In the case of wheelchair versus buggy, common sense finally prevails
It has taken five years to finally resolve a row with bus company First Group over who has priority to a wheelchair space – someone actually in a wheelchair, or someone travelling with a baby buggy.
The row developed in February 2012 when the then 36-year-old was prevented from boarding a bus because a woman with a buggy refused to move to make space for his wheelchair. Even though the driver asked the passenger to move, she refused and the driver could not allow Mr Paulley to board.
A court initially awarded Mr Paulley, from West Yorkshire, £5.500 damages but First Group won an appeal in which three senior judges decided that transport firms are not required to force one traveller to make way for the other.
Even as they ruled, the judges suggested that wheelchair users campaign Parliament to strengthen the powers of bus drivers to insist people vacate the wheelchair space.
Now, finally, the Supreme Court has supported Mr Paulley's argument, ruling that the driver should have taken further steps to pressurise the buggy owner into making space.
Justice Lord Neuberger hearing the case said that where the driver considers that the non-wheelchair users’ refusal is unreasonable, a bus-operating company should exercise a policy that requires further action from the driver.
Justice Lord Neuberger said.
Lord Neuberger also suggested that the bus could be halted for a few minutes to apply pressure to the "unreasonable and unmoved passenger".
Although Mr Paulley said he was delighted by this significant cultural change, the court stopped short of requiring bus operators to compel passengers to make space for wheelchair users. The judges did however reiterate that legislative change was needed and the bus services bill will now go before Parliament.
The Transport Select Committee said it will have to consider its position following the Paulley judgment.