Background
Until a few years ago, public transportation in Israel was not usable by individuals with disabilities. Buses, taxis, trains as well as bus and train stations were not accessible to people with disabilities. Following legislation of the Equal Rights Law, Bizchut and a coalition of 27 disability organizations have been working tirelessly to ensure that the sections of the law relating to accessible transportation are properly implemented. As a result, steps are being taken to make public transportation fully accessible to individuals with disabilities.
Accessible public transportation according to Equal Rights Law
General:
Included in the Equal Rights Law for People with Disabilities is the right to accessible public transportation.
Paragraph 17 of the law states that 'an individual with disabilities is entitled to public transportation services that are accessible and usable by him/her'.
It is important to stress that the right to accessible public transportation applies to all generally available forms of transport, and requires frequent availability of accessible transport. In other words, institution of a separate transport system solely for individuals with disabilities is not sufficient.
Means of access:
Public transportation operators are obligated to make necessary adjustments in vehicles so that they will be suitable for safe, independent, and dignified use by individuals with disabilities. Modifications must be made to ensure that there is no need for assistance from others in climbing stairs, maneuvering, locating access aides, etc. Possible devices to be installed may include:
- Wheelchair appropriate ramps or elevators on buses and trains and at train stations
- PA systems in train stations and inside individual cars servicing the visually impaire
- Digitized signs servicing the hearing impaired
Information regarding public transportation must be presented in a clear and simple manner, enabling people to easily obtain the necessary information.
Types of public transportation requiring accessibility arrangements:
Types of public transportation to be made accessible to individuals with disabilities are as follows:
- Intra-city buses
- Trains
- Light rail systems
- Airplanes
- Ships
- Bus and train stations, air and sea ports
Due to government pressure at the time legislation was passed, taxis and intercity buses were excluded from the list of transport means requiring accessibility. However, amendments to the law that have already passed a first reading in the Knesset include a section obligating accessibility for individuals with disabilities to taxis and intercity buses as well.
Accessible public transportation- Supreme Court perspective
The Equal Rights Law for People with Disabilities was passed on March 5, 1998 and came into effect on January 1, 1999. Unfortunately, the Ministers of the Treasury and of Transportation were remiss in their obligation to establish detailed regulations of the technical adjustments required by public transport operators under this law. Meanwhile, the main bus cooperatives, Dan and Egged continued to stock low-floored buses - without appropriate ramp installations - that were inaccessible to people who use wheelchairs.
On June 1, 2000, after pressure applied by Bizchut and a coalition of disability organizations failed to achieve their objective, Bizchut submitted a petition to the Supreme Court against the Ministers of Transportation and the Treasury, and the Dan Bus Cooperative (HCJ 00/3989). A number of other parties joined the petition, including: MK Ilan Gilon, the Coalition of Organizations for Promotion of the Equal Rights Law and other organizations championing rights of individuals with disabilities. The petition demanded that the ministers in question be held to their legal obligations vis a vis the Equal Rights Law and that they institute regulations to make public transportation accessible to people with disabilities. The petition further demanded that the purchase of any new bus inaccessible to people who use wheelchairs cease immediately.
On January 17, 2001 the Supreme Court concluded proceedings on the petition. As a result of the petition the following actions were taken:
- Submission of regulations - in January, 2001 the Ministers of Transportation and the Treasury submitted to the Knesset their directives regulating accessibility for individuals with disabilities to public transportation. In August 2002, the directives were approved by the Knesset (see below).
- Accessibility of buses - based on the guarantees of the Ministry of Transportation and the Dan bus company, the court ruled that hundreds of new buses, those in use and those on order, would be made accessible to individuals who use wheelchairs by fitting the buses with ramps or other appropriate devices. The court further ruled that all buses would be checked by professionals appointed by Bizchut, who would then submit their expert opinion regarding solutions for making buses fully accessible.
Regulations for accessibility on public transportation
The regulations establish the technical requirements necessary for buses, trains, bus and train stations, ports, and mass transit information services in order for these services to be considered 'accessible.' They also outline the timetables for institution of full accessibility.
The process of submission of regulations in January 2001, their approval by the Knesset law commission in August 2002, and their subsequent signing by the Ministers of Transportation and the Treasury were all a direct result of Bizchut's petition to the Supreme Court.
Accessibility to public transportation - the reality
Overhaul of the mass transit systems in order to ensure full accessibility for individuals with disabilities is a gradual process that will take many years to complete satisfactorily. However, the fact that the major bus cooperatives have stopped introducing new non-accessible buses, and are now outfitting all their intra-city buses with accessibility devices is a hopeful sign. In addition, other transport systems are beginning to make appropriate changes in accordance with the law. Following are a few examples:
Intra-city buses- following our petition, the Ministry of Transportation declared that beginning in 2001, all new buses in the intra-city bus systems must be outfitted with wheelchair accessible apparatus. Indeed from 2001 onwards, the Dan and Egged cooperatives have acquired only buses with ramps for intra-city transport. The intra-city bus fleets in Jerusalem, Tel Aviv and the central region, Haifa, Safed and other cities include accessible buses.
Trains- Israel Railways announced that dozens of new single and double-decker train cars would be made accessible to people who use wheelchairs. Additionally, new stations built will be accessible for people with all types of disabilities, including installation of mini-ramps on platforms that will allow for easy boarding by travelers who use wheelchairs.
Light-rail- the long anticipated light rail systems for Jerusalem and Tel Aviv are finally beginning to take form. Bizchut's inquiries returned a positive response: the light rail system was planned in consultation with accessibility experts and will be fully accessible to people living with the entire range of disabilities.
