The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) Regulations 1990

[F1 Duties towards wheelchair users of Schedule 1 vehicles E+W+S

12.— (1) This regulation applies (subject to regulation 15(1) (duties requiring the proper functioning of equipment)) in relation to a driver and a conductor of a Schedule 1 vehicle.

(2) If there is an unoccupied wheelchair space on the vehicle, a driver and a conductor shall allow a wheelchair user to board if—

(a) the wheelchair is of a type or size that can be correctly and safely located in that wheelchair space, and

(b) in so doing, neither the maximum seating nor standing capacity of the vehicle would be exceeded.

(3) For the purpose of paragraph (2), a wheelchair space is occupied if—

(a) there is a wheelchair user in that space; or

(b) passengers or their effects are in that space and they or their effects cannot readily and reasonably vacate it by moving to another part of the vehicle.

(4) A driver and a conductor shall ensure—

(a) where the carriage of a portable ramp is required by Schedule 1, that a portable ramp is carried on the vehicle where the vehicle is operating on a local service or on a scheduled service;

(b) that any boarding lift, boarding ramp or portable ramp is in its normal position for vehicle travel and is securely stowed before the vehicle is driven;

(c) where the vehicle is operating on a local or a scheduled service and it is fitted with a boarding lift or a boarding ramp which, in order to comply with Schedule 1, requires a means of control for it to be capable of being operated manually in the event of a power failure, that such a separate means of control is carried on the vehicle;

(d) that wheelchair users can gain access into and can get out of a wheelchair space;

(e) before the vehicle is driven, that any wheelchair user is correctly and safely positioned in a wheelchair space and that any retractable rail (being a rail fitted in accordance with the requirements of paragraph 4(3)(b) of Schedule 1) or any similar device is in a position to restrict the lateral movement of the wheelchair; and

(f) where a wheelchair user using a wheelchair space faces the front of the vehicle, that the wheelchair restraint system is attached in accordance with the relevant instructions pursuant to paragraph 8(3) of Schedule 1.

(5) If the vehicle has a seat in a wheelchair space which is capable of being quickly dismantled or removed, a driver and a conductor shall ensure that any such seat—

(a) when it is not in use and is stowed on the vehicle, is safely stowed; and

(b) whenever it is in position for use within the wheelchair space, is secured.]

Textual Amendments

F1 Pt. 4 inserted (1.10.2002) by The Public Service Vehicles (Conduct of Drivers, Inspectors, Conductors and Passengers) (Amendment) Regulations 2002 (S.I. 2002/1724), regs. 1, 6