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TfL wheelchair priority

BuhSnarf

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Perhaps not. But if it is possible, then they should do so. Reasonable adjustments only need to be made for those who cannot do the default, they are not and should not be offered to all.

The problem is that people refuse to move or are rude about it. If there are no tip up seats the argument can't ensue. It makes disabled peoples' life easier and it makes the driver's life easier. It's only three seats, rarely will the bus be at exactly the level of capacity where they are necessary but where it wouldn't be better as standing space.
Do they really though? I have never seen any wheelchair user be told they can't get on a bus / train by anyone (with the exception of the social media clips.)

Maybe it would be best to have a wheelchair user who has actual experience to advise on how big of a problem this is, as everything that everyone here is saying is just anecdotal. I have a wheelchair bus user who I'm communicating with in relation to this issue so let me ask him.
 
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Bletchleyite

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Do they really though? I have never seen any wheelchair user be told they can't get on a bus / train by anyone (with the exception of the social media clips.)

Yes, they do.

Maybe it would be best to have a wheelchair user who has actual experience to advise on how big of a problem this is, as everything that everyone here is saying is just anecdotal. I have a wheelchair bus user who I'm communicating with in relation to this issue so let me ask him.

I'd suggest reviewing Doug Paulley's videos to see just how badly wheelchair users are treated across the UK's transport network. While he is to some extent an "auditor", he wouldn't have anything to "audit" were things done correctly, so I'm fully in support of his campaigning.
 

styles

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Do they really though? I have never seen any wheelchair user be told they can't get on a bus / train by anyone
Not saying I agree with removing flip-up seats, but you've answered your own question here:
with the exception of the social media clips
Some disabled passengers have resorted to recording and publishing clips of people not moving out of wheelchair spaces for them, and other accessibility problems, because they're just getting ignored otherwise. If a wheelchair user in the scenario described in post #1 complained to TfL, they'd likely be told well we can't force people to move, missing the nuance that Paulley v FirstGroup ruled that the driver does have to urge the passengers occupying the space to move, even if they ultimately can't force them, and in this example, it sounds like the driver simply did nothing.
 

BuhSnarf

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I've watched some of Doug's videos before and agree that the treatment is terrible but on the whole this appears to be driver / company issues from what I've seen rather than the public not being accommodating but then I will admit that I've not watched many of them as I find his personality quite grating and entitled and sometimes the way he comes across I don't think helps - but then maybe that's the kind of personality you need as a campaigner.

Urgh, auditors... people that have way too much time on their hands, there's probably a reason so many of them are middled aged white men :D

Not saying I agree with removing flip-up seats, but you've answered your own question here:

Some disabled passengers have resorted to recording and publishing clips of people not moving out of wheelchair spaces for them, and other accessibility problems, because they're just getting ignored otherwise. If a wheelchair user in the scenario described in post #1 complained to TfL, they'd likely be told well we can't force people to move, missing the nuance that Paulley v FirstGroup ruled that the driver does have to urge the passengers occupying the space to move, even if they ultimately can't force them, and in this example, it sounds like the driver simply did nothing.
I agree it happens (as I said, we see the social media clips) but does it happen to the frequency that some are making out on this forum. Again, maybe we need a wheelchaired user to give their own experience.

I've found that the contentious situations where people flat out refuse tend to be the minority and most people are actually quite accommodating when asked nicely (as with most things in life.)
 

styles

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I agree it happens (as I said, we see the social media clips) but does it happen to the frequency that some are making out on this forum. Again, maybe we need a wheelchaired user to give their own experience.
Not a wheelchair user myself but the weekend just gone I was helping one travel to us. They didn't have an issue with people moving out of the space, but did have a bit of an argument with someone who put two suitcases behind their wheelchair. They eventually moved them, but it's frustrating having people argue back when you politely ask them to move, let alone them refusing to move. And this is one of maybe half a dozen train journey this wheelchair user has made in the past year. So at least for them, it's happened on a high proportion of journeys.

