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Disability Discrimination Act 

Under the Disability Discrimination Act, there are statutory requirements placed on highway authorities to make specific provision for disabled people in matters such as pedestrianisation and crossings. Since December 2006, there have been two parts of the Act that are of particular interest and relevance:

  • non-discriminatory requirements in relation to public authority functions
  • the duty to promote disability equality

These requirements are set out in more detail in Section 14 on the Disability Discrimination Act. Broadly speaking, public authorities – which includes highways authorities – must make adjustments to the way in which they carry out their functions. The purpose of this is to ensure that disabled people are not disadvantaged by the way in which those functions are carried out.

Access groups need to help encourage good practice in this area. Useful reference material includes the following two publications from the Department for Transport:

 

New Roads and Street Works Act

Local highway authorities and others carrying out street works also have duties under the New Roads and Street Works Act 1991. For example, they must ensure that:

  • ‘Any part of the street which is broken up or opened, or is obstructed by plant or materials used or deposited in connection with the works, is adequately guarded and lit, and
  • such traffic signs are placed and maintained, and where necessary operated, as are reasonably required for the guidance or direction of persons using the street,
  • having regard, in particular, to the needs of people with a disability.’

Key advice for access groups: If any street works give rise to problems, contact your local highways authority, or whoever is undertaking the works (their name and telephone number should be given on the information board displayed at the site).

 

Highways Act

The Highways Act 1980 also makes provision for the needs of disabled pedestrians as follows:

1.  'A Highway authority, local authority or other person exercising a statutory power to execute works in a road, shall have regard to:
  • the needs of disabled or blind persons whose mobility may be impeded by the works;
  • the needs of blind persons to have any openings, whether temporary or permanent, in the road properly protected.
2.  An authority or person mentioned in sub-section (1) above, shall have regard to the needs of disabled persons and blind persons when placing lamp-posts, bollards, traffic signs, apparatus or other permanent obstructions in the road

3. A highway authority shall have regard to the needs of disabled persons when considering the desirability of providing ramps at appropriate places between carriageways and footways.’

 

Transport Act

The Transport Act 2000 gave local authorities a statutory requirement to produce Local Transport Plans (LTPs). Where it is recognised that the Transport Act 2000 is specific to England only, the principles outlined regarding LTPs are still relevant within Wales.

Within the LTP, there is a new requirement for accessibility strategies, including local targets for accessibility improvements. One of the criteria for assessing LTPs will be the effectiveness of consultation and involvement of stakeholders.