IN CONFIDENCE – FOR COMMITTEE USE ONLY

Written evidence submitted by National Federation of the Blind of the UK (NFBUK)

Specific Concerns on the Safety and Independent Accessibility for Blind, Disabled, Older and Vulnerable People (Including access to public transport) in Greater Manchester Cycling and Walking Bee Network Program 

There are very real concerns over Chris Boardman’s Greater Manchester (GM) Cycle and Walking Network Bee Project and how it is being managed to deliver transformational change to make cycling and walking the natural choice within the Greater Manchester in a manner that will enhance and protect blind, disabled, older and vulnerable disabled peoples independent accessibility on pavements and access to public transport and which is in accordance with the Equality Act 2010. These concerns are based on the following information and evidence:

• Transport for Greater Manchester (TfGM) held the GM Cycling and Walking Network Accessibility Meeting on the 21 August 2018. Chris Boardman as GM Cycling and Walking Commissioner along with the Lead Engineer and Communications Lead for TfGM / Greater Manchester Combined Authority (GCCA) were present, with the following organisations were on the attendees list, RNIB, GM Coalition of Disabled People, Simply Cycling, Manchester University Disabled Staff Network, Wheels for All, 4 representatives from the TfGM Disability Design Reference Group, Professor Anna Lawson University of Leeds, plus 5 representatives from NFBUK. The meeting was called after NFBUK raised concerns on how disabled access was going to be ensured in any new cycling and walking schemes being planned for in Greater Manchester. 

-          Professor Anna Lawson[i] (Legal expert from Women and Equalities Select Committee Inquiry on Disability and the Built Environment[ii]) from the University of Leeds gave a detailed briefing on the requirement of the Equality Act 2010 at the meeting.

-          Specific concerns were raised about the accessibility of bus stop by passes (where cycle lane goes behind the bus stop) and bus stop boarder arrangement (Copenhagen crossings where the cycle lane goes in between the bus stop and the road).

-          A video was shown of problems of cyclists not stopping for blind man next to zebra crossing on the Manchester Oxford Road Cycle Lane Bus Stop By Pass - 27 passed with only 2 stopping in 14 minutes. After which other disabled people spoke up on problems they had experienced in this scheme.

-          At the meeting the attendees were updated on Independent trials in London in 2018 on bus stop bypasses which had zebra crossings installed and which did not arrest cyclist speed or result in cyclists giving way to bus passengers[iii].  

-          Very strong evidence provided to the design team on the specific problems of bus stop boarders / shared space Copenhagen bus stops created for disabled people after short video clips were shown of cyclists not stopping when bus passengers were getting off on a bus boarder. 

-          Advise was given that the Minister for Disabled Persons (Sarah Newton MP) had raised serious safety concerns on the use of bus stop boarders design (The Minster has written to the Secretary of State for Communities and Local Government and the Under Secretary of State for Transport on this problem and on shared space roads[iv]).

-          It was clearly stated that zebra crossing were not a design solution for the schemes being proposed.

-          It was clearly stated that bus stop boarders / shared space Copenhagen bus stops were not an option for disabled and vulnerable people accessing public transport

-          The lead engineer was asked specifically about the Department for Transports pause on shared space (made in response to the recommendations made in the Select Committee for Women and Equality Building for Equality report (HC 631)[v]).  His response was while they had to be cautious over level surface he believed the pause had been quickly retracted.

-          The group was informed that there was a disabled persons design reference group, however it is understood that from another event attended that the group meets at the end of the design process and it is not clear if all disabilities are represented in the group.

-          Chris Boardman realised that designs would need controlled pedestrian crossings. He was visibly and verbally not very happy with what happened at the meeting.

-          People attending the meeting offered cooperation to tackle these issues and independent requests were made from people who attended it to request follow up meetings, which never happened.

• New evidence come to light from the meeting on the 21 August 2018:

Accidents in Denmark at Bus Stop Boarders / Bus Stop By Passes

-          Research in Denmark revealed that bus stop boarders present a particular hazard for all pedestrians and this has been known about since 2007: their introduction led to an increase in cyclist collisions with passengers from 5 to 73[vi].

-          In 2014, an executive with Arriva Denmark carried out a survey of its bus drivers after concerns were raised about passengers getting hit at bus stops and found 40% of drivers had witnessed passengers being hit by cyclists and 88% had witnessed passengers having near misses[vii] [viii].

