No. 141, January 2008 Contents President’s column From the guest editor Disability Standards for Accessible Transport Air travel: The long journey Trains, buses and ferries On the road: Cabs, private cars and scooters Enabling travel Contact us President’s column By Robert Farley It is my pleasure to introduce the latest issue of LinkUp. This issue continues a series presented through 2007 focussing on matters of particular interest and importance to people with a disability. Previous editions have examined topics such as education and employment and the articles by members of PWD have been a special feature. Once again this issue benefits from members sharing accounts of their life experiences. I want to compliment guest editor Sheila King for her contribution to this issue, which looks in detail at many aspects of transport as they relate to people with disability. Transport and access to transport is absolutely fundamental to all in our community who wish to participate in the activities of life. The right to accessible and reliable public transport can be critical for people with disability, whatever their disability, whose transport options may be limited. 1 Our ability to leave our homes to engage in education, employment and social activities is dependent to a large extent on accessible transport infrastructure. This topic is especially important to me as an individual with a high-level physical disability who grew up and lives in a regional area of New South Wales. The impact of a lack of available transport on my life and opportunities for education and employment was quite negative. Part of this was due to the lack of accessible transport itself and the larger distances that I needed to travel. With the advent of wheelchair-accessible taxis came many more opportunities to move around, although with the extra distances involved, the costs were, and are, an inhibiting factor. In the area in which I live it is necessary to book a cab a day or more in advance to ensure service. This planned approach to life has the curious effect of limiting one’s ability to be spontaneous. A similar situation exists with public buses, where the bus operator will attempt to place an accessible bus on the route required. However, because a suitable vehicle is not always available, there can be no guarantee that it will arrive. I am sure my account is not unique, particularly for those who live outside metropolitan areas. I commend this issue of LinkUp to readers. Within its pages is a host of useful and interesting, thought-provoking information. From the guest editor By Sheila King, Director PWD Welcome to this issue of LinkUp, which is devoted to all types of travel that people with disability use to move around in their day–to–day lives. Since the Disability Standards for Accessible Public Transport (DSAPT) came into effect in 2002, we have seen more accessible taxis and buses all over Australia. Nevertheless, there is a long way to go before we can take it for granted public transport of any sort will always be accessible for people using mobility 2 aids and people with vision impairment, or that it will be fitted with hearing augmentation for people with hearing impairment. Accessible travel is the means of going from one place to another and is a social product of the first magnitude, one that must be available to the whole of society. No sector of the community should be excluded from travelling with ease, comfort and dignity, whatever their personal, social, economic or other circumstances. In this issue we have spelt out as simply as possible the somewhat complicated schedule which is part of the DSAPT, for full compliance of all conveyances up to 2022. These details are on the internet, however we appreciate that many of our members do not have access to this technology but are interested in what to expect from our transport providers in the coming years. Many problems still surround the treatment of people with disability by various airlines. The report published by the Public Interest Advocacy Centre (PIAC), Flight closed, details some disturbing incidents which people with disability have confronted when taking to the air. This unacceptable treatment is not, in most cases, the fault of the aircrew who, by and large, try to be as helpful as possible. People encountered difficulties from check-in to boarding and disembarking. Staff shortages are the excuse given when people are pushed from the aircraft into a departure lounge and left there for up to 30 minutes before being taken to the baggage carousel. Recently, the Disability Discrimination Commissioner highlighted that although many transport providers throughout Australia have met or exceeded their targets for accessible conveyances, the infrastructure requirements of the DSAPT have, to a great extent, been ignored. As the Commissioner succinctly argued, “what is the use of an accessible bus if the infrastructure accessing it is not in place?” Much new bus stop infrastructure has been built since 2002 3 and in some areas none of this new infrastructure is compliant with the standards. This infrastructure then has to be reinstalled at a cost to the local rate-payers and ultimately to the general public. The article from Robin Banks of PIAC makes very interesting reading and shows just how difficult it is for an advocacy group to take matters of noncompliance into the judicial arena on behalf of its members. If we are to overcome the problems identified by this case then the confusion as to who has standing in the judicial system must be identified