CESL Bus Karo with India's 5500 crore electric bus tender! Comply with Bus Standards: Purchase Low Floor Accessible Buses only http://bit.ly/cesl-bus-karo

50 views

Skip to first unread message

Vaishnavi Jayakumar

unread,

Feb 28, 2022, 4:17:56 AM2/28/22

to Egroup DRA, WE the PwD Egroup

PRESS RELEASE

FCM logo

Comply with Bus Standards : Purchase LOW FLOOR, ACCESSIBLE Buses only

February 24, 2022

Press Release

Several disability rights organisations and activists have flagged concerns about the violation of various mandates in the centralised tendering for procurement of 5585 electric buses. Coming together under the rubric Freedom of Movement Coalition, they have objected to the non-compliance with bus standards and procurement norms in the tendering for 5450 electric buses and 135 Double Decker electric buses by the Convergence Energy Services Limited (CESL).

The FMC feels that the tendering process is in violation of the Rights of Persons with Disabilities Act, 2016, the Harmonised Guidelines on Accessibility as also Supreme Court judgements.

The Coalition has in a letter addressed to the Managing Director and Chief Executive Officer CESL, Mahua Acharya, pointed out that at least 1850 out of the 5585 city buses being tendered are for high-floor buses and are therefore not in compliance with the existing Bus Standards and provisions of the RPD Act. Even in the case of the 3600 low floor buses and 135 double decker buses, mandatory accessibility requirements (especially for wheelchair users) have either not been specified or indicated as ‘not required’.

This tendering comes at a time when according to the central government’s own data only around 7% of public buses in the country are fully accessible, notwithstanding the targets set by the Accessible India campaign.

Objecting to the flouting of these mandates, the Coalition has urged the CESL to issue a corrigendum to the tender addressing all deviations and requiring all buses to be low floor buses, for ease of use by the disabled and the elderly.

The full text of the letter sent to the CESL MD & CEO is attached herewith.

Following persons may be contacted in case further clarifications are required.

Arman Ali ()
Muralidharan ()
Vaishnavi Jayakumur ()
Or any of the FMC members listed below

THE FREEDOM OF MOVEMENT COALITION is a pan-Indian group advocating for equity in transport.

COALITION MEMBERS : ● Adv. K.R. Raja ● Centre for Accessibility in Built Environment (CABE) ● December 3 Movement (D3M) ● Disability Law Initiative ● Disability Rights Alliance (DRA) ● Diversity and Equal Opportunity Centre (DEOC) ● Ektha ● National Centre for Promotion of Employment for Disabled People (NCPEDP) ● Human Rights Law Network ● National Platform for Rights of Disabled (NPRD) ● Nilesh Singit ● Rahul Bajaj ● Rajive Raturi, Samarthyam, National Centre for Accessible Environments ● Dr. Satendra Singh ● Sruti Disability Rights Centre

We can be reached at:

freedom-of-mov...@googlegroups.com

REPRESENTATION

20 February 2022

Mahua Acharya

Managing Director and Chief Executive Officer

Convergence Energy Services Limited

NFL Building, 2nd Floor, Core – III

SCOPE Complex, Lodhi Road,

New Delhi-110003

+911145801260

mdc...@eesl.co.in

Dear Ms Acharya,

SUB : Non-compliance with bus standards and procurement norms in CESL’s RFP dated 20 Jan 2022 (Request for proposal for selection of bus operator for procurement, operation and maintenance of 5450 electric buses and 135 Double Decker electric buses and allied electric and civil infrastructure on gross Cost Contract vide NIT No: CESL/06/2021-22/GC)

We would like to bring to your attention that at least 1850 out of the 5585 city buses being tendered are for high-floor (800 mm GFH) buses and are therefore not in compliance with the existing Bus Standards and provisions of disability law as outlined below. Even in the case of the 3600 low floor (400 mm GFH) buses and 135 double decker buses (GFH not specified), mandatory accessibility requirements (especially for wheelchair users) have either not been specified or indicated as ‘not required’ eg. Fold out ramp^[1], Wheelchair seat belt and anchorage ^[2]etc.

As per the Ministry of Housing & Urban Affairs’ ‘Urban Bus Specifications – II’ of April 2013^[3],

“Cities having population ≤ 1 million (as per census 2011) can procure buses having 900 mm floor height also whereas cities having population more than 1 million (as per census 2011) will procure either 650mm or 400mm floor height buses. Any change in composition is subject to approval of Ministry of Urban Development (MOUD), GOI. W.E.F. 1.4.2016, 900mm floor height standard size buses are to be procured only as an exception in all cities ≤ 1 million populations also.”

The STUs that are being tendered for are for the following cities : Delhi, Bengaluru, Hyderabad, Kolkata, Surat. All five cities are Million Plus cities as per 2011 census (Refer Table 1)

Despite this requirement of low floor (max 400mm GFH) or semi-low floor buses (max 650 mm GFH) in Million Plus Cities, at least 1850 (refer Table 2) out of the 5585 buses tendered are high floor buses^[4] (Floor height is not indicated for 135 double decker buses).

As the buses are all Group A vehicles of Type I intracity class of at least 9m / midi-length (therefore seating 23 passengers upwards^[5]), compliance to AIS 153 standard ^[6]is also required which again stipulates a maximum of 650 mm floor height. (Refer explanation and extract below as well as Table 3)

Amendment No 11 (09/2019) to AIS-052 (Rev.1): Code of Practice for Bus Body Design Approval inserted a new clause linking AIS-052 to AIS-153 (01/2020) Additional Requirements for Bus Construction as follows :

2.2.19.6

In case of buses with seating capacity exceeding 22 passengers excluding driver, requirements for Accommodation and Accessibility for Passengers of Reduced Mobility shall be as per clause 2.12 of AIS-153.

Clause 2.12 of AIS-153 reads

2.12 Accommodation and Accessibility for Passengers of Reduced Mobility

Vehicles of Type I with maximum 650 mm floor height shall be accessible for people with reduced mobility including at least one wheelchair user according to the technical provisions laid down in Annexure V. However, if vehicles of Type II, Type III and Type IV are voluntarily equipped with features or devices for persons with reduced mobility and / or wheelchair user, those features or devices shall comply with the relevant requirements of Annexure V. However, wheelchair accommodation provisions shall not be applicable for buses whose Gross Vehicle Weight (GVW) is less than 3.5 tons.

Annexure V^[7] of AIS-153 is titled ‘Accommodation and Accessibility For Passengers With Reduced Mobility’ and has 20 pages of specifications which also link to Annexure VI^[8] in case a power ramp is planned for non-level boarding i.e. any service door higher than 400 mm from ground height.

In Rajive Raturi vs Union of India^[9], the Supreme Court pronounced in December 2017 that
“Section 41 of the Disabilities Act, 2016 provides for comprehensive accessibility in all modes of transport including but not remitted to the bus transport. Therefore, it becomes the duty of the Union, States as well as Union Territories to ensure that all Government buses are disabled friendly in accordance with the Harmonized Guidelines.” Furthermore it specified that “Government / Private owned public transport carriers are to be made fully

accessible by March 2018^[10].”

The 2021 Harmonised Guidelines^[11] lay down the following standards, further requiring buses to be low floor (i.e. max 400 mm GFH).

6.3.1.2.2 Accessible buses

Accessible buses should have the following features:

1. Bus doors should be at least 1200 mm wide.

2. Should be low floor

3. Have