On the whole, I do find train staff to be a lot better at confronting people who don't automatically move out of the spaces, but then non-commuter trains that we take are a different ballgame to a packed central London bus.
I've found that the contentious situations where people flat out refuse tend to be the minority and most people are actually quite accommodating when asked nicely (as with most things in life.)
They may be a minority, but there's enough difficulty travelling on public transport as a wheelchair user that it can really grind you down and upset or frustrate you. And if there's space available, it's just wholly unacceptable and ableist to not move to let them on.
 

BuhSnarf

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They may be a minority, but there's enough difficulty travelling on public transport as a wheelchair user that it can really grind you down and upset or frustrate you. And if there's space available, it's just wholly unacceptable and ableist to not move to let them on.
Oh, I agree, we should be doing everything to help those who struggle as much as possible and if there is space there is no excuse. I just think some of the suggestions in this topic such as kicking off those with a buggy or removing tip up seats just in case are a little OTT solutions to a problem that can easily be sorted by having a human to human interaction, either between the two passengers or if needs be with the driver & passengers.
 

styles

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Oh, I agree, we should be doing everything to help those who struggle as much as possible and if there is space there is no excuse. I just think some of the suggestions in this topic such as kicking off those with a buggy or removing tip up seats just in case are a little OTT solutions to a problem that can easily be sorted by having a human to human interaction, either between the two passengers or if needs be with the driver & passengers.
I agree, it's about making reasonable adjustments, not adjustments at all costs. If a bus is full, it's full, whether it's a wheelchair user or a standing passenger wanting to board. I don't have a strong opinion on flip-up seats but I can't imagine it would make much difference either way.
 

SalopBuses

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Nope. Just no. There are so many practical issues with this that it's hard to know where to begin. Not least that the driver would be put in an incredibly difficult position of trying to throw a passenger off the bus. No driver is going to want to do that, and frankly the risk to the driver is itself enough of a reason not to do it. There's a reason TfL drivers are told to stay in cabs. Then there's the fact a refund would need to be issued. And who is anyone to say anyone else is more worthy of being on the bus than someone else. You don't know the person you're turfing off. They may have a hidden disability.

No. It should never happen. It will never happen.
Nobody has to get off, just make room, for pram and buggy users they need to fold them, no having to leave the bus.
Now on TfL they should definitely be using the pre recorded announcements and if I could would also introduce a new one saying that the bus will not be moving until the area is vacated, the current announcements just ask if people can make space.
 

35B

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Nobody has to get off, just make room, for pram and buggy users they need to fold them, no having to leave the bus.
Now on TfL they should definitely be using the pre recorded announcements and if I could would also introduce a new one saying that the bus will not be moving until the area is vacated, the current announcements just ask if people can make space.
The current announcements which of course reflect the legal requirement, which does not require the driver to compel people to leave the seats. In the real world we inhabit, some pram and buggy users either can't or won't fold them, and the law limits the duty of operators to compel occupiers to move.

That then brings in the issues flagged by @mangad.

And, yes, it is an unsatisfactory compromise which reflects the messy real world we live in
 

londonteacher

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Ultimately isn’t equality about everyone having the right to travel?

Not sure what the solution is. In London it’s not so bad to have to wait for the next bus when at most you are waiting 30 minutes for a bus (there are some routes that are exceptions) but in other parts of the country this is not the case. If the service is twice a day, what would the correct outcome here be?

What happens about, stereotypically, the older generation with their shopping trollies? They often take up two spaces, or the wheelchair spaces with their trolley. But, they are important for people who have lower mobility to be able to do their shopping independently.

Unfortunately, I don’t ever see this ever being resolved with a solution that is entirely acceptable to all.
 

yorkie

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Many clips have been going viral recently of TFL drivers refusing access to wheelchair users simply due to buggies and prams being in the legally designated wheelchair space....
The problem for drivers is that if other passengers refuse to make space in the wheelchair bay there isn’t really much they can do...
@Mark L my reading of the original post may differ from yours; I read it that drivers weren't asking for the buggies and prams to be removed. Drivers should be issuing the appropriate instructions to passengers with buggies/prams. Not being able to physically enforce the rules (or law) isn't a valid reason for not issuing an instruction for passengers to comply.
 

sprunt

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It's all very well saying that wheelchair users should be happy to wait for the next bus, but how do they know that the next bus won't have a selfish buggy user who refuses to yield the wheelchair space, or even an unselfish buggy user who would happily yield the space but a driver who is unwilling to do their job and ask them to?

