Tuesday, November 07, 2006

Car rentals must make space for a wheelchair?

According to the Parliamentary Under-Secretary at the Department for Transport, Gillian Meron, from December 4th any rental firm hiring out a vehicle with eight seats or less "will be under a duty to take such steps as are reasonable to alter the physical features of those vehicles so as to provide facilities for the stowage of a wheelchair."

The Government is citing section 21(2) of the Disability Discrimination Act 1995 and an EU Regulation for this requirement. The specific section of the DDA 1995 states:
Where a physical feature (for example, one arising from the design or construction of a building or the approach or access to premises) makes it impossible or unreasonably difficult for disabled persons to make use of such a service, it is the duty of the provider of that service to take such steps as it is reasonable, in all the circumstances of the case, for him to have to take in order to-

(a) remove the feature;
(b) alter it so that it no longer has that effect;
(c) provide a reasonable means of avoiding the feature; or
(d) provide a reasonable alternative method of making the service in question available to disabled persons.
I'm not quite sure how this applies to hire vehicles of eight seats or less besides linking it under a very loose definition of service. The problem with that of course is that even a company renting a SMART car would have to comply which would be physically impossible. I can't imagine what companies like this would do. The cost implications on vehicle rentals would be significant I presume, and they'd probably have to stop renting small cars out for fear of breaking the law.

I wonder what odds I can get on a stupid case getting to court sometime next year?

Update: It's been pointed out in the comments that the 2003 Act insreted changes to the 1995. I may be reading it wrong but the changes appear to specifcally say that it is "unreasonable" for those offering vehicle rentals "to have to take steps which would involve the alteration or removal of a physical feature of a vehicle used in providing the service". Isn't that a complete contradiction of the Government's statement?

3 comments:

Anonymous said...

COmpare with s 5 of the 2005 Act which inserted s 21ZA regarding transport services into the 1995 Act: http://www.opsi.gov.uk/acts/acts2005/50013--a.htm#5

Section 21ZA includes an enabling power for SIs. I've not checked to see if there are any - but this seems a starting point for your concerns.

dizzy said...

hmm thansk for that. That seems to imply that what the Government said is in fact wrong, doesn't it?

Jeremy Jacobs said...

More EU nonsense