Not Feasible To Operate Only Low Floor Buses In State, Transport Department Tells Madras High Court

The Institute of Road Transport on Friday informed the Madras High Court that it is not technically feasible for the State Transport Undertakings to have only low-floor buses in the state.

The bench of Acting Chief Justice T Raja and Justice Bharatha Chakravarthy was hearing a plea filed by cross-disability rights activist Vaishnavi Jayakumar against a tender notification issued by the Tamil Nadu Transport Department for procuring 1770 non-AC diesel buses with a floor height of 900mm. 

Challenging the notification, the plea argues that the law permits procurement of low-floor buses with a floor height of 400mm or maximum height of 650mm with ramps/kneeling system/lifts for entry.

Jayakumar has argued that as early as in 2005, there were orders from the court to ensure universally accessible buses as per the Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act 1995. The tender notification is a blatant violation of the earlier court orders, according to the petitioner. 

Urging the court to quash the tender, Jayakumar has said  that buses with floor height of 900 mm are difficult to access not only by persons with disabilities but also by the elderly and pregnant women.

Pointing out the operational difficulties in procuring all buses as Low Floor buses, the Transport Department submitted that such procurement would also need infrastructure upgradation at Bus Stops and bus bays, sufficient road width, drainage of rainwater, etc, which are under the jurisdiction of Greater Chennai Corporation, Chennai Metropolitan Development Authority (CMDA) in Chennai and various local bodies in the districts.

The court was told that even earlier, an attempt was made to operate low-floor buses, but the same could not reach positive results due to insufficient road width for turns, non-standard speed breakers, water stagnation, etc.

Further, it was submitted that during rainy season, due to water stagnation in cities, water will enter into the buses easily which will also lead to stoppage of such buses in many areas. It was also informed that the workshops currently are not equipped with maintaining the low floor buses as they require modified maintenance pits, special tools and equipment etc.

The court has asked the department to get instructions on whether it is feasible to keep ramps available in the buses with floor height of 900mm, to be used whenever persons with disability are boarding the buses. The matter has been adjourned to January 24.

Case Title: Ms. Vaishnavi Jayakumar v. The State of Tamil Nadu and another

Case No: WP No. 29914 of 2022