And wheelchair users who wish to use the wheelchair space on the bus do not have an entitled personality, they have an entitlement to use the space. There's some of the most ignorant rubbish I've ever seen in this thread.
 

styles

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It's all very well saying that wheelchair users should be happy to wait for the next bus, but how do they know that the next bus won't have a selfish buggy user who refuses to yield the wheelchair space, or even an unselfish buggy user who would happily yield the space but a driver who is unwilling to do their job and ask them to?

And wheelchair users who wish to use the wheelchair space on the bus do not have an entitled personality, they have an entitlement to use the space. There's some of the most ignorant rubbish I've ever seen in this thread.
Unfortunately however, it is the law. Drivers need to try and persuade people to vacate wheelchair spaces when they're needed by wheelchair users but the Supreme Court stopped short of saying drivers should evict people from the spaces if they refuse to move. As you can expect, bus operators are reluctant to empower their drivers to force people to move out of the spaces, though the operators could introduce that policy if they wanted to.
 

sprunt

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Unfortunately however, it is the law. Drivers need to try and persuade people to vacate wheelchair spaces when they're needed by wheelchair users but the Supreme Court stopped short of saying drivers should evict people from the spaces if they refuse to move. As you can expect, bus operators are reluctant to empower their drivers to force people to move out of the spaces, though the operators could introduce that policy if they wanted to.
The rules say that the driver should request the person currently in the wheelchair space to vacate it, and I've seen occasions when they have simply refused to allow a wheelchair user to board without even doing that.
 

styles

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The rules say that the driver should request the person currently in the wheelchair space to vacate it, and I've seen occasions when they have simply refused to allow a wheelchair user to board without even doing that.
Correct, and they need reporting so they can receive some training.
 

Edsmith

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It's all very well saying that wheelchair users should be happy to wait for the next bus, but how do they know that the next bus won't have a selfish buggy user who refuses to yield the wheelchair space, or even an unselfish buggy user who would happily yield the space but a driver who is unwilling to do their job and ask them to?

And wheelchair users who wish to use the wheelchair space on the bus do not have an entitled personality, they have an entitlement to use the space. There's some of the most ignorant rubbish I've ever seen in this thread.
Why is a buggy user selfish? How dare they use a bus for it's intended purpose?

It's first come first served, it's not perfect but nobody has an entitlement to use the space and there's a degree of irony in your last sentence.

Moderator note: the above is not the legal position; see replies below
 
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Tetchytyke

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The rules say that the driver should request the person currently in the wheelchair space to vacate it, and I've seen occasions when they have simply refused to allow a wheelchair user to board without even doing that.
It’s fairly common for drivers to do that.

Most people are actually quite reasonable and they will try and move up to accommodate a chair. But it takes a bit of time whilst everyone sorts themselves out.

Drivers can’t be chewed with all that waiting and they simply refuse to put the ramp down if there’s a buggy on board.

The issue is worse on London buses because there’s only one chair/buggy bay. It tends to be better with one-door buses, especially now certain operators (yes, you, First) have stopped specifying fixed seats in what would be the second chair/buggy bay.

== Doublepost prevention - post automatically merged: ==

Maybe it would be best to have a wheelchair user who has actual experience to advise on how big of a problem this is, as everything that everyone here is saying is just anecdotal.
It’s a problem. Some drivers don’t even stop if they see a chair waiting, just a vague wave that the bus is full. Or if they have to stop, you get the story that the ramp is broken. Both were always a Stagecoach Newcastle speciality and zero stuffs were given by management.
 

Edsmith

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It’s fairly common for drivers to do that.

Most people are actually quite reasonable and they will try and move up to accommodate a chair. But it takes a bit of time whilst everyone sorts themselves out.

Drivers can’t be chewed with all that waiting and they simply refuse to put the ramp down if there’s a buggy on board.

The issue is worse on London buses because there’s only one chair/buggy bay. It tends to be better with one-door buses, especially now certain operators (yes, you, First) have stopped specifying fixed seats in what would be the second chair/buggy bay.

