Taxi Driver Online

Bus firm in wheelchair case appeal


The refusal of a woman from West Yorkshire to move a pushchair with a sleeping baby from a bay on a bus used by wheelchair passengers - causing a disabled man to have to leave the vehicle - is at the centre of a test case legal battle in the Court of Appeal.

Three appeal judges are being asked by a bus operator to decide whether wheelchair passengers should have priority over all other passengers to use the space as a matter of law.

The judges heard First Bus Group has a policy of "requesting but not requiring" non-disabled travellers, including those with babies and pushchairs, to vacate the space if it is needed by a wheelchair user.

But a judge at Leeds County Court ruled the policy was discriminatory and in breach of a duty under the Equality Act 2010 to make reasonable adjustments for disabled people.

The ruling was made in the case of wheelchair user Doug Paulley, from Wetherby, the man denied access to the bus after the woman with the sleeping baby refused to move.

Mr Paulley, 36, won £5,500 in damages against First Group, after Recorder Paul Isaacs declared the company should have taken measures to ensure he wasn't at a disadvantage when he tried to get on the bus.

The judge said it had been Parliament's decision to "give protection to disabled wheelchair users and not to non-disabled mothers with buggies".

Martin Chamberlain QC, for First Group, appealed against that ruling. He said it was an example of a long-running problem on public transport that had produced conflicting court decisions and bus operators were now seeking legal clarity.

First Group had appealed because of their need to know "what they are legally required to do and how".

Mr Chamberlain said: "It will be obvious that (First Group) are much more concerned with the wider effect of Mr Recorder Isaac's judgment on its policies, customers and staff than on the relatively modest (damages) sum awarded in this case."

The case also affected "the expectation of disabled people to be able to access public transport".

Mr Chamberlain told appeal judges Lady Justice Arden, Lord Justice Lewison and Lord Justice Underhill: "The problem with the adjustment required by the Recorder in this case is that it requires a rigid policy of priority for wheelchair users over all other passengers, irrespective of their legitimate need to use the same space."

Mr Chamberlain said the requirement "unnecessarily encourages confrontation and is unenforceable". It was not in the interests of disabled people or passengers more generally.

Mr Paulley's defence of the Isaacs decision is being funded by the Equality and Human Rights Commission.

http://www.yorkshireeveningpost.co.uk/n ... -1-6946509

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

It would appear that such conflicts are becoming more commonplace and a legal definition is required.

I was involved with some of the studies in wheelchair accessibility back in the 1990s which led up to parts of the Disability Discrimination Act. In those days wheelchair were relatively modest affairs and buses were designed for a "British Standard" wheelchair. Since then wheelchairs have grown in size to some of the motorised monstrosities we see today which will barely fit through a door let alone get on a bus.

Looking at it from an operators' perspective, disabled don't pay fares, nor do the elderly, nor do a lot of children. Buses are NOT a social service provided by the money fairy or "the council", they are provided by companies small and large who have to take a financial risk in providing services and vehicles. OK, they get some subsidies for taking free passengers, but that doesn't usually cover the cost of the standard fares. There's also Bus Service Operators Grant, in effect a rebate on the fuel duty paid by the operator on the fuel used on registered bus services. This rate has decreased considerably over recent years.

Someone somewhere has had to pay for disabled accessibility on public transport, and that burden does not fall on the user.

Bus driver turned away Aberdeenshire wheelchair user

An Aberdeenshire wheelchair user was unable to visit her sick partner in hospital because she was denied access to a bus.

Sarah Hawken, who lives in Aboyne, intended to visit partner Debbie Baxter at Aberdeen Royal Infirmary, who doctors believe has polycythemia vera, a rare bone marrow disorder.

On the morning of October 22, the 31-year-old set out to get the 7.30am Stagecoach 202 bus from Aboyne-Aberdeen, the only bus service available.

She claims she was told by the driver she could not get on the bus because she had not booked in advance.

After returning home, Ms Hawken waited till 9am to contact the Stagecoach booking office, who told her the driver should have let her on.