and clearly set down. Under the DSAPT guidelines part 35.1, a complaint can be placed if a person believes that a public transport service is failing to implement the requirements of the DSAPT, or to adhere to the compliance schedule set down. It is clearly stated that a person may lodge a complaint with the Human Rights and Equal Opportunity Commission by an aggrieved individual or any person or group on behalf of one or more aggrieved persons. This interpretation was negated in the decision made in the case referred to in this article. Justice not seen to be done may be seen as a barrier to many advocacy groups and deter them from taking on discrimination matters on behalf of their members. Of course, there are many heart-lifting stories of people successfully using transport of all varieties and many providers in this category are to be congratulated for going beyond the call of duty. Thomas Jefferson once said “Leave no authority existing not responsible to the people.” It is certainly appropriate for our transport providers to bear this in mind. The way ahead for disability? EQUALITY? Man on the moon 1969 – Full access to public transport 2020. 4 Disability Standards for Accessible Transport – Where are we now? Requirements of the Disability Standards for Accessible Public Transport 2002 (DSAPT): A brief overview The DSAPT came into force on 23 October 2002 as mandated under the Disability Discrimination Act 1992 (DDA) Section 31 – Disability Standards. These standards apply to the widest possible range of people with disability as defined in the DDA and to all operators and providers, the conveyances they use and their premises and infrastructure. Under section 32 of the DDA it is unlawful to contravene a disability standard. As defined by the DSAPT, a public transport service is an enterprise that conveys members of the public by land, water or air and includes: community transport conveyances that are funded or subsidised by charity or public money that offers services to the public; foreign aircraft and vessels that carry passengers to, from, or in Australia and that offer services to the public. There are some exemptions for compliance with the standards, including dedicated school buses, adventure travel, charter boats, rental cars, and some small aircraft. The DSAPT details mandatory performance outcomes covering a range of accessibility issues. Part 9.1 of the DSAPT Guidelines state the assumptions that underlie the standards. These are: Some passengers will use large mobility aids such as powered wheelchairs. Passengers using mobility aids often wish to travel with a companion who may also be using a mobility aid. 5 To satisfy these assumptions, at least two spaces for mobility aids are required in each waiting area at bus stops, bus terminals, and airports. Spaces are also required in buses with more than 32 fixed seats, ferries, railcars, (up to eight allocated spaces may be consolidated in one railcar of a set) with accessible taxis required to have one allocated space. Aircraft and coaches with fixed seating do not have to provide an allocated space. The compliance schedule for the DSAPT is phased in over time markers. By 31 December 2007: FULL compliance for conveyances, premises, and infrastructure (with the exception of bus stops) in relation to waiting areas, symbols, signs, alarms, lighting, furniture and fittings, hearing augmentation, information, booked services, food and drink services, belongings and priority. The response times for accessible taxis are to be the same as for other taxis. By 31 December 2007: 25 percent of each type of service for conveyances, premises, infrastructure (except bus stops) in relation to access paths, manoeuvring areas, passing areas, resting points, ramps, Boarding, allocated space, doorways and doors, lifts, stairs, toilets, tactile ground surface indicators, controls and street furniture. By 31 December 2007: 25 percent of each type of service for bus stops in relation to access paths, manoeuvring areas, passing areas, ramps, waiting areas, boarding, allocated space, surfaces, handrails and grabrails, stairs, symbols, signs, tactile ground surface indicators, lighting, street furniture and information. The DSAPT applies after 23 October 2002 for FULL compliance in relation to public transport services provided with: – newly constructed premises or infrastructure, or – conveyances entering service after the standards come into effect, or – premises, infrastructure or conveyances that have undergone substantial refurbishment or alteration, or -additional or replacement equipment in premises and infrastructure or on conveyances, and 6 new or revised ancillary services that are provided as an adjunct to the public transport operation, and new or updated information provided to the public. Future compliance deadlines 31 December 2012: FULL compliance for conveyances, premises and infrastructure (except bus stops) in relation to surfaces, handrails and grabrails, gateways and vending machines. Accessible taxis are also required to have 1500 mm headroom and vertical door clearance by this date. The 25 percent requirement is increased to 55 percent in relation to the specific areas listed above for conveyances, premises, infrastructure and bus stops. 31 December 2017: 90 percent compliance for conveyances (except buses which require 80%), premises, and infrastructure. 