== Doublepost prevention - post automatically merged: ==


It’s a problem. Some drivers don’t even stop if they see a chair waiting, just a vague wave that the bus is full. Or if they have to stop, you get the story that the ramp is broken. Both were always a Stagecoach Newcastle speciality and zero stuffs were given by management.
I agree that most people are quite reasonable and in most cases something can be worked out but if it can't be then there's nothing the driver can do. I also agree that single door buses give a far more satisfactory lower deck layout.
 

mayneway

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I’ve seen a lot of the clips - I will say hey all seem to be from the same complainant.
What I will say is that while it must be very frustrating, she’s effectively pushing for the drivers to simply ask the pram/buggy users to move or fold, if they don’t she’s happy to wait for the next bus.
What always strikes me when watching these videos is that in no say cases the pram/buggy users see and hear what’s going on and really shouldn’t need to be asked by the driver, if they were going to fold or move, they would do so anyway.

It’s a minefield.
 

SalopBuses

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I’ve seen a lot of the clips - I will say hey all seem to be from the same complainant.
What I will say is that while it must be very frustrating, she’s effectively pushing for the drivers to simply ask the pram/buggy users to move or fold, if they don’t she’s happy to wait for the next bus.
What always strikes me when watching these videos is that in no say cases the pram/buggy users see and hear what’s going on and really shouldn’t need to be asked by the driver, if they were going to fold or move, they would do so anyway.

It’s a minefield.
I've seen comments on these videos from parents who say they don't care and wouldn't move regardless, some parents even take double prams on buses which is ridiculous!

== Doublepost prevention - post automatically merged: ==

Why is a buggy user selfish? How dare they use a bus for it's intended purpose?

It's first come first served, it's not perfect but nobody has an entitlement to use the space and there's a degree of irony in your last sentence.
By law the buggy user must vacate the space, it is not first come first serve.
If buggy users would like a space then they can protest for it like wheelchair users did.
 

Goldfish62

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Why is a buggy user selfish? How dare they use a bus for it's intended purpose?

It's first come first served, it's not perfect but nobody has an entitlement to use the space and there's a degree of irony in your last sentence.
No it's not! Backed by the law wheelchairs always take priority over buggies. You don't have to agree with it, but that's the legal position.
 

Edsmith

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No it's not! Backed by the law wheelchairs always take priority over buggies. You don't have to agree with it, but that's the legal position.
I'm not necessarily agreeing or disagreeing but it is what is it. If somebody with a buggy is unable or unwilling to move from the space then that's it, nothing more can be done.

Of course the person pushing the buggy, or indeed the child in the buggy, might be disabled which just clouds the issue even more.

Reality is that it's first come first served and nobody has priority.
 

richard13

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This is about people and circumstances and therefore complex and unknown in detail to us.
Bus drivers are not law enforcement officers and towards the end of a challenging shift may be less motivated to be forceful.

In my local area we have a high proportion of pensioners. The problem on our buses is not wheelchairs, but the elderly with full shopping trolleys or walking with 2 sticks or a frame. They use the tip up seats all the time and are less mobile than most wheelchair users. More than 4 shopping trolleys onboard can be challenging.

I knew a young mum with a disabled 4 year old and she had a large pushchair for him. This created false assumptions. She then tried tying her car's blue badge to the pushchair. There was immediate recognition of the situation. She discovered very quickly that all the local bus drivers knew of her and were very helpful. At the same time we had a women in town using a powered wheelchair because she was ill. She was angry with her uncomfortable life with the unfortunate consequence that she shout abuse at everyone. So instead of people being helpful, they avoided her if possible.

I have never seen the videos mentioned. They are apparently publicly criticizing bus drivers and bus companies. If it is all one person in one local area, then all the local drivers will know who it is and they may unfortunately choose to be unhelpful when they recognize that wheelchair. It is no longer a typical situation, but abuse being returned.
 

jb66

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I'm not necessarily agreeing or disagreeing but it is what is it. If somebody with a buggy is unable or unwilling to move from the space then that's it, nothing more can be done.

