Temporary exemption application under DDA section 55: Tactile Ground Surface Indicators (Queensland Rail) Exemption application

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Temporary exemption application
under DDA section 55: Tactile Ground Surface Indicators (Queensland Rail)

Exemption application

The Human Rights and Equal Opportunity Commission has received an application
from Queensland Rail ("QR") for temporary exemption under section 55 of
the Disability Discrimination Act regarding installation of Tactile Ground
Surface Indicators (TGSIs).

The exemption is requested until the Australian Transport Council completes
its review of the draft Disability Standards for Accessible Public Transport,
scheduled for September 2002. The review involves consultation with industry
and disability sector representatives.

The draft Standards are not yet in force. QR is applying for exemption
from the existing effect of the DDA (section 23 regarding access to premises
and section 24 regarding services including public transport services)
so far as it concerns TGSIs. However, HREOC has previously advised that
the draft Standards generally reflect the existing effect of the DDA.
QR have therefore framed their application to seek exemption from the
provisions of the DDA so far as they have an equivalent effect to parts
18.1, 18.2, and 18.4 of the draft Standards.

These provisions are as follows.

18.1 Location

Tactile ground surface indicators must be installed on an access path
to indicate stairways, ramps, changes of direction, overhead obstructions
below a height of 2000 mm, and hazards within a circulation space or adjacent
to a path of travel (AS1428.2 (1992) Clause 18.1, Tactile ground surface
indicators).

18.2 Style and dimensions

(1) The style and dimensions of tactile ground surface indicators must
comply with AS1428.4 (1992).

(2) The stated dimensions may be reduced where a conveyance design does
not provide the necessary area.

[These two clauses apply to conveyances - buses, ferries, trains, trams,
light rail - rather than premises or infrastructure]

18.4 Instalment at railway stations

Colour contrasted tactile indicators must be installed at the edges of
railway platforms as prescribed by AS1428.4 (1992) Clause 6.7.

Draft disability standards parts 18.3 (regarding bus boarding points)
and 18.5 (regarding wharves) are not covered in this temporary exemption
application.

Australian Standards on TGSIs

Australian Standard 1428.4 (1992) is a technical standard which covers,
amongst other things, the design and installation of tactile ground surface
indicators (TGSI). TGSIs provide clues, which, when combined with other
environmental information, assist people who are blind or who have a vision
impairment with their orientation.

There are two basic types of TGSI.

Warning indicators are designed to provide information about hazards
on a path of travel, for example a set of stairs or a platform edge. Warning
TGSI's consist of a series of bevelled dots or domes at a height of between
4 and 5 millimetres on a strip 600 to 800 mm wide across a path of travel
and set back a specified distance from the hazard.

Directional indicators are designed to provide information about changes
of direction or location points on a path of travel. They may be used,
for example, to assist people to locate the entrance to a building or
a bus stop. Directional indicators consist of raised bevelled strips at
a height of between 4 and 5 millimetres running in the direction of the
path of travel.

AS 1428.4 (1992) specifies that TGSIs should be easily distinguishable
from the surrounding area and requires a luminance-contrast of 30%. The
luminance-contrast is a comparison of the amount of light reflected by
one surface compared to the amount of light reflected by the background
or surrounding surface. Often TGSIs will be a bright yellow or another
colour that contrasts well with the surrounding area. AS 1428.4 (1992)
also specifies that TGSIs should be made of slip resistant materials which
shall not be susceptible to fading or chipping.

Basis for application

QR raises concerns regarding:

Possible hazards for other passengers including people with other
disabilities
Difficulties of measurement of a required 30% luminance contrast

QR indicates that while it wishes to comply as fully as possible with
the draft Standards and with relevant Australian Standards, it is concerned
regarding issues of safety and of value for money in proceeding with TGSI
installation pending clarification of how TGSI are to be applied.

Interested parties should note that QR has indicated that if the draft
Standards enter into force in their present form QR intends to make a
further application for exemption from the Standards pending review of
the TGSI provisions. It is also relevant to note that the TGSI provisions
of Australian Standards are currently under review by Australian Standards.

Call for submissions

In accordance with its policy on exemption applications, the Commission
seeks to give interested parties an opportunity to participate in the
process of considering this application. In addition to assisting with
HREOC's decision, submissions may also assist in the process of reviewing
technical provisions of the draft Accessible Public Transport Standards.

Accordingly, the Commission seeks submissions by 20 December 2001, preferably
by email to disability@humanrights.gov.au
. Submissions may also be addressed by mail to Disability Rights Unit,
Human Rights and Equal Opportunity Commission, GPO Box 5218, Sydney 1042.
Where submissions are made by mail, a copy on disc should be included
if possible.

Possible areas for submissions

The temporary exemption is concerned with two basic types of TGSI to
be used inside conveyances such as buses, trams, ferries, light rail and
trains and on platform edges in railway stations. One type of TGSI aims
to provide information about hazards such as stairs, overhead impediments
with less than 2 meters clearance or the edges of railway station platforms
and the second aims to provide information about the direction of a path
of travel.

Do you support the application from QR that the requirements for
installation of hazard and direction TGSI's, as described in the current
draft Disability Standard should be exempt until the Australian Transport
Council completes its review of the draft Disability Standards for
Accessible Public Transport, scheduled for September 2002?
If you do support the exemption application what evidence or research
are you aware of, or what experience do you have, to support your
views? For example, what hazards do TGSIs present to other passengers
including passengers with other disabilities in public transport settings?
If you do not support the application from QR what evidence or research
are you aware of, or what experience do you have, to support your
views? For example, what value are TGSI's to blind people or people
with a vision impairment when travelling inside a bus, ferry or train?
QR are seeking a temporary exemption from installing TGSI's at railway
platform edges and within conveyances on an access path which indicate
stairways, ramps, changes of direction, overhead obstructions below
a height of 2000 mm, and hazards within a circulation space or adjacent
to a path of travel. Are there some parts of the exemption application
you would support and some parts you would not? If so:
Where are TGSIs needed to warn vision impaired people of hazards
in public transport settings (premises and/or conveyances)?
Where are TGSIs needed or useful to assist vision impaired people
in direction finding in public transport settings (premises and/or
conveyances)?
What are the difficulties associated with measuring luminance-contrast
and what are the possible solutions to those difficulties?

To promote open public discussion and exchange of views, the Commission
intends to make submissions publicly available by posting submissions
made electronically on its Internet site. Requests for material to be
treated as confidential should be clearly indicated. The Commission will
decide further actions on this matter after considering submissions received.
As indicated in its policy on exemptions, further actions may include

making a decision on the basis of consideration of submissions received
holding conferences or public hearings involving interested parties
making a proposed decision available to interested parties for comment
before the Commission makes a final decision.

Graeme Innes

Deputy Disability Discrimination Commissioner

8 November 2001

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