31 December 2022: All public transport services to fully comply with the DSAPT, with the exception of trains and trams which have until 31 December 2032 to fully comply. Five-year review of DSAPT The Australian Government commissioned the Allen Consulting Group to conduct its first five-year review of DSAPT. An issues paper was distributed in May 2007 and disability groups and other stakeholders were called upon to make submissions. The NSW Disability Discrimination Legal Centre (DDLC) was one such group. DDLC submitted 19 recommendations for amendments to the standards in August. PWD members were asked to contact DDLC with stories of their experiences using public transport, and this contribution allowed DDLC to identify where the standards fell short of accessibility requirements. The DDLC submission recommended the incorporation of principles that would encourage operators to understand the values behind the standards, 7 with an obligation that “the staff of all transport operators are trained to proficiency in disability awareness, the operation of equipment and facilities, and the treatment of people with disability with courtesy and respect.” It also recommended more specific amendments to the standards, such as: There should be no fares or additional charges for assistance animals. Information on changes to public transport services should be published in accessible formats. Operators should be required to carry wheelchairs and mobility aids. Accessible toilets should be unlocked at all times, or a staff member on hand at all times to unlock them at request. The Public Interest Advocacy Centre (PIAC) was another major contributor to the review, with a submission on “the experience of people with disabilities in domestic airline travel in Australia” called Flight closed. The submission describes how, rather than the air travel experience for people with disability becoming easier since 2002, the barriers have increased in many cases. Lost and damaged wheelchairs are a major issue, as are communication breakdowns between staff members that lead to requests needing to be repeated again and again. In some cases, conditions set by airlines have become so unreasonable that people who had travelled independently in the past are now required to be accompanied by a carer, or are barred from travel altogether. The PIAC submission made 57 recommendations on a wide range of the issues affecting people with disability. For example: Where a passenger is travelling with a carer because they require support in their day-to-day activities, a discount fare for the carer should be available. An on-board wheelchair should be required for all aircraft with more than 60 seats. Carriers should be required to permit a person in a purpose-built wheelchair to remain in that wheelchair until the person reaches the boarding gate. 8 Moveable armrests should be available on at least half of aisle seats, including in business class. When appropriate notice is given, airlines must provide the services offered and requested at no additional cost to the passenger. (For more information on the PIAC submission, go to www.piac.asn.au.) PWD’s submission to the review pointed out the benefits of universal design – design of environments useable by all without adaptation – when applied to vehicles and infrastructure. For example, the introduction of low-floor buses in Sydney was initially resisted by operators on the grounds that picking up passengers who use wheelchairs would slow down services. This has proven not to be the case. The low-floor buses have made for faster services and benefit all passengers as everyone can board and alight quicker and more easily. In contrast, lack of a universally designed taxi fleet across Australia means that many people cannot simply hail and ride whenever they need a taxi. Transport providers and discrimination complaints By the end of the first five-year period since the introduction of the DSAPT, 31 December 2007, all public transport providers in Australia were to have achieved 25 percent accessibility. Providers were protected from complaints under the Disability Discrimination Act during this period. From 1 January 2008, people with disability can make complaints against transport providers who do not meet the required 25 percent accessibility. Making a disability discrimination complaint against a transport provider Disability discrimination complaints should be made to the Human Rights and Equal Opportunity Commission. For information about how to make a complaint contact the commission: 9 phone 1300 656 419 SMS 0488 744 487 (0488 RIGHTS) email complaintsinfo@humanrights.gov.au web www.humanrights.gov.au/complaints_information/lodging.html Air travel: The long journey A Sydney man with multiple sclerosis, Richard Larsen, had his walking stick pulled to pieces by security at Melbourne Airport. He was then told to take it back to the check-in desk as it was not permitted on board an aircraft. He told the security officer he needed the stick in order to walk, to which the officer responded “Bad luck.” Richard asked for a wheelchair and waited 15 minutes until a “customer service supervisor” appeared and told him that the problem wouldn’t have occurred if he owned a “real” walking stick instead of his carbon-fibre hiking stick. He replied that he had taken the stick on many flights before without any trouble, but was told “I don’t have time for this and you have a plane to catch” and “I don’t have to help you”. (Reported in the Sydney Morning Herald, 6 August 2007.) Richard’s experience and those of Dougie Herd and Michael Herdman (below) show that attitudes and procedures towards accessibility in the Australian airline industry certainly have a long way to go. This seems to be the case internationally as well. Over 40 members of the Malaysia-based Barrier-free Environment and Accessible Transport Group (BEAT) held a protest in July this year against AirAsia for its refusal to take passengers who were completely immobile. BEAT demanded that the airline take reasonable steps to ensure its facilities and services are non-discriminatory. AirAsia includes no easier-access aerobridges at their terminals, so passengers are required to walk up a flight of boarding stairs, “a daunting task when one is disabled from the waist down,” said Christine Lee, organiser of the protest. 