Argentina: Demand for Accessible Public Transportation

Without diverting attention from the unmet needs of the general service, we are worried because the transportation companies and the Secretariat of Transportation of Argentina (Secretaría de Transporte de Argentina) are trying to reduce the efficacy of or limit the Decree No. 467/98, pertaining to Accessible Public Transportation.

The law established a system of gradual accessibility modifications so that public transportation could become fully accessible for persons with diverse disabilities and senior citizens. Yet little has been done, perhaps only 11 to 12% of the service is accessible, but only in the capital and Metropolitan Buenos Aires.

In 1998 and in 2000 the Secretariat of Transportation increased fares. The reason given was that the money was destined to make the service accessible and to purchase some fully accessible vehicles, but not all the money was used for this purpose and no one knows what happened to the rest of the money nor what is the real financial situation of the transportation companies. This agency has also given many advantages to the transportation companies and participated in blocking the compliance of legal accessibility dispositions.

The National Commission for the Regulation of Transportation (Comisión Nacional de Regulación del Transporte) detected and indicated sanctions for cases of noncompliance. But nothing was done, the Commission even authorized the removal of ramps from 106 units which were previously accessible for wheelchair users.

The population of persons with disabilities is not the only sector affected by the actions of these companies, of the Secretariat of Transportation, and the National Commission. Due to the lack of accessible transportation for all, the state is spending about 50 million pesos for the transportation of persons with disabilities. And only a very few people are covered. At present, the Secretariat of Transportation holds a position defending the interests of the private transportation companies.

At this time the present Secretary, Ricardo Jaime, has been denounced to the Criminal Court for not complying with a judicial order regarding a previous legal action demanded by women with disabilities. He was also denounced at the INADI on charges of discrimination for not complying with legal dispositions pertaining to accessible transportation. He is also being denounced at the People's Ombudsman Office and at the Ombudsman Office for the City of Buenos Aires. We also want these cases to be taken before the Courts of Justice. This person was sentenced on two occasions because he has not provided for accessibility in the railroad service of Roca and for financial mismanagement related to transportation.

In response to our joint actions, the President of the National Advisory Commission (Comisión Nacional Asesora) informed that the President of Argentina has ordered that this law must not be changed and that all of its dispositions must be enforced.

We know the financial and political power of the transportation companies, so we have to be strong in our demands, which are:

1. To maintain, without modification, the Decree No. 467/98 and demand its full compliance. Available resources must be used effectively, transparent management must be the rule, and the accessible buses must circulate, initially, every 15 minutes (pursuant to the law, public transportation must be made completely accessible for all, gradually, until it reaches 100% of the vehicles of the transportation companies.)


2. We can not accept the renewal of the permit of circulation of vehicles older than 10 years old, (and with the optional limit of up to 13 year old vehicles, under certain conditions), as established by Law 24449 and its regulations regarding the maximum age of vehicles allowed for circulation (even if the Decree 467/98 is maintained, as we all want, and the age limit for vehicles is extended, then the present transportation fleet would not be affected, the companies would have more time to work with their present old and inaccessible buses.)


3. The authorities dealing with public transportation must ensure that the transportation companies comply with the legal disposition, particularly that they meet the minimum number of accessible buses and conditions for the designated vehicles and routes (There is a lot to be done, there are sectors and routes without well defined dispositions, and this situation is used by the transportation companies to provide less than acceptable accessible vehicles. There are serious gaps in reporting the age and the conditions of the vehicles used for public transportation in extended zones of the country and the local authorities do not provide reliable follow up on units put out of service or on the number of renewed permits).


4. We demand accessible public transportation, on all routes, 24 hours every day.


5. We insist that all procedures and sanctions under Decree 467/98 must be enforced.
   The forms of incompliance are reason enough to elevate to 50% the established fine.
   Something must be done with respect to companies preferring to pay fines than providing accessibility for all as mandated by the law.


6. Improve the use of the resources available in the following ways:
• All of the vehicles used for public transportation must provide accessibility for persons with disability (not just in metropolitan Buenos Aires).
• This distribution of accessible vehicles must be improved among service lines and public transportation routes.
• Change the present system to alternate accessible and non-accessible units, until the public transportation is completely accessible ( at present the bus stops every 200 to 300 meters only to allow for regularity at the beginning of each route or at departure points controlled by the transit authorities, but arrival times are lost because of the increasing city traffic).
• To ensure the right to information, transportation providers must disseminate information on regular routes and schedules and changes (This is needed to provide for the needs of informed users).
• The personnel working at the transportation companies must receive proper training regarding the rights and the needs of persons with disabilities.


7. Make an audit of the financial management of these transportation companies.


8. Government authorities must immediately approve the Decrees No. 25634, 25635, and 25644.

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