Disability standards for accessible public transport

The Disability Standards for Accessible Public Transport 2002 (Transport Standards) are national laws that set minimum accessibility requirements for public transport services, including buses, trains, ferries, taxis, and airlines, as well as associated infrastructure like stations, stops and terminals.

These standards aim to ensure that people with disabilities, their families, and carers can access public transport equitably and without discrimination

What are the benefits of having these standards?

Accessible public transport is essential for people with disability, their families and carers to participate fully in community life. The Transport Standards also benefit many older Australians and parents with infants in prams who rely on public transport.

The Disability Discrimination Act 1992 (DDA) aims to eliminate discrimination against people with disability. The Transport Standards explain what transport operators and providers must do to meet their obligations under the DDA. By complying with these requirements, operators not only improve access for people with a disability but also reduce the risk of complaints.

What do the Transport Standards do?

The Transport Standards are national laws that set minimum accessibility requirements for public transport vehicles, infrastructure. Those standards aim to ensure equitable access for people with disabilities, their families, carers, and others who rely on accessible transport.

For more information about the Disability Standards for Accessible Public Transport (DSAPT), including links to the reform process and the latest updates, visit the Department of Infrastructure, Transport, Regional Development, Communications, Sport and the Arts website.

The requirements apply to areas such as:

• access paths, manoeuvring areas, ramps and boarding devices
• allocated spaces, handrails and doorways
• controls, symbols and signs
• payment of fares and the provision of information.

All new public transport vehicles, premises, and infrastructure brought into use after the Transport Standards commenced must comply. For existing services and infrastructure, the Transport Standards outlines target dates for achieving full compliance by the end of 2032.

The Disability Standards for Accessible Public Transport Guidelines 2004 (No. 3) accompany the Transport Standards. These guidelines help operators understand and apply the requirements.

Compliance timeline

• All new public transport vehicles, premises, and infrastructure brought into use after the Transport Standards commenced must comply immediately.
• For existing services and infrastructure, the Transport Standards outline target dates for achieving compliance.
  Note: The DSAPT reforms are still being drafted, and the Decision RIS indicates that there will be varying compliance timeframes across different reforms. As such, the blanket compliance deadline of 2032 may no longer apply to all areas. Operators should monitor updates to the Transport Standards for specific compliance requirements.

The Disability Standards for Accessible Public Transport Guidelines 2004 (No. 3) accompany the Transport Standards. These guidelines help operators understand and apply the requirements.

How do the transport standards affect you?

• From now until 2032, certain parts of the Transport Standards must be met by all vehicles operating as public transport.
• All new vehicles, including second-hand vehicles new to your operation, must comply.
• Vehicles purchased before the Transport Standards commenced on 23 October 2002 must comply by the target dates in the standards (see page 5).
• All new public transport systems must comply with the Transport Standards.
• If you cannot meet a specific requirement, you may provide equivalent access that ensures people with disability are not discriminated against.

What is equivalent access?

Equivalent access means providing an alternative way for passengers to use your service that offers the same level of amenity, availability, comfort, convenience, dignity, price and safety as the standard requirement.

If you plan to provide equivalent access, you must consult with passengers with disability who use your service, or with organisations that represent them, before putting your proposal in place.

What happens if you don't comply with the Transport Standards by the target dates?

• Under the DDA, it is unlawful to discriminate against a person (directly or indirectly) because of their disability. It is also unlawful not to comply with the Transport Standards.
• If people with disability cannot access your services because you are not compliant, they can make a complaint to the Australian Human Rights Commission.
• The Commission will first try to resolve the complaint through conciliation. If that is unsuccessful, the complainant may take the matter to court. You could then be ordered to pay damages and/or fix the area of non-compliance.

Are there any exemptions for not complying with the Transport Standards?

• If complying with the Transport Standards would cause unjustifiable hardship, it is not unlawful to fail to comply. However, you must still meet the requirements as much as possible without causing unjustifiable hardship.
• If a complaint is made, you must be able to demonstrate why full compliance would cause unjustifiable hardship.
• You can apply to the Australian Human Rights Commission for a temporary exemption, which may be granted for up to five years.
• Alternatively, you can provide equivalent access as outlined in the section above.

What is unjustifiable hardship?

Unjustifiable hardship means that meeting the requirement would create an exceptionally high cost or difficulty when weighed against the benefit it provides for people with disabilities. For example, upgrading a small rural ferry service to meet every specification immediately for all access needs may be unreasonably costly, but operators would still be expected to make improvements where possible.

Particular exclusions from the Transport Standards

Some transport services are exempt from the Transport Standards because of the type of service they provide.

Limousines, hire cars and charter boats

These services are exempt because they are pre-booked and operate as unique services. In many cases, they are not considered public transport under the Standards.

Dedicated school bus services and small aircraft

• Dedicated school buses and small aircraft are exempt from the physical access requirements of the Transport Standards. This means they are not required to be accessible to wheelchair or mobility scooter users.
• A dedicated school bus service is defined as a service that transports primary or secondary students to or from school, or for other school purposes.
• A small aircraft is defined as one with fewer than 30 passenger seats.

Airports without regular public transport services

• Many small airports do not have regular staff and are used primarily for non-commercial or charter flights.
• These airports are often not licensed for regular public transport services and may lack the revenue for capital improvements.

What about action plans?

• The DDA allows service providers to prepare and implement an action plan.
• An action plan outlines how you intend to meet the Transport Standards.
• You can lodge your action plan with the Australian Human Rights Commission as evidence of your intentions. This may help if a complaint is made. Please note the Commission will make your action plan publicly available.

Target dates for implementation of the Transport Standards (excluding trains, trams and light rail)

The Transport Standards outline staged compliance targets for various accessibility features. Below is the full table of compliance milestones.

Part	Part No	31 Dec 2007	31 Dec 2012	31 Dec 2017	31 Dec 2022	Future Targets
Alarms	19	100%	-	-	-	-
Belongings	30	100%	-	-	-	-
Booked Services	28	100%	-	-	-	-
Food and Drink Services	29	100%	-	-	-	-
Hearing Augmentation	26	100%	-	-	-	-
Information	27	100%	-	-	-	-
Lighting	20	100%	-	-	-	-
Priority Seating	31	100%	-	-	-	-
Signs	17	100%	-	-	-	-
Symbols	16	100%	-	-	-	-
Handrails and Grabrails	11	-	100%	-	-	-
Payment of Fares	25	-	100%	-	-	-
Surfaces	10	-	100%	-	-	-
Access Paths	2	25%	55%	90%	100% (buses only)	100%
Allocated Space	2	25%	55%	90%	100% (buses only)	100%
Boarding Devices	8	25%	55%	90%	100% (buses only)	100%
Controls	21	25%	55%	90%	100% (buses only)	100%
Doorways and Doors	12	25%	55%	90%	100% (buses only)	100%
Manoeuvring Areas	3	25%	55%	90%	100% (buses only)	100%
Ramps	6	25%	55%	90%	100% (buses only)	100%
Stairs	14	25%	55%	90%	100% (buses only)	100%
Toilets (or stops)	15	25%	55%	90%	100%	-

References

• Australian Human Rights Commission
• Department of Transport and Main Roads—Accessible public transport standards
• Disability Discrimination Act 1992 (DDA)
• Disability Standards for Accessible Public Transport 2002 (Transport Standards)