10 When booking AirAsia tickets online, a separate icon appears asking if the purchaser would require “special assistance.” Ms Lee says that “If you clicked ‘yes’, then you won’t be able to proceed with your booking.” AirAsia provides wheelchairs for hire, but they cannot be taken past the departure area and passengers unable to climb the boarding stairs without assistance are asked to travel with a carer. (Reported in The Star, 16 July 2007.) But the stories are not all bad. For example, representatives from PWD and other disability groups were invited to Qantas’s fourth Forum for Customers with Specific Needs at Sydney Domestic Airport on 6 June 2007. Qantas has used the feedback from the forum to assist in the review and improvement of its policies, products and services for people with disability, including: reviewing and developing its disability awareness training material for airport staff, cabin crew and contact centre staff introducing a passenger assistance brochure for passengers travelling with a mobility aid introducing reduced fares for customers who travel with a carer within Australia and New Zealand for both customers and their carers, where they have an approved carer concession card such as the Qantas Concession Card (see www.nican.com.au for further details) reviewing services for customers who are deaf or hearing impaired. Another domestic airline, Virgin Blue, had published a policy on its website that stated “anyone unable to push themselves in an ‘aisle’ wheelchair from the check-in counter to the plane would have to buy another ticket for a carer.” The Australian Federation of Disability Organisations made a complaint to the Human Rights and Equal Opportunity Commission, which could have resulted in a Federal Court injunction. However, after talks with the commission, Virgin Blue agreed to overturn the policy. 11 Things are also looking better in the European Union. New rules came into effect on 26 July 2007, stating that airlines and tour operators will be forbidden to refuse passengers on the basis of reduced mobility. From July next year, elderly people and people with disability will be entitled to receive free-ofcharge assistance in all European airports and on board planes. “The phasing in of these rules will put an end to discrimination and give disabled and elderly passengers the help they need,” said transport commissioner Jacques Barrot. Airports and airlines will have to bear costs for providing the relevant infrastructure for passengers with disability, as well as carriage for wheelchairs and guide dogs. Air travel: my rights and my responsibilities By Dougie Herd My rights It is essential I remain in my wheelchair until the last moment possible. The earlier one removes me from my wheelchair the longer I spend as an unnecessarily dependent person. It is essential that my wheelchair be brought to the door of the plane on arrival for transferring at the earliest opportunity. Sitting inside the plane there’s little one can do to force them to bring your chair back to the door if it’s already on the way to baggage reclaim. As someone who needs a ‘full lift’ I expect that lift to be carried out by staff who are trained in either manual handling techniques or use of equipment for lifting passengers who cannot transfer without assistance. I travel independently for business and pleasure. There must be no requirement for me to be accompanied by an assistant. I’m the passenger with disability. Staff should speak directly to me not to my wife, my mate Jon, the chairperson of the committee I support, or the Minister 12 for Disability Services, none of whom are inclined to answer questions on my behalf. My responsibilities Given that I assert my right to be seen as an independent traveller, I accept I am responsible for my own (non-emergency) care during the flight. I do not ask aircrew to assist me with tasks or functions related to my physical impairment. It’s in the airlines’ commercial interest to treat me well as a passenger. I travel a lot. As a manager of staff who also travel by air, I authorise the flights of others (some with disability, others not). Here’s the simple truth: treat me badly and I’ll take our business elsewhere. Issues around ID By Micheal Herdman When people check in for domestic flights, they need to show identification. This is usually a driver’s licence or a passport. Many people with intellectual disability don’t have either of these documents as they don’t drive a car and they don’t travel overseas. This is a big problem that has not been addressed. You wouldn’t credit it One airline’s practice on granting refunds is puzzling to this PWD member. Case study: Paul Paul and his carer booked a flight to Adelaide. On purchase of the tickets, Paul rang the airline to discuss his special needs and was denied travel on the basis that his wheelchair was 14 cm too tall for the cargo hold. Paul and his carer were originally told that no refund of their fare would be granted and that they would only receive a credit. After it was pointed out that Paul would never be able to use the credit, the airline consented to a refund. 