Transport

"EqA" or "Equality Act" means the Equality Act 2010 (link to legislation.gov.uk)

The "Services Code" means the 2011 Equality Act Code of Practice on services, public functions and assocations (pdf, link to EHRC website), which came into force on 6th April, 2011.
(More on EqA Codes of Practice)

This page deals with how far transport is covered by the rules on services to the public in Equality Act Part 3. In summary, most land-based transport is covered by the Equality Act rules. A limited transport exemption applies to ships and aircraft, but even there various facilities such as timetables and booking are covered by the legislation.

Note: this page covers the Equality Act 2010 position from 1st October 2010. See also pre-Equality Act position and Which Act applies: Equality Act or DDA?

Introduction

The general rule is that providers of goods and services must comply with Equality Act Part 3 rules on services to the public. At one time there was an exemption for transport services. This transport exemption still applies to ships and aircraft, though even here facilities such as booking are probably not affected and remain within by the legislation - see Non land-based transport below. However in 2006 the exemption was abolished for most land-based transport, so for example trains, buses and taxis are now covered by the Equality Act.

I don't deal here with the rules on accessibility of transport (eg taxis, buses, trains) in Part 12 Equality Act, as they are not relevant to stammering.

Examples:

"A disabled customer with a speech impairment or a learning disability may have difficulty in explaining to a bus driver what their destination is. If the bus driver refuses to allow them on the bus in order not to delay other customers waiting to board, this is unlikely to be justified." Para. 7.19

"A PHV driver orders a passenger with a severe speech impediment to leave the vehicle because he assumes she has had too much to drink. However, the passenger's speech is slurred as a result of a disability rather than alcohol consumption. The refusal of further service is for 'a reason which relates to the disabled person's disability.' This will be unlawful unless the transport provider is able to show that the treatment in question is justified, as defined by the Act." Para. 4.12

Both from 'Provision and Use of Transport Vehicles: Statutory Code of Practice'.

Land-based transport

The Equality Act covers most land-based public transport providers - rail, bus, coach, light rail & tram, taxi & PHV, car rental, and breakdown services.

In general the normal rules on services to the public apply. So there are rules against treating someone less favourably for a reason related to their disability (with only a limited justification defence), and a duty to make reasonable adjustments.

There are some exceptions, which are probably not relevant to stammering.

The Disability Rights Commission issued a Statutory Code of Practice Provision and Use of Transport Vehicles (pdf file on EHRC website). This sets out in some detail how the DRC sees the transport rules working. The box on the right gives two examples from the Code about speech impediments. A Code of Practice for the Equality Act is not yet available but the DRC Code remains in force (see 'Are the Codes of Practice issued by the DRC, CRE and EOC now obsolete?' (link to EHRC website)).

The legal provisions, which provide exceptions for land transport but then largely bring land-based services back in, are EqA Sch 3 para 34 and (on reasonable adjustments) EqA Sch 2 para 3.

Non land-based transport

For ships (including hovercraft) and aircraft, there are major exemptions from the Equality Act.

Facilities still covered by Equality Act

Firstly, it seems that this exemption does not cover all services relating to non-land based transport. There are services relating to ships and aircraft which still fall within Part 3 Equality Act. The position is not clear, but what seems most likely is that, as before under the DDA, the Equality Act applies as normal:

"in respect of services which do not involve the use or provision of the vehicle itself. These matters include timetables, booking facilities, waiting rooms etc at airports, ferry terminals, and bus, coach and rail stations."

This wording comes from Paragraph 3.14 of the Revised Code of Practice: Rights of Access (pdf file on EHRC website). The courts followed this approach in Ross v Ryanair.

So examples of situations that should fall within the Equality Act include buying an air ticket at an agency or by telephone; making a timetable enquiry; or using the buffet bar at a ferry terminal.

As regards air travel (and perhaps water travel, as regards reasonable adjustments) the argument would be that these type of services - ticketing, enquiries etc - are not exempted from the Equality Act by EqA Sch 3 para 33 and, on reasonable adjustments, EqA Sch 2 para 3.

It is possible that for ships and hovercraft it is the (pre-Equality Act) DDA rules on provision of services that apply here: see below Ships and hovercraft. However, I think most likely these type of services fall within the Equality Act rather than the old DDA.

Ships and hovercraft

The Equality Act rules on provision of services do not apply to, broadly, discrimination which relates to (a) provision of a ship or hovercraft or (b) services when travelling in a ship or hovercraft. (It would need to be checked whether the rules on public functions are different.)

The details of this exclusion are on my pre-Equality Act Transport page, alongside Article 10 below. This is because, pending regulations under EqA s.30, the pre-Equality Act rules on provision of services still apply to specified services and public functions relating to ships and hovercraft. (Article 10 of SI 2010/2317 (link to legislation.gov.uk)). The services specified in Article 10 are "(a) transporting people by ship or hovercraft, (b) a service provided on a ship or hovercraft, or (c) the exercise of a public function in relation to a ship or hovercraft that is not the provision of a service to the public or a section of the public."

So, for example, there is no protection from discrimination as regards shops, bars and restaurants onboard a ship or hovercraft.

As regards water transport there are also exceptions from the reasonable adjustment duty in EqA Sch 2 para 3. It may be that these are not very relevant at the moment, given the continued application of the DDA.

Regarding the future, in January 2011 the government issued a Consultation on the application of Part 3 of the Equality Act to Ships and Hovercraft (link to dft.gov.uk). Also written statement (13/1/11). As regards disabilility, the government proposes that the above transitional position for provision of services, under Article 10, should continue until December 2012 when a European regulation takes effect: Regulation (EU) No 1177/2010 concerning the rights of passengers when travelling by sea and inland waterway (pdf, link to eur-lex website). It is not at all clear that the European regulation helps with stammering. It talks of a "person whose mobility when using transport is reduced....".

Aircraft

The Equality Act rules on provision of services do not apply to "transporting people by air" or "a service provided on a vehicle for transporting people by air (EqA Sch 3 para 33).

There are also some specific exclusions from the reasonable adjustment duty for air transport (EqA Sch 2 para 3). For example, it is never reasonable to have to take a step which would affect what happens in the plane while someone is travelling in it.

However, there is a European regulation concerning rights of disabled persons and persons with reduced mobility when travelling by air. The Equality Act services provisions do not apply to anything governed by the regulation (EqA Sch 3 para 33(2)). However it is not clear how far the European regulation helps with stammering, though it probably covers it to some extent. It covers broadly "any person whose mobility when using transport is reduced due to [ ...] or any other cause of disability, or age, and whose situation needs appropriate attention and the adaptation to his or her particular needs of the service made available to all passengers". Links air travel and disability:

Airport and airline services for disabled travellers (link to direct.gov.uk)
'Access to air travel for disabled persons and persons with reduced mobility' (pdf) - Code of Practice published by the Department for Transport
Regulation (EC) No 1107/2006 (pdf, link to EUR-Lex website) - the text of the European regulation on rights of disabled persons and persons with reduced mobility when travelling by air
ECAC Doc No 30 (pdf) - published by the European Civil Aviation Conference (ECAC), page 104 has guidelines to airport and airline personel on 'people with impaired speech' (para 36 of Annex 5-E of the document).

Role of UN disability convention?

The Equality and Human Rights Commission suggests in its Guide to the UN Convention on Rights of People with Disabilities (link to EHRC website) - see page 16 of pdf version - that the exemption for air and shipping may be inconsistent with the Convention. More on the UN Convention.