Buses and Disabilities, What Rights?

People with disabilities and/or reduced mobility have the right to access public transport, including buses, both urban and extra-urban. And to receive the necessary assistance, without suffering additional costs or discrimination, at least in theory. Below are the rules in force in the European Union and in Italy.

1) EU Regulation on bus and coach passenger rights

Regulation (EU) no. 181/2011 establishes the rules governing bus transport with regard to:

-non-discrimination between passengers with regard to the transport conditions offered by carriers;

- the conditions of transport offered by the carriers, and the minimum information to be provided to passengers;

– passenger rights in the event of accidents, loss or damage to luggage, cancellation or delay of journeys;

– the absence of discrimination and the mandatory assistance to be provided to passengers with disabilities or reduced mobility; (1)

– the handling of complaints. (2)

2) Rights of persons with disabilities or reduced mobility

People with disabilities or reduced mobility should request assistance 36 hours before travel. Carriers, travel agents and tour operators cannot in any way refuse to accept a reservation, issue a ticket or carry a person. Nor can they increase the price of the ticket or reservations.

The not insignificant exceptions concern compliance with safety or health obligations, which include the configuration of the vehicle or infrastructure (e.g. stops). In such cases, the responsible entities must inform passengers in writing, within five working days, declaring to them the compliant alternative services operated by the carrier.

It is also possible request the assistance of a companion – who travels free of charge – if this can resolve the causes that lead to the exceptions considered.

In case of refusal of the right to transport of the passenger (and any accompanying person) who has submitted a request within the previous 36 hours, it is possible to choose between:

– refund and, if requested, free return to the first point of departure as soon as possible, or

– continuation of the journey or re-routing with compliant alternative transport services to the planned destination, except in cases of impracticability.

3) Accessibility and information

The conditions of access non-discriminatory information must be defined and adopted by carriers and station managers, in possible collaboration with organisations representing disabled persons or persons with reduced mobility, and made available physically (also upon request of the passenger) or on the internet, taking into account linguistic requirements and the readability of the information.

Tour operators They must in turn make this information available if the trips, holidays and tours organised and sold by them include transport services to passengers.

4) Designation of stations and right to assistance

All Member States must define the bus stations where assistance is provided to persons with disabilities or reduced mobility, and make the list available to the European Commission. Which, in turn, has made public the (meagre) list of 'designated bus terminals'. (3)

The stations have been designated in Italy pursuant to the Ministerial Decree of 25 August 2022. (4) Assistance services must be provided free of charge, including on board, in such a way as to allow:

– communicate your arrival at the station and request assistance at the designated points, to move to the check-in desk, waiting room and/or boarding area as needed

– board and disembark the vehicle (including during travel breaks), using lifts, wheelchairs or other equipment, as appropriate, together with the recognised assistance dog (if present), go to the seat, stow the luggage and collect it upon arrival;

– obtain essential travel information in accessible formats intended for passengers. (5)

 

Fig. 1 – List of bus stations in Italy that provide assistance to people with disabilities or reduced mobility (source: European Commission)

5) Provision of assistance, the conditions

The provision of assistance requires in any case the respect of some conditions that must be fulfilled by the passengers themselves. In addition to the notification of the need for assistance thirty-six hours in advance, it is necessary that the person concerned presents himself at a pre-established time, at least thirty minutes before the scheduled departure unless otherwise agreed.

Specific seating requirements must be communicated at the time of booking or advance ticket purchase.

All operators involved must take the necessary measures to facilitate the receipt of notifications requesting assistance and make every reasonable effort to provide assistance, even in the event of failure to notify, at least to board or disembark the vehicle and to make any connection. Travel agents and tour operators must transmit all necessary information to carriers or station management bodies.

The vectors o the managing bodies of the terminal stations must designate an internal or external point – highlighted by adequate signage and appropriate information – where persons with disabilities or reduced mobility can announce their arrival and request assistance.