13 Denied air travel, Paul and his carer were forced to undertake a long and expensive car trip instead. Air travel – fully clothed Kali has a physical impairment. The nature of her impairment – she has short arms – means that she uses aids for personal care and hygiene including a dressing stick to take off and put on underwear, tampon inserters, an aid to do up buttons, and a hook on a tiny stick to do up zips. Kali has had difficulties taking such items into the cabin when she flies. She has been told by various Australian airlines that such items can be used as weapons. Kali was planning to fly from Sydney to Canberra with Qantas and called beforehand to check if her aids would be allowed on board. Qantas told her that she would not be allowed to take either her telescoping or folding dressing stick on the plane and that if she tried to, it would be confiscated at the security checkpoint and destroyed. This would mean that Kali could not go to the toilet without assistance, unless she travelled in a dress and wore no underwear – uncomfortable, and impractical if menstruating and using pads. Kali wanted this situation resolved – for herself and other travellers – and so she set up a meeting with Qantas along with representatives from the NSW Disability Discrimination Legal Centre and the Human Rights and Equal Opportunity Commission (HREOC). She met with the managers responsible for customer service, security, and health and safety. The Qantas staff explained that the issue was with aviation security regulations, which provide for certain items to be taken on board if they are required to treat a medical condition. Kali’s items might fall into this category, however the regulations are unclear on this. Qantas and HREOC undertook to pursue a change in the wording of the regulations to make explicit that disability aids are allowed on board. Qantas also undertook to revise its policies and staff training in relation to such aids. Kali hopes that once Qantas’s policies are in place, other airlines and airport security providers will follow. HREOC will assist with this. 14 Trains, buses and ferries How effective are our human rights mechanisms? Robin Banks, Public Interest Advocacy Centre In the first complaint of breaches of the Disability Standards for Accessible Public Transport 2002, the Federal Court of Australia decided that the application of Access for All Alliance (Hervey Bay) Inc v Hervey Bay City Council could not proceed because Access for All did not have appropriate ‘standing’ to be an applicant. In early 2005, Access for All made a complaint to the Human Rights and Equal Opportunity Commission (HREOC), stating that Hervey Bay City Council had breached the standards in relation to 20 new or recently modified bus stops in the area that did not cater to the needs of people with mobility impairments or vision impairments. This complaint was terminated by HREOC because it could not be conciliated. On 5 May, Access for All then lodged a complaint in the Federal Magistrate’s Court, represented by the Public Interest Advocacy Centre (PIAC) and human rights barrister Kate Eastman. In November 2005 they provided a statement of claim that identified the requirements of the standards for bus stop infrastructure and detailed the aspects of each bus stop that did not meet the requirements. Hervey Bay City Council argued that Access for All lacked standing because it is an incorporated association without “sufficient interest” in the issue, not an “aggrieved person” under the Human Rights and Equal Opportunity Commission Act 1986. The court found that while its members with disability could personally bring legal action for a breach of the standards, the association could not. In a speech to the National Road and Transport Congress, the Human Rights Commissioner said, “had the case been heard on the substantive issues, I 15 would find it hard to see how a court would not conclude that the standards had been breached.” There are significant benefits to allowing an organisation to make a representative complaint when it comes to human rights issues. When, such as in this case, there are multiple breaches of different requirements impacting upon the access of people with different impairments, these can be dealt with in a single action, reducing the cost and stress to individuals tackling the legal system. Speech to the National Local Roads and Transport Congress By Graeme Innes Internationally, the right to access transport services has been clearly recognised in the recently developed UN Convention on the Rights of Persons with a Disability. Domestically, Australia is already well placed to comply with that article, as a result of state, territory and federal discrimination laws. Local government has some direct responsibilities under the standards including where the local government itself provides a public transport service, and where the local government has responsibility for infrastructure, such as bus stops. Bus stops are a critical part of the infrastructure of a public transport service. If they are not designed and maintained in a way that allows a person with a disability to access them and then access a bus or coach the transport system as a whole is not accessible. Unfortunately, a recent survey undertaken in one state suggested that very few councils were fully aware of their responsibilities in this area, and even fewer had taken steps to address their responsibilities through budgetary planning. 