Of course the person pushing the buggy, or indeed the child in the buggy, might be disabled which just clouds the issue even more.

Reality is that it's first come first served and nobody has priority.

The bus can refuse to move until the buggy is folded or the buggy user gets off. Rewarding selfish behaviour just encourages it
 

mayneway

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No it's not! Backed by the law wheelchairs always take priority over buggies. You don't have to agree with it, but that's the legal position.
It’s not the law though is it? At the moment all we know is that buggy users occupying the wheel chair space are supposed to be asked TWICE by the driver if they can fold or vacate the wheelchair bay. They don’t have to and can legally decline.

What I will say as a driver is in some instances when I’ve been driving, buggy users have moved out of the wheel chair bay and then think it’s acceptable to leave buggy’s and prams in the isle which then becomes a safety issue.

== Doublepost prevention - post automatically merged: ==

The bus can refuse to move until the buggy is folded or the buggy user gets off. Rewarding selfish behaviour just encourages it
Not true.
I’m a driver and I’ve been on disability training courses. We are told to ‘ask’ not demand if it would be possible to fold and make space for a wheel chair. The request is to be made twice, the buggy user IS within their right to decline and at that point we notify control who will either inform the wheelchair user how far off the next bus is and or offer to arrange a taxi. We cannot demand the space is cleared!

== Doublepost prevention - post automatically merged: ==

I've seen comments on these videos from parents who say they don't care and wouldn't move regardless, some parents even take double prams on buses which is ridiculous!
I’ve seen it from both sides. I’ve had buggy and Pram users refuse to fold or make room for a wheelchair, but I’ve also had a wheelchair user who’s refused to make space for a buggy.

I’ve seen arguments between wheel chair users over which of them has the space on the bus, and don’t get me started on elderly folk with shopping trolleys and the rolling walking aides.
 
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styles

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By law the buggy user must vacate the space, it is not first come first serve.
If buggy users would like a space then they can protest for it like wheelchair users did.
No it's not! Backed by the law wheelchairs always take priority over buggies. You don't have to agree with it, but that's the legal position.
It is actually not the law, unfortunately.

Doug Paulley, a wheelchair user who does a lot of campaigning about making public transport accessible, took his fight against FirstGroup all the way to the Supreme Court. The outcome was effectively that drivers/staff are obligated to go beyond a mere simple request for people to vacate the wheelchair space, but the judgement stopped short of saying that people must then actually vacate the space. It was a step in the right direction, but not a good enough outcome in my view.

If the government wants to make public transport accessible, it needs to pass legislation to get such rules on the statute books. To date, they have not done so.

The Supreme Court said:
The Supreme Court unanimously allows Mr Paulley’s appeal, albeit only to a limited extent.
Lord Neuberger gives the lead judgment (with which Lord Reed agrees) allowing the appeal but only
to the extent that FirstGroup’s policy requiring a driver to simply request a non-wheelchair user to
vacate the space without taking any further steps was unjustified. Where a driver who has made such a
request concludes that a refusal is unreasonable, he or she should consider some further step to
pressurise the non-wheelchair user to vacate the space, depending on the circumstances.

...

The Recorder’s judgment effectively required a policy that could lead to a non-wheelchair user being
ordered off the bus [40-45]. The Court of Appeal was right to reject this. An absolute rule that any
non-wheelchair user must vacate the space would be unreasonable: there are many circumstances in
which it could be unreasonable to expect a non-wheelchair user to vacate a space, and even more, to
get off the bus, even where the space is needed by a wheelchair user [46-48]. Even a qualified rule (i.e.
that any non-wheelchair user must vacate if it is reasonable) implemented through mandatory
enforcement would be likely to lead to confrontation with other passengers (not least where the non-
wheelchair user vacating the space affected other travellers) and delay [50-51]. Passengers are not
clearly subject to a statutory obligation to comply with a policy relating to the use of the space, and
would not appear to be under such an obligation to get off the bus if they fail to do so [52].
 

jb66

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The bus company can make it policy that if the buggy isn't folded, or the person refuses to get off the bus and accept a onward travel ticket the bus is so sit stationary until the passenger complies. It shouldn't be up to the driver to decide which persons rights to violate.
 

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