These rights include the right to non-discrimination, the right to accessibility and assistance at no additional cost, the right to carrier liability towards damaged and broken mobility (so train companies or others need to support with repair and replacing mobility equipment, such as wheelchairs); and the right to accessible complaint handling.
Assistance: While the provision of assistance was already present in the previous regulation, the pre-notification time to request such assistance has been reduced from 48h to 24h. In addition, if the passengers does not pre-notify when boarding at unstaffed stations or trains, train operators and station managers are now obligated to make "all reasonable efforts" to facilitate the person's travel. In the past, there was only a requirement to provide information indicating the nearest staffed station and assistance available.
Finally, the door is open for each EU country to establish a 'single point of contact' to coordinate information and assistance. This will allow the passenger to make only one request, even if the journey requires the services of different companies in different countries.
Accompanying person: with the new regulation, where a railway undertaking (train operators, stations) requires a person with a disability to travel accompanied, the accompanying person will be entitled to travel free of charge and – where feasible – to be seated next to the person with disabilities. Persons with disabilities can also be accompanied by an assistance dog – in accordance with national law.
Accessibility of information: information about the discontinuation of service, travel information (where possible based on real-time), information about your rights as a passenger, about the accessibility of the station or trains, and associated facilities, will have to be more accessible.
Mobility equipment: although this provision existed in the 2007 regulation, the new text develops it a bit more, specifying that in an event of loss or damaged mobility equipment or assistive device, the compensation will include the cost of replacement and repair as well as the costs of temporary replacement. Besides, when such situation arises, train operators and station managers will have to make all reasonable efforts to provide immediate temporary replacements. Railway undertakings will also be liable for compensation as regards loss or injuries of assistance dogs. Member States may also allow trials with other assistance animals.
Training: this new provision, an important result of our advocacy, will require staff directly assisting passengers with reduced mobility to undergo disability-related training. Additionally, staff in contact with the public will also receive disability awareness training. Unfortunately, the participation of passengers with disabilities and organisations representing them in such trainings, although mentioned, is not mandatory.
Minimum service quality standards: railway undertakings will have to report on assistance provided to persons with disabilities and reduced mobility.
While the regulation applies to all international and domestic rail journeys and services throughout the EU, Member States can exclude urban, suburban and regional passengers from the application of some of its provisions – including those relevant to persons with disabilities and reduced mobility. This is especially the case for urban and suburban rail services, where the only obligations that will always apply are those related the right to transport and accessible information – but not to assistance or liability for damaged or mobility equipment. International rail services that include non-EU countries can also be exempted.
Through initiatives such as the Turn-up-and-Go campaign, the European Disability Forum was an active influence of this regulation. While the resulting text successfully included some of our demands, it also fell short from fully guaranteeing an independent and spontaneous travel for persons with disabilities:
- There is still the need to pre-notify assistance;
- There is still the possibility to limit the times during which assistance is provided;
- There are exceptions for regional, suburban, urban and international services
- The application of staff training is limited to a certain group of staff (without an obligation to involve persons with disabilities and no minimum requirements for harmonised curriculum)
To make the most of this Regulation, it is important that all passengers are aware of their rights and that they submit complaints when these are violated. In addition, organisations representing persons with disabilities and reduced mobility can play a key role in the implementation of the Regulation by getting involved in the development of non-discriminatory access rules, the establishment of service quality standards and the provision of disability related training to tail staff.
REHACARE.com; Source: European Disability Forum
