Comment from the Royal New Zealand Foundation of the Blind on Land Transport Rule: Operator Licensing (Rule 81001)

The Royal New Zealand Foundation of the Blind (the Foundation) is a disability support service constituted under the Royal New Zealand Foundation of the Blind Act 2002. It is the primary provider of habilitation and rehabilitation services to over 11,500 blind, vision-impaired and deafblind New Zealanders.

Our vision is that blind and vision-impaired people have the same opportunities and choices as other citizens to participate fully in society. Our mission is to remove the barriers faced by blind or vision-impaired individuals and to promote their participation in all aspects of life. Services we provide include specialist assessments, orientation and mobility training for adults and children, communication and adaptive technology instruction, guide dog services, talking book and braille library services, instruction in the techniques of daily living, and vocational services. We operate services specific to the needs of Māori and of Pacific communities. We also provide advice and training on access and disability issues.

The Operator Licensing Rule (81001)

The content of the Operator Licensing Rule (81001) is of significant importance to blind, deafblind and vision-impaired New Zealanders who are reliant on public transport options to attend work and go about their everyday business.  The Foundation, as a charitable organisation, is also affected by the rule. 

Many blind, deafblind and vision-impaired people rely on Taxis.  We commend the intention to display information in Braille as outlined in Proposal 13 and in new section 30B.  We acknowledge that there is a cost to the industry associated with Braille labelling but note that other labelling is also required and the Braille format is simply a means of making the information accessible to blind, deafblind and vision-impaired people.  However, we feel somewhat concerned that financial arguments may be used to undermine access to information available by law to other New Zealanders.  We wish to reinforce the importance of Braille labelling in Taxis to many of our members and trust that the Authority will not be swayed unduly by financial arguments over fundamental human rights.

We would also like to propose that consideration be given to other systems such as audible information, such as is used in buses and trains regarding destination announcements, although we note that this would not serve the deafblind community.  An audio system is usually available in Taxis and recorded information would be another means by which to convey general information, such as the driver’s name.  If such an approach was taken, a system would need to be devised so that driver’s could not turn the sound off and to ensure the information accurately linked with the actual driver. 

The Foundation considers that the requirements around spoken English need to be strengthened.  Blind and vision-impaired people are reliant on oral and aural communication with drivers.  If drivers have a limited ability to speak English communication is severely hampered.  While we acknowledge that the Authority has strengthened the English component of the AKC test, the ‘on-the-road’ experience of several of our members is that driver’s English skills make communication difficult.  Unlike other people, blind and vision-impaired people can not ‘over-ride’ such difficulties by using hand signals, like pointing to the place they wish to be delivered to, or showing a driver a map.  Hence, more than other New Zealanders, blind and vision-impaired people rely on being able to be understood through spoken language.

Section 4.13(8) notes that drivers can be required to undertake an English test or complete an appropriate course as approved by the Director but how will the decision regarding whether the driver is able to communicate effectively in English be made?  Possible avenues may include customer complaints received by LTNZ, or LTNZ or audit of drivers to determine their understanding of English.  As written, the requirement appears subjective and Section 4.13(8) does not provide specific details regarding who, or how, this rule will be implemented or enforced.

The Foundation recommends that an independent testing system be required for all drivers where English is a second language.  It is suggested that this be based on the International English Language Testing System (IELTS), which is an international English language standard currently used in New Zealand to determine English language skills for professions such as health professionals.  A level appropriate to the taxi industry would need to be determined. 

We acknowledge that there is a high cost to the industry associated with implementing the testing system, however if the aim of the Office of the Auditor General’s review is to increase the overall standard within the industry, then this can only be achieved by making the licensing requirements more robust to ensure that the skills of the providers are sufficient for the service users. 

The Foundation approves of the proposal (Proposal 36) to widen the conditions for exempting passenger services operated by incorporated charitable organisations. 

Thank you for providing the Foundation with the opportunity to comment on the draft Rule.  Please do not hesitate to contact us if we can provide you with additional information. 

Paula Daye

Chief Executive