6) Training

The management bodies bus stations and the carriers themselves must establish training procedures and instructions on disabilities and reduced mobility, in order to ensure that both driving and non-driving staff are trained and made aware of the actions to be taken to facilitate operations useful for guaranteeing the rights of such passengers.

Essential activities that operators must be able to carry out concern:

– support wheelchair users in sitting down and getting up, with knowledge and use of the necessary support equipment

– techniques for escorting blind or visually impaired passengers and providing assistance to service dogs, if present, to meet their needs;

– use of general equipment and procedures for boarding and disembarking to respect and protect the health, safety and dignity of passengers;

– awareness of specific needs and situations of vulnerability;

-ability to administer first aid. (6)

7) Compensation for damages to wheelchairs and mobility equipment

The responsability The cost of loss or damage to wheelchairs or other mobility equipment and assistive devices shall be borne by the carriers and station management bodies, as shall the compensation due to passengers in the event of loss or damage.

In addition to compensation – equal to the cost of replacing or repairing the equipment or devices – responsible operators must make every effort, if necessary, to provide temporary solutions that have similar technical and functional characteristics.

8) Exemptions

Member States may continue to apply derogations for certain aspects of domestic regular services, provided only that the level of protection provided by national rules is at least equal to that provided for by the Regulation.

The relationship of the Commission dedicated to these aspects has also confirmed that such derogations have never been adopted by the Member States. (7)

9) Sanctions

The penalties to be applied in the event of violations of Regulation (EU) No. 181/2011 are established in Italy by Legislative Decree No. 169/2014, with regard to the rights of persons with disabilities or reduced mobility:

– right to transportation. Penalty from €500 to €5.000 in case of refusal to accept the reservation, issuing or supplying a ticket, failure to provide free transportation of the companion (where applicable) and
persisting in the initially legitimate refusal to allow the restrictions to cease due to the presence of the companion;

– additional charges. A fine of €150 to €1.500 is foreseen in cases where reservations or tickets are offered at increased prices;

– accessibility and information. Failure to define non-discriminatory access conditions, in collaboration with the relevant organisations, is subject to fines ranging from €1.500 to €15.000. Failure to provide information leads to fines ranging from €500 to €5.000, reduced to €150–€1500 if the information is not physically distributed upon request by the passenger, in appropriate and accessible formats;

– assistance at designated bus stations and on board buses. Failure to provide free assistance by the carrier or station manager is subject to a fine of €300 to €1.200. Violations of the obligations on the conditions of assistance are subject to fines of €150 to €900;

– training. Failure to provide training by carriers and station managers is subject to fines ranging from €1.000 to €30.000. (8)

10) Transport Regulatory Authority

ART, the Transport Regulatory Authority, is responsible in Italy for verifying compliance with the requirements of all regulations on passenger rights (buses, trains, ships, and partly also airplanes), and provides a series of tools to passengers to ensure that their rights are respected. Among these is the digital assistance service 'smARTbot', which can be consulted to obtain dedicated and diversified information based on the length of the route (over or under 250 km). (9)

11) Protective actions

The authority of Transport Regulation is also responsible for carrying out checks and imposing the sanctions provided for. To this end, ART has established a specific internal regulation that includes the actions that passengers can exercise, including through it, to exercise their rights. (10)

Complaints of second instance, in particular, ART may be presented when the outcome of the complaint presented to the carrier is not satisfactory or in the absence of feedback within 90 days of its presentation. The second instance complaint must be sent by PEC in PDF format or sent by registered mail with acknowledgement of receipt using the appropriate form filled out and signed, or electronically via the telematics acquisition system of complaints (SiTe). (11,12,13)

The conciliation requests for the resolution of disputes (alternative dispute resolution) can in turn be presented through the ConciliaWeb service if - following a complaint or request for reimbursement/compensation - the user has not received a satisfactory response or has not received any response, within one year. (14)

12) Reviews and studies on passenger rights in the EU

The European Commission has published several documents on the application of Regulation (EU) No 181/2011 in the Member States. These include:

– report to the European Parliament and the Council (2016); (15)

– working documents for the verification of the functioning of the regulation, adopted following a consultation among stakeholders; (16,17)

– external study on the functioning of the regulation and comparative analysis of good practices; (18,19)

– guide on 'best practices' for the transport of people with disabilities and reduced mobility (20,21).