16 If the transport infrastructure does not connect seamlessly with the broader footpath network the transport system will continue to be inaccessible to many people with a disability, no matter how many accessible buses are on line. Getting through the barriers OK – so you have the pass, but now to get through the barrier. By Leonie Hazelton There are a few things that spring to mind when I think about transport. The main thing is: I don’t fit the mould. I have a vision impairment, but I don’t use a cane, therefore I’m not easy to spot, and people don’t often know how to take me. I travel to work on the train every day. It’s a bit annoying when you can’t get through the barrier at Wynyard or Central stations, because your vision impaired person’s permit looks like a credit card, rather than a ticket. You have to stand at the barrier looking like an idiot until someone from Cityrail opens the gate for you. It’s a bit humiliating, really, and I have nearly broken the barrier so I could get through to catch a bus. One thing I have learned from my little adventures on public transport is to always have your wits about you. My first bus trip By Jenefer Warner I wanted to go to Hervey Bay for a trip on a bus because I have never used public transport before. I telephoned the Wide Bay Transit Bus service a week prior to my intended travel to ask about bus times and the availability of a wheelchair accessible bus. I was informed that I had to telephone them nearer to the time of my intended travel as they did not know which bus would be off the road for maintenance/ servicing reasons. This made things hard for me because I have a support person on a daily basis and I had to advise them in advance should I not want their service on the day. I was told by the bus company they 17 might know which accessible buses would be available if I gave them 24 hours notice, but they could not guarantee this. This meant I could not give anyone advanced notice of my plans because I did not know them myself. I could not even let the hospital know that I would be there for an appointment. This added to my frustration. I could not even advise the person who was coming with me on what day or time we would be going for the bus ride. I found all this very upsetting because it meant that I had to make my travel arrangements to suit the bus company’s agenda rather than my own. I feel that being a paying customer I should have the right to travel where and when I like, wheelchair or not. The bus trip itself was fine when I finally got on board, although the entrance to the bus was a little tight, especially manoeuvring an electric wheelchair around the corner. My wheelchair was not tied down on the bus and I found it a little hairy when the bus went around corners. I believe that the bus company should state on their timetable whether the bus coming at a specific time is wheelchair accessible or not. If the timetables cannot show this information then the bus company should have a free phone number which can be called to get the information. But the bottom line is that I should not have to telephone at all. I should be able to catch an accessible bus when I want one. So ‘what is your emergency’? An inadequate system for identifying the needs of rail travellers with disability led to one PWD member’s late-night ordeal. Case study: Matthew Matthew has quadriplegia and uses a wheelchair. While taking his usual trip from St Leonards to Town Hall Station at 5:25 one evening, his train was delayed indefinitely. The train continued eventually to North Sydney station, where all other passengers disembarked, but Matthew was told to stay where he was as there were no lifts. He requested that staff carry him up the stairs but this was refused. 18 The train began to proceed to Waverton – a station that is equipped with lifts – but on the way lost all power and stopped, stranded. At 7:15 Matthew rang Cityrail to find out what was happening, and was told he could make a complaint that would be dealt with within 3–5 days. He then contacted a police officer, who called Cityrail on his behalf. When a Cityrail Operations Officer rang Matthew back, he explained he needed to get off the train, was in need of medication and was in serious discomfort. The officer asked him “What is your emergency?” and said she had no record of the train being stranded. At 9pm transit officers, accompanied by contractors working at North Sydney station, arrived and used a forklift to get him off the platform. Matthew finally got home just before 10pm. PWD members help to promote railway accessibility By Leonie Herdman I have been busy with the transport at Revesby Railway. I am on the committee for the Turnback Project. What they are doing is building a second platform and three lifts, which will be working by the end of 2007 and a new footbridge will also go in. We will have meetings every two months at Panania Senior Citizens Centre. Leonie is Community Advisor for the Revesby Turnback Project, managed by the Transport Infrastructure Development Corporation. The project will improve accessibility to the station and increase the volume of services on the East Hills line in Sydney. 