-          A report in December 2015 stated 12% of people had witnessed near misses and 7% of people had witnessed someone being hit by a cyclist[ix] accessing the bus. Video footage shows cyclists actually riding through passengers getting off the bus.

Accessibility and Safety Concerns For Blind People in Holland Identified

-          A Dutch article[x] (2017) highlights problems blind and visually impaired people face trying to cross the road:

• 76% of people who use a white cane ignored when crossing.
• It is mainly cyclists who ignore the white cane, 89% of road users
• 77% experienced an unpleasant situation because someone ignored white stick when crossing
• In 79% of the cases a vehicle drove past the person with the white cane:

-          39% of the person was insulted

-          30% cases the white cane was out of control or broke

-          13% of the cases someone was actually hit

• Respondents feel unsafe because of what happened and were therefore more insecure / cautious, anxious or tense.

-          Other Dutch articles[xi] [xii] raise safety and accessibility concerns for blind people in Holland. 

-          It is understood disabled people in Holland are not protected by Equality Law in the external built environment, the opposite of that in the UK.

Unsafe, dangerous and frightening conditions in Enfield Cycling Scheme

Evidence of complaints made to the local authority from pedestrians and bus passengers about unsafe and dangerous conditions at the bus stop boarders and cycle lanes and trip accidents with the Orcas have been identified in a recently published FOI[xiii].  This builds on from existing evidence on how frightening and dangerous bus stop boarders / shared space Copenhagen bus stops are for bus passengers, with two examples given below:

-          Green Dragon Lane bus stop towards Palmers Green. Approximately midday on Thursday 7 December, a woman was trying to board a bus, but was knocked down by a cyclist who just rode off leaving her lying there badly shaken and bleeding. Not the only incident I have seen. 

-          “I recently had a bad experience getting off the bus. I move very slowly since my stroke. As I was getting off the bus a cyclist came by at speed, nearly hitting me. As I tried to pull myself back towards the bus to avoid the cyclist, the bus door was shutting on my arm as I was still holding the rail.  Fortunately, the bus driver realised what was happening and opened the door. The cyclist very nearly hit me. He was wearing headphones – I shouted ‘You’re going to kill someone’ but he didn’t even look back at me, let alone say sorry. I am not sure if he even heard me.”  Six days after this, the gentleman had another incident: “The same thing happened to me again on the 27 May, with a cyclist speeding by, and my arm getting trapped in the bus door as I tried to keep myself steady, and pull myself out of the cyclist's way. These incidents were very frightening and have made me very nervous when using bus boarders with cycle lanes.”

Legal Action in Canada over Bus Stop By Passes

Legal action being taken by the National Federation of the Blind of Canada on the use of bus stop by passes due to the inaccessibility of these designs for blind and partially sighted people[xiv] [xv]. 

Trials of Controlled Crossing Pedestrian Crossing Oxford Road Failed

It is also understood from one of the Manchester Cycling Officers that controlled pedestrian green man crossings have been trialled on the Manchester Oxford Road Cycle Lane and cyclists were observed not stopping for the red light.

This new evidence leads us to recommend a halt to both types of bus stop designs in cycle lanes and for a new design to used to safeguard the safety and independent accessibility of blind, disabled and vulnerable passengers on and off public transport and ensures that cyclists and pedestrians are not brought into conflict with each other.

• Bee A Champion Training Course Approved by Chris Boardman November 2018

-          Information on shared space provided with no mention of existing Government pause to level surfaces due to discriminatory nature of design to blind, disabled and vulnerable pedestrians, made in response to recommendations made in the WEC Building for Equality report (HC 631).

-          No specific section on design requirements for blind, disabled or vulnerable pedestrians to ensure independent accessibility to the pavement or to public transport or clear explanation on Equality Act 2010.

• GM Cycling and Walking Bee Scheme Designs for schemes for public consultation since 21 August 2019

It is clear that schemes being proposed by Greater Manchester Authorities have undergone no meaningful equality assessments or could have been approved by people representing disabled or vulnerable people.  Examples of this include the following:

GM Manchester to Chorlton Cycling Walking Scheme

Following concerns raised in an emergency meeting called by NFBUK in Manchester on the 25 January 2019 on the scheme, the NFBUK undertook detailed assessment of the GM Manchester to Chorlton Cycling Walking Scheme, which is for a 5.2Km of cycle way construction to cost £13.4m as part of the consultation and have assessed it would deliver: 

-          33 dangerously inaccessible bus stops contrary to Section 21 of the Equality Act 2010

-          330M run of pavements where footways are to be shared at level with cyclists, contrary to the July 2018 pause and withdrawal of shared space policy guidance;

-          54 new side street crossings difficult for disabled people to use, where new dropped kerbs are to be designed on the curve

-          At least 37 street crossings, which will be effectively unusable by blind, disabled and vulnerable people. These unprotected crossings include situations where new cycle paths are to pass in front of puffin, pelican and toucan crossings, and where refuge or plateau crossings along the route are not to be updated with signal crossings, after more cyclists come to use the Manchester to Chorlton corridor.  

-          This scheme has been rejected by NFBUK, as it cannot meet the requirements under the Equality Act 2010.

Rochdale Cycling Walking Scheme

The design, which was featured in the local press on 16 December 2019[xvi], clearly shows the pedestrian has to stand in the cycle lane to activate the green man pedestrian crossing. This design puts two vulnerable users, the cyclist and the pedestrian in the same space. This design is inherently unsafe and not accessible and it is understood that designs like this have had to be changed in North East of the country due to the same problem. The design should not have made the design stage or put into the public domain.

Conclusion

New designs should accommodate the full range of people with disabilities: designs are otherwise categorised as unlawful under Section 21 of the Equality Act 2010 by excluding disabled people from use of streets, crossings and public spaces or by putting disabled people at an actual disadvantage in comparison to people who are not disabled. It is clear that the designs coming from the GM Cycling and Walking Bee project do not meet this and that they do not have the expertise required in the access needs of disabled people. It is also clear that these schemes will negatively impact older and vulnerable pedestrians accessing pavements and public transport.  Urgent action is required to re-design the schemes to re-address this issue please so pedestrians and cyclists can benefit from this investment.

Evidence received on accessibility concerns raised on the GM Cycling and Walking Network Accessibility Meeting gives rise to many questions, which are given in Appendix A.

March 2018
Appendix A Questions

1. An internationally recognised Professor of Equality Law, Professor Anna Lawson from the University of Leeds briefed the Cycling and Walking Commissioner for the Greater Manchester (GM) Bee project and 2 members of his team on the Equality Act 2010 at the GM Cycling and Walking Network Accessibility Meeting on 21 August 2018. What did the Commissioner and his team take away from this briefing? 

2. At the meeting on 21 August 2018 a video was shown which demonstrated cyclists not stopping when passengers were getting off a Bus Stop Boarder / shared space Copenhagen style crossing.  Can the Cycling and Walking Commissioner for the Greater Manchester Bee project remember how disabled people reacted to this video and the discussion that followed about this design?

3. Why after the evidence and concerns raised concerning the impracticability of bus stop islands and Bus Stop Boarders / shared space Copenhagen style crossings ignored in the meeting on the 21 August 2018?

4. Why has the evidence on the un-safe conditions for bus passengers accessing buses with bus stop by passes / shared space Copenhagen in cycle lanes not been discussed within this project?

5. Are the GM Cycling and Walking Team aware of the problems blind and visually impaired people face in crossing the road in Holland?

6. What action was taken on witnessing the video of the blind man at the zebra crossing on Oxford Road Cycle Lane bus stop by pass and the subsequent discussion on problems being experienced using the scheme, at the stakeholder meeting on 21st August 2018?

7. Why has the Bee A Champion Training Course not addressed the independent accessibility needs of blind, disabled and vulnerable people?

8. Why has the Bee A Champion Training Course, included details of shared space road design, when the Government has recommended a pause in level surface in England and withdrawn the Local Transport Note 1/11[xvii] following recommendations made in the Select Committee for WEC Building for Equality report (HC 631) [xviii]?

9. Why was there no further meeting called of the stakeholders who attended the GM Cycling and Walking Network Accessibility Meeting on 21 August 2018, despite the fact that people had been in contact with the GM team asking for follow up meeting? Or after further concerns raised about these issues at the inaugural meeting of the GM Walking and Cycle Group on the 4 December 2018?

10. How can it be explained that so much time and effort has been undertaken in producing designs and undertaking consultations that would simply never meet the independent access needs of blind, disabled and vulnerable people?

11. Why was Leicester New Walk photograph used to promote the Bee Project in Greater Manchester launch[xix], with photos of pedestrians and cyclist being shown in the same space, when in fact this is a pedestrian only zone and has been for over 200 years? No cycling signs[xx] have recently been put down, due to concerns for pedestrian safety. 

End Notes