12.1) Evaluation results

The adoption of the regulation (EU) No. 181/2011 would have made an important contribution to improving the rights of all passengers including those with disabilities or reduced mobility, according to the European Commission.

Services However, public transport by bus with a distance of less than 250 km remains subject to less protection and should therefore be adapted.

Other aspects which should be improved are:

- bus terminals, to be adapted in number and structure

-the assistance to be provided, pursuant to the regulation

-responsibilities for loss or damage to baggage.

13) Italy, national rules for the operation of the bus service

Italian legislation is characterised by the existence of various provisions prior to the entry into force of Regulation (EU) No. 181/2011. In particular:

– law no. 118/71. Article 27 provides that public transport services must be accessible to 'non-ambulatory disabled people', and in no public place or place open to the public can access to 'disabled people' be denied; (22)

– Presidential Decree no. 384/78, in implementation of the above-mentioned art. 27, provides that at least three seats are reserved near the exit door and that the latter is accessible; (23)

– DM 2.10.1987, on the functional characteristics of buses, minibuses and articulated buses, for the transport of people with reduced mobility; (24)

– finally, law no. 104/92 imposes on the Regions and Municipalities the interventions to guarantee adequate public transport for the disabled, and the homologation (never received) of a prototype of dedicated urban and extra-urban bus. (25)

13.1) Federmobilità, ISFORT. 2015 Report

Federmobility and the Higher Institute for Transport Research (ISFORT) presented two subsequent reports, in 2015 and 2020, where they describe the situation of disabled transport in Italy and the weaknesses of the current regulatory framework (26,27). The main critical issues found concern:

– the perception of accessibility, very poor (Eurostat data 2012);

– the excessive fragmentation of the application of current regulations, also due to the delegations attributed to the Regions which significantly influence the availability and quality of the services provided;

– school transport with different competence attributions between Regions and/or municipalities. With lack of implementation of some rules, such as those on the free nature of the service;

– low use of public transport among disabled people, especially in non-work contexts. 74,9% of them would use the car, where possible;

– overall municipal spending on social transport is less than €100 million/year (5% of resources allocated for interventions dedicated to the disabled).

14) Provisional conclusions

The common rules introduced by Regulation (EU) No. 181/2011 are still unrealistic as they are poorly applied, in the substantial absence of the necessary supervisory and control activities

'Where a disabled person lives better, everyone lives better' (Federmobilità, ISFORT).

Égalité has repeatedly denounced the inaccessibility of buses in various cities in Italy. Interurban transport is even more complex. From words to deeds, the rules under consideration remain on paper.

#Égalité

Dario Dongo and Andrea Adelmo Della Penna

Footnotes

(1) Reduced mobility in the use of transport:

-can be caused by 'physical disability (sensory or locomotor, permanent or temporary), mental disability or impairment, or any other cause of disability', including age reasons, and

-requires adequate attention as well as adaptation to the specific needs of the service provided to the generality of passengers

(2) Regulation (EU) No 181/2011 on the rights of passengers in bus and coach transport https://tinyurl.com/3wjd7me8

(3) Designated Bus Terminals to assist persons with reduced mobility and disabilities. Updated 17.10.24 https://tinyurl.com/4w2etm3h

(4) Ministry of Infrastructure and Sustainable Mobility. Decree of 25 August 2022. Designation of bus stations providing assistance to persons with disabilities or reduced mobility https://tinyurl.com/ykuy7mr9

(5) The types of assistance provided are set out in Annex I to Regulation (EU) No 181/2011.