19 Good news story: Greyhound buses set the standard Greyhound Australia has won a 2007 Disability Action Week Award in the transport category in recognition of the company’s efforts toward meeting the needs of passengers with disability. “We didn’t just create our Easy Access coaches based on legislative requirements or because we had to,” Chief Executive Officer, Robert Thomas, said. “Greyhound Australia went much further by speaking to passengers who had a disability.” Greyhound Australia’s new coaches enable people using wheelchairs and scooters to board in an easier, dignified manner. The coaches are also equipped with new, appropriately positioned hand rails, allowing people to maintain balance while getting into the seats and during the transfer of a wheelchair into the coach. Bus fares go over the top By Louise McKinnon I have to get the school bus from Brunswick Heads to and from my work in Murwillumbah, about 38 km away. I pay a concession fare of $4.90 each way. Then the taxi takes me from the bus stop to work. I pay a discount fare of $2.50 each way for the taxi. But in the school holidays the school bus does not go to Murwillumbah so I have to get a different bus which costs $10 each way ($20 per day). This happens for two weeks three times throughout the year, and then another two or three weeks in the Christmas holidays, depending on how many weeks’ holiday I take. Without appropriate concession provisions, Louise is required to pay $100 per week during school holidays for her bus transport to work. 20 Misinformation about accessibility Just how much do staff of transport providers know about their obligations? A PWD member found out the hard way. Case study: Maria Maria uses an electric wheelchair. She was excited about using it to get to the doctor and to go shopping. But she was very disappointed when she attempted to board a ‘wheelchair-accessible’ bus, the driver told her the bus did not take electric wheelchairs. Maria found out that the driver’s statement contravened the policy of the bus company. The bus driver should have let her on the bus. The driver’s response also contravenes the DSAPT part 3.2 – Access for Passengers in Wheelchairs: “Passengers in wheelchairs or mobility aids must be able to enter and exit a conveyance and position their aids in the allocated space.” Loud and clear? Not for all ferry passengers Case study: Yvette Yvette has a hearing impairment and cannot hear the announcements made on ferries, which are usually shouted from the lower deck. When asking ferry staff for information she has found them to be unhelpful and rude, and she is unable to lip read staff in the ticket booths because it is difficult to see them clearly through the security screens. Yvette considers this an issue of safety as well as equal access, and proposes that conveyances be equipped with electronic signs to convey important information. The DSAPT part 26.2 – Public Address Systems (Conveyances) states that “If a public address system is installed: people who are deaf or have a hearing impairment must be able to receive a message equivalent to the message received by people without a hearing impairment” by 31 December 2007. 21 On the road: Cabs, private cars and scooters There have been many recent innovations in accessible private transport for people with disability. The modified scooter designed by Wally Bancroft is one example. Mr Bancroft has invented a wheelchair he calls the Baribunma wheelchair – named for the Aboriginal word meaning “to dream” from his Bundjalung dialect. Its aim is to provide people with disability greater independence by providing a fully transportable, height-adjustable wheelchair that fitted through standard doors, under desks and into any van and people-mover. Rather than expensively modify a car to suit the wheelchair, this chair is simply slotted in to where the driver’s or front passenger seat was. Thirty patented wheelchairs, which can be customised with any kind of seat, are in production and Mr Bancroft is exploring overseas markets. Blacktown resident Andrew Smith, who has muscular dystrophy and is using the chair, says “I press the remote control, open the back door of my van, drive in, lock down and away I go.” But Wally Bancroft and Andrew Smith are two of the lucky ones. Other operators, inventors and users of modified conveyances have found that government regulations and red tape are making the already expensive process of using and modifying private vehicles even more difficult. For example, the Australian Government has a process through which a person with disability can purchase a car GST-free – but only if deemed eligible: You must have a current disability certificate issued by Health For Industry that states that you have lost the use of one or more limbs to such an extent that you cannot use public transport. 22 You must also be using the car for your personal transport to and from “gainful” employment (regular work for at least eight hours per week). Your partner, carers and family members are not eligible to purchase the car on your behalf. (See www.ato.gov.au/businesses/content.asp?doc=/content/13098.htm for more details.) Lack of action on scooters in taxis Why do people on mobility scooters have to transfer from their scooter onto one of the taxi seats? Sheila King asked this of the Queensland Minister for Transport in 2001. In a letter, the then Minister advised that manufacturers of the most commonly used mobility scooter in Australia are not prepared to certify their scooters as safe for carriage in motor vehicles. The Queensland Government therefore decided not to allow the carriage of occupied scooters in taxis. The government’s reasoning was, and still is, that the seats on scooters are generally not an integral part of the device and are designed to swivel and be height adjusted. Whereas, the Minister advised, with wheelchairs the seat is welded to the device at numerous points meaning that securing a wheelchair, automatically includes the restraint of the seat. This apparently does not occur with scooters. The Minister also said that wheelchairs are restrained at four points while scooters generally only have three possible restraining points. In addition, many scooters’ steering columns are not sufficiently secure and may be too close to the passenger to allow for safety in the event of an accident. The Minister stated that he was very concerned about the situation for scooter users who cannot transfer from their scooters and that he had asked Queensland Transport to find a safe and appropriate solution to this as a matter of urgency. 