Ms Hawken, who does not have the use of her legs, says her partner also fulfils the role of her carer and without her, she is effectively stranded in Aboyne unless she can get the Stagecoach bus.

She said: “I can’t use my legs, so I need help getting dressed, making meals, every day care stuff.

“I can get around on my own on my chair but some things like reaching the top shelves in shops, I can’t do.

“She always does so much for me and the one time she needed my help I couldn’t be there for her.”

Stagecoach has since apologised to Ms Hawken for the incident and says while it encourages wheelchair users to book up 24 hours in advance, it is not an obligation.

The company says it instructs its drivers to check whether another service is nearby or, if not, arrange a taxi.

A spokeswoman for Stagecoach North added: “We work hard to train our staff to ensure that they are able to provide an excellent level of service to all passengers, regardless of their mobility requirements.

“We are disappointed that our high standards of customer service do not seem to have been upheld on this isolated occasion.

“We have taken this opportunity to remind all drivers of the related company policies and will discuss this particular case with the driver involved.

“We have been in direct contact with Ms Hawken to apologise for this issue and we have also offered to accompany her during her next journey to help improve her confidence when using our services.”

https://www.pressandjournal.co.uk/fp/ne ... hair-user/

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

What happens when a bus pulls up and a wheelchair user wants to get on, but there is already a wheelchair user in the allocated space?

Is the bus company being discriminatory?

_________________
IDFIMH

as a colleague pointed out to me today - can you imagine the outrage if this was a cab driver?

_________________
Think of how stupid the average person is, and realize half of them are stupider than that.
George Carlin

The elderly and disabled do pay bus fares, just not at point of use.

_________________
stressed controller!!!

[quote="Sussex"]What happens when a bus pulls up and a wheelchair user wants to get on, but there is already a wheelchair user in the allocated space?

Is the bus company being discriminatory? [/quote

Eh now let me think... NO!

It's the same for any able-bodied person when a bus is full, you have to wait until the next bus.

_________________
All animals are equal but some animals are more equal than others.
George Orwell, "Animal Farm"

But the bus isn't full, it has spaces, just none for wheelchair users.

_________________
IDFIMH

I've not heard of wheelchair users having to pre-book to get on a bus! But then in rural areas where there is an infrequent service I can see the sense of it.

If the wheelchair space on a bus is already taken by a wheelchair user, then the bus clearly cannot accept another wheelchair as it would cause a danger not only to the wheelchair user but to other passengers. It the second user can get out of the chair and use a normal seat, then their chair could be folded and stowed where it is unlikely to be a hazard to others.

If the Disabled want equality then it doesn't get much more equal than having to wait your turn for a seat space like anyone else...but they want to be more than equal, they want preferential treatment, they would quite happily see a stressed out mother be ejected from a bus with her wain and non-foldable pram and made to wait for the next bus instead of themself even if it meant both mother and child getting a soaking in the process rather as say ..ok, I'll just get the next bus.

If their choice of buggy/pram doesn't fold, that's their look out. They could have made a more practical purchase at Mothercare.
Not an option open to the average wheelchair user.

_________________

http://wingsoverscotland.com/ http://www.newsnetscotland.com/

Typical lefty Man view...Wanting to throw a stressed out mother and her Perambulated bairn off the bus just because she's an inconvenience to a wheelchair user, where's the equality in that? If there's no space on the bus then there's no space on the bus regardless of ability status...Who's to say she bought the Pram in mother care, it could have been salvaged from a Skip because the poor wee woman couldn't afford a folding pram, It's not easy being a mother you know....my mum told me that, and bless her she had a model child..Me.

It would've meant the bus driver would have to get off his fat arse and pull the ramp out so she could get on the bus.

All this booking bollox is pure bollox.

There is loads of money being spent on wheel chair vehicles both buses & taxis, I had a wav hackney for 4 years and never took a single wheel chair passenger.
Never have so few had so much spent for there benefit.
PS can I have the same allowance for a car that all the disabled get.

I wonder why so many selfish [edited by admin] end up driving taxis?

_________________

http://wingsoverscotland.com/ http://www.newsnetscotland.com/