(6) As described in Annex II to Regulation (EU) No 181/2011

(7) Report from the Commission to the European Parliament and the Council. Derogations granted by Member States under Regulation (EU) No 181/2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004. https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX:52019DC0179

(8) Legislative Decree 4 November 2014, n. 169. Sanctioning provisions for violations of the provisions of Regulation (EU) n. 181/2011, which amends Regulation (EC) n. 2006/2004, relating to the rights of passengers in bus and coach transport. https://www.normattiva.it/eli/id/2014/11/21/14G00182/CONSOLIDATED

(9) See https://www.autorita-trasporti.it/

(10) See https://www.autorita-trasporti.it/wp-content/uploads/2023/09/Regolamento-sanzionatorio-diritti-dei-passeggeri.pdf

(11) The email for the PEC is [email protected], while the registered letter must be sent to the Transport Regulatory Authority, Passenger Rights Office - Via Nizza 230 – 10126 Turin

(12) The complaint form is available on https://www.autorita-trasporti.it/wp-content/uploads/2023/09/Annesso_reclamo-Autobus_UE_181_2011_signed.pdf 

(13) The SiTe is available on https://www.autorita-trasporti.it/site/

(14) See https://www.autorita-trasporti.it/conciliaweb/

(15) Report from the Commission to the European Parliament and the Council. Report on the application of Regulation (EU) No 181/2011 concerning the rights of passengers in bus and coach transport and amending Regulation (EC) No 2006/2004. https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=COM:2016:0619:FIN

(16) Commission Staff Working Document. Evaluation of Regulation (EU) No 181/2011 concerning the rights of passengers in bus and coach transport. https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX:52021SC0415

(17) Commission Staff Working Document. Executive Summary of the evaluation of Regulation (EU) No 181/2011 concerning the rights of passengers in bus and coach transport. https://eur-lex.europa.eu/legal-content/IT/TXT/?uri=CELEX:52021SC0416

(18) European Commission (2021) Study on the EU Regulatory Framework for Passenger Rights. Part B, Evaluation of Regulation (EU) No 181/2011 on the rights of passengers traveling by bus and coach. https://data.europa.eu/doi/10.2832/486038

(19) European Commission (2021) Study on the EU Regulatory Framework for Passenger Rights – Comparative analysis of good practices: final report. https://data.europa.eu/doi/10.2832/94240

(20) European Commission (2019) Best practices guide on the carriage of persons with reduced mobility – Final report. https://data.europa.eu/doi/10.2832/044141

(21) European Commission (2019) Best practices guide on the carriage of persons with reduced mobility. Annex 4, Booklet of best practices. https://data.europa.eu/doi/10.2832/03474

(22) Law 30 March 1971, n. 118. Conversion into law of decree-law 30 January 1971, n. 5, and new provisions in favour of the mutilated and disabled civilians. https://www.normattiva.it/eli/id/1971/04/02/071U0118/CONSOLIDATED/20241021

(23) Decree of the President of the Republic of 27 April 1978, n. 384. Regulation implementing art. 27 of law 30 March 1971, n. 118, in favour of the disabled and disabled civilians, regarding architectural barriers and public transport. https://www.normattiva.it/eli/id/1978/07/22/078U0384/ORIGINAL

(24) Decree of 2 October 1987. Functional and approval characteristics of the unified types of "buses and minibuses intended for the transport of persons with reduced motor capacity, including those unable to walk" and "buses, minibuses and articulated buses with seats specially equipped for persons with reduced motor capacity". Official Journal of the Italian Republic GU General Series no. 257 of 03-11-1987. https://www.gazzettaufficiale.it/eli/id/1987/11/03/087A9393/sg

(25) Law 5 February 1992, n. 104. Framework law for assistance, social integration and the rights of disabled people. https://www.normattiva.it/eli/id/1992/02/17/092G0108/CONSOLIDATED

(26) Public transport and disability. Rules, service offerings, financing mechanisms: an introductory report. https://federmobilita.it/2016/12/19/trasporto-pubblico-e-disabilita/

(27) Transport services for the disabled – Numbers, rules, resources: an overview. 9.7.20. https://www.federmobilita.it/it/images/doc/2020/carminucci_dis.pdf