
- The design of train stations and rolling stock to allow for level or near-level access between the station and the train.
- The design of mobility aids, in particular wheelchairs and mobility scooters, to develop a general specification (including weight, dimensions and turning circle) to establish a standard and ensure that it is clear what aids can be carried on public land transport conveyances.
