PSVAR (DDA) regulations

[Tony]

Taken from RouteONE this may explain a lot of the DDA questions that have been raised

From 1 January 2016, all single-deck buses used on local or scheduled services must satisfy the Public Service Vehicle Accessibility Regulations 2000. These legal obligations are not as simple as making sure you've got a low floor and a wheelchair bay. Tim Deakin explains.

Coach and bus accessibility for disabled passengers is governed by the Public Service Vehicles Accessibility Regulations (PSVAR) 2000, and the regulations include deadlines for when PSVs carrying more than 22 passengers used on local or scheduled services must comply fully with the numerous requirements laid down in it.

For single-deck buses designed to carry 22 passengers or more and with a GVW of over 7,500kg, the deadline is soon: 1 January 2016, and it will be a criminal offence under the Equality Act 2010 (which replaced the Disability Discrimination Act 1995)  for those that don't comply after that date.

When used on the same basis, double-decker buses must comply with PSVAR by 1 January 2017, and coaches by 1 January 2020.

Satisfying PSVAR is not simply a case of having a low floor and a wheelchair bay. A host of other criteria must be met, and operators should be aware that buses built before 1 October 2000 may not necessarily comply with PSVAR without modification despite being low floor.

In addition, there are certain duties placed upon platform staff which if not carried out could in extreme cases ultimately lead to prosecution for the driver or conductor.



Slips, trips and pitfalls

PCVs used on private hire work, or 'closed door' services, are not subject to PSVAR. But those employed on registered local services – including those which carry only schoolchildren – must meet all regulations by the appropriate date.

A variety of vehicle fittings and functionalities are necessary to satisfy PSVAR, and either an accessibility certificate signed by a DVSA Vehicle Examiner (VE), or certificate of conformity signed by a representative of the body manufacturer or convertor for type-approved buses, is issued to those that conform with the regulations.

The MoT test requires PCVs with accessibility certificates to undergo examination to determine continued compliance.

According to a response from the Department for Transport (DfT) to a Freedom of Information (FOI) request made by disabled rights campaigner Doug Paulley, VEs can withhold an accessibility certificate if they believe that a vehicle has had its accessibility aspects changed or removed since approval.

Conduct of drivers when driving PSVAR-certified vehicles is regulated. Drivers are required to provide reasonable assistance to help disabled people (including wheelchair users) board and alight, although an operator can refuse carriage if it thinks that a wheelchair may be a hazard to others.

It is also important for operators to understand that the dimensions of a 'reference wheelchair' are used throughout PSVAR. There is no obligation to carry any which are larger. The reference wheelchair has a length (including footplates) of 1,200mm, a width of 700mm, a sitting height (from the ground to the top of the users head) of 1,350mm and a height of the footrest above the floor of 150mm.

Mobility scooters are not covered by PSVAR, and hence operators are not required to convey them. The DfT's guidance states that they "are outdoor vehicles intended for use as an alternative to public transport for short trips.

"They cannot be used as a seat on the vehicle because of their instability and the difficulty of providing restraint systems."



The nitty-gritty

There are a large number of criteria on which otherwise accessible buses may fail to satsify PSVAR. Space precludes listing them all, but the government's 63-page guidance document is available at www.zigs.me/7C9 and describes all requirements in great detail.

In simple terms, the most basic are:
◾Space for a wheelchair, with suitable safety provisions
◾A boarding device for wheelchair users to get on and off
◾A minimum number of priority seats, and minimum spacing
◾Defined size and height of steps
◾Equipment to display the route and destination
◾Audible and visible systems to request a stop and the use of a boarding device.

With regard to a boarding device for wheelchair users, it is not necessary for this to be a retractable ramp, although when fitted an interlock must be present to prevent the vehicle being driven with it extended.

A portable ramp that is stored on the bus and attached to the step by the driver when required is also acceptable, as is a rear-mounted wheelchair lift, as long as all other criteria are met.

The list above is not exhaustive, and there are many minutiae among requirements for individual items which must be satisfied.

In its guidance, the DfT particularly devotes a great deal of space to describing the specifics of handrail placement and size, priority seats and step heights.

Location and type of destination information screens is also regulated: Besides the conventional front display, it is necessary to display both the route number and destination on the nearside adjacent to the door.

A rear route number repeater, which can display a minimum of three characters, is also required, and all displays must be lit at night. Destination information may not be written solely in capitals.



The enforcer

The likely response to buses without a PSVAR certificate that remain in use on local or scheduled services after their respective cut-off dates, and not granted a Special Authorisation by the DfT, is outlined in its guidance: The operator is guilty of a criminal offence "if that vehicle does not comply with any relevant provision of the regulations."

Such an offence carries a fine not exceeding £2,500, but a potentially trickier outcome according to DVSA (routeone, News, 5 February) is the likelihood of the matter being raised with the relevant Traffic Commissioner. DVSA may also issue a prohibition notice, or a fixed penalty.

The guidance document also states that a PSVAR offence can be regarded as both corporate and individual, allowing for prosecution of both the company and/or the person responsible, such as a director, manager or secretary, for non-compliance. Its advice is that it "is essential that everyone involved understands the requirements of the regulations and their own responsibilities."

PSVAR does not prescribe any official body as responsible for initiating prosecutions for non-compliance, and this is confirmed in the DfT reply to Mr Paulley's FOI request.

While the guidance document states that the DfT hopes that prosecutions will be unnecessary, it outlines that they "will be considered where systematic abuse of the regulations has taken place, or where operators deliberately flout the law," adding that "it is not envisaged that one-off non-compliance, such as a stop request sign not working, would lead to prosecution."

Nevertheless, the bottom line is that both DVSA and the police may instigate prosecutions against operators for continued failures to comply with PSVAR.

There's a lot to consider, even for those operators that may run only a handful of buses on school work, and the legal requirement for drivers to assist disabled passengers when required is also significant.

How strictly, if at all, DVSA will enforce PSVAR remains to be seen. It has taken a low profile with buses of 7,500kg and below GVW, which have been subject to the regulations since 1 January 2015, and whether the police will display any interest in the matter appears doubtful.

But if potential trouble is to be avoided, operators that are unsure of their vehicles' compliance should pay attention to the DfT's guidance document and seek professional advice if necessary.