23 This was seen as a matter of urgency in 2001 – why has the solution not yet been forthcoming? Taking the lead in a regional area Case study: Lynn Lynn’s 13-year-old son has a brain injury and uses a wheelchair. Until two years ago there were no taxis at all in her area, but now her and her husband have set up a wheelchair-accessible taxi service that will cater to the needs of people with disability. They took up the offer of free licenses for taxi operators in rural areas and now provide transport service to their whole community and in particular to the elderly. Thanks to a government grant, they are able to charge subsidised rates for customers who are part of the Home and Community Care program. Lynn and her husband travel hundreds of kilometres each day taking children with disability to school and have started a wheelchair-accessible winery tour business. Custom-designed motor scooters – getting through the red tape Garret Krampe and Lauren Hislop Garret Krampe is a designer of modified scooters. Lauren Hislop asked him to design a vehicle that would enable her to get around – a vehicle based on a motor scooter, but with retractable stabilisers (like training wheels) and a top speed of 10 km per hour (due to Lauren’s reflex limitations). “I am not an elderly person and I do not want to ride an old persons conveyance,” says Lauren. The scooter would have two wheels and the stabilisers would only come down to the ground when it reached 5 km per hour. Garret says it would behave “like a mobility scooter, be a lot easier to store, a lot lighter, and certainly a lot ‘cooler’.” 24 Since planning these modifications, Garret has found that there are a number of hurdles to overcome. A modified motor scooter “would need to be registered under current guidelines but Lauren would not be able to drive not having the ability to obtain a license.” If any PWD members are interested in a mobility scooter such as this one, or have had success obtaining exemptions from the license regulations, please contact Garret: garret@kisser.net.au or Lauren: laurenhislop@bigpond.com Enabling travel Two new websites can help travellers with disability find the answers to their accessibility needs. www.d-ability.org The ‘disAbility Leisure, Arts, Sports and Lifestyle Web Guide’ was launched at a lunchtime event at the Royal Rehabilitation Centre, Sydney on 23 August 2007. Guest speaker at the launch was rock climber Nick Morozoff, who has paraplegia and features on the homepage. This website was developed by a specialist recreation service at the centre. It brings together resources from across the world about the arts, sport, health and travel for people with disability. On the site it says “You will be able to find links here to anything from mouth painting to mountain biking, fashion to wheelchair football, travel in Thailand to tenpin bowling.” www.australiaforall.com.au The Australia For All Alliance Inc officially launched its website during Disability Action Week in July 2007. This website is devoted entirely to providing information about accommodation and tourist venues that cater for people with physical, vision and hearing impairments. The intention of its coordinators is to bring this 25 information together on one site, as currently there are many websites about tourism, but it is difficult to find out whether the venues are accessible. This volunteer, not-for-profit community service was established in response to a national survey that identified the barriers that face people with disability when they try to make holiday arrangements. It has been described by reviewers as practical, useful and user friendly. Coordinator Sheila King says “We are hoping that people with disabilities will make this website their first ‘port of call’ when trying to find accessible accommodation.” Sheila has just returned from a conference on accessible tourism held in Valencia, Spain, at which her presentation based on this website was the only one to receive a standing ovation. The Australia For All Alliance was also the only organisation named in the closing workshop as having made an outstanding contribution to accessible tourism by way of their innovative website. Contact us LinkUp is the newsletter of People with Disability Australia Incorporated. We welcome contributions from members. Editorial responsibility for this edition lies with Therese Sands, Acting Co-Chief Executive Officer © 2008 People with Disability Australia Incorporated If you would like to receive LinkUp in an alternative format, or have an inquiry, contact us. Postal address: PO Box 666, Strawberry Hills NSW 2012 Street address: Ground Floor, 52 Pitt Street, Redfern NSW 2016 Phone: 02 9370 3100 Toll free: 1800 422 015 Fax: 02 9318 1372 TTY: 02 9318 2138 TTY toll free: 1800 422 016 Email: pwd@pwd.org.au Website: www.pwd.org.au 26 27