North West Bus Service Changes due to Coronavirus outbreak

[KXW212]

RE: North West Bus Service Changes due to Coronavirus outbreak

(28/11/2021 21:47)313201 Wrote:  I wonder if people who like me are exempt from wearing coverings for medical reasons will end uo being forced to wear them or be completely denied travel.

The 'mandatory' wearing of face coverings starts on Tuesday 30 Nov. As for exemptions, the 2010 Equalities Act means nobody has to prove they are exempt, your word is good enough, and should be accepted. However, if it it enshrined in terms & conditions of the appropriate authority/operator, they seem to believe you can be denied travel. This has yet to be tested in court. It's a shambolic situation and helps neither those who experience difficulty, or staff, who are potentially put in a confrontational situation.

[Mayneway]

RE: North West Bus Service Changes due to Coronavirus outbreak

(29/11/2021 10:46)KXW212 Wrote:  The 'mandatory' wearing of face coverings starts on Tuesday 30 Nov. As for exemptions, the 2010 Equalities Act means nobody has to prove they are exempt, your word is good enough, and should be accepted. However, if it it enshrined in terms & conditions of the appropriate authority/operator, they seem to believe you can be denied travel. This has yet to be tested in court. It's a shambolic situation and helps neither those who experience difficulty, or staff, who are potentially put in a confrontational situation.

Mandatory but nobody has to prove it sums things up Perfectly. It’s a crazy scenario.

[NathanR]

RE: North West Bus Service Changes due to Coronavirus outbreak
Arriva have now announced that as of 4AM tomorrow morning that face coverings must be worn on board (unless exempt), the only thing that caught me out was that they have said that the driver cannot enforce the wearing of face coverings? Does that mean they cannot force people who have a mask to wear one whilst travelling?

[KXW212]

RE: North West Bus Service Changes due to Coronavirus outbreak

(29/11/2021 14:10)NathanR Wrote:  Arriva have now announced that as of 4AM tomorrow morning that face coverings must be worn on board (unless exempt), the only thing that caught me out was that they have said that the driver cannot enforce the wearing of face coverings? Does that mean they cannot force people who have a mask to wear one whilst travelling?

That is a correct statement by Arriva. A bus driver, drives a bus.
If government wish to 'enforce' anything then they have to provide the resource to do it.
I will certainly not be engaging with any passenger on the matter.

[knutstransport]

RE: North West Bus Service Changes due to Coronavirus outbreak

(29/11/2021 10:46)KXW212 Wrote:  The 'mandatory' wearing of face coverings starts on Tuesday 30 Nov. As for exemptions, the 2010 Equalities Act means nobody has to prove they are exempt, your word is good enough, and should be accepted. However, if it it enshrined in terms & conditions of the appropriate authority/operator, they seem to believe you can be denied travel. This has yet to be tested in court. It's a shambolic situation and helps neither those who experience difficulty, or staff, who are potentially put in a confrontational situation.

The Equalities Act requires reasonable adjustments to be made for people with disabilities including long term medical conditions which has a significant impact on their daily activities.

I'm interested to know why you're under the impression the act says no-one has to prove their exempt for reasonable adjustments to be made. You certainly can't get park in a disabled parking space unless you hold a blue badge and to get that you have to prove to someone you are disabled. Neither can you get a free disabled bus ticket without showing a valid disabled pass. I appreciate the NHS are not issuing cards for face mask exemptions, so in most cases genuinely exempt people can't prove they are exempt and you just have to take their word for it.

If someone claimed they had a medical condition preventing them wearing a mask, when they didn't, I'm sure they could legally be denied boarding to a bus/entry to a shop. I think it's just unfortunate there's so many people who won't do what's common sense, meaning it has to be written in to law.

[313201]

RE: North West Bus Service Changes due to Coronavirus outbreak
Well I myself have had to use the sunflower exemption card on a bus for the last 3 years after I had a stay in arrowe park hospital with pneumonia to which I very nearly lost my life.

I also have aspergers and adhd and feel like I am being suffocated by coverings.

Since then my breathing has not been very good, I did make 2 coverings out of an old t-shirt but wearing them played absolute havoc with my breathing and as a result I decided to seek advice from my gp who advised me to get an exemption card which I did.

I also made contact with arriva customer services to advise thdm of my situation and they were very helpful and advised me to wear the sunflower card attached to my zip on my coat at a height where the drivers will see it.

[Mrboo]

RE: North West Bus Service Changes due to Coronavirus outbreak
The only people you have to prove you have exemption are law enforcement ( Tfl ticket enforcement are allowed also) and others would be put in a position as they are the ones who could be reported for breaking The Equalities Act not just who you work for as if someone does have an exemption and you say they don't have exemption you're the one in the wrong. Re disabled bus passes or disabled parking there no legal right to them for every disabled person. And you don't need blue badge on private car parks / roads if someone says they need the space you can`t say no in the event they do prove it in court.

In London Anyone in a Wheelchair travels free and yes you could just use one for free travel but I cant see anyone trying that one.

[Mayneway]

RE: North West Bus Service Changes due to Coronavirus outbreak
Just to clarify after speaking to a manager at work. Apparently bus operators, and presumably train/tram operators have continually asked the government for more clarification regarding face masks and they have never got anything back. Basically while it’s mandatory to wear face masks in shops and on public transport there’s actually no ‘power of enforcement’ it’s effectively down to operators/shop owners to do their own thing.
The police have said they won’t be enforcing it because it’s such a grey area.
I’ve noticed more people wearing face masks today on my bus but a lot of people seem to be of the opinion we just have to get on with things.

[knutstransport]

RE: North West Bus Service Changes due to Coronavirus outbreak

(29/11/2021 21:08)Mrboo Wrote:  Re disabled bus passes or disabled parking there no legal right to them for every disabled person. And you don't need blue badge on private car parks / roads if someone says they need the space you can`t say no in the event they do prove it in court.

There is a legal exemption for blue badge holders parking on double yellow lines opposed to only being allowed to do so if you have broken down/are dropping someone off/making a delivery.

Disabled parking spaces are the 'reasonable adjustment' many disabled people need. Extra space to get in and out of a vehicle and usually closer to the shops/building entrance.

[KXW212]

RE: North West Bus Service Changes due to Coronavirus outbreak

(29/11/2021 15:33)knutstransport Wrote:  The Equalities Act requires reasonable adjustments to be made for people with disabilities including long term medical conditions which has a significant impact on their daily activities.

I'm interested to know why you're under the impression the act says no-one has to prove their exempt for reasonable adjustments to be made. You certainly can't get park in a disabled parking space unless you hold a blue badge and to get that you have to prove to someone you are disabled. Neither can you get a free disabled bus ticket without showing a valid disabled pass. I appreciate the NHS are not issuing cards for face mask exemptions, so in most cases genuinely exempt people can't prove they are exempt and you just have to take their word for it.

If someone claimed they had a medical condition preventing them wearing a mask, when they didn't, I'm sure they could legally be denied boarding to a bus/entry to a shop. I think it's just unfortunate there's so many people who won't do what's common sense, meaning it has to be written in to law.

You've answered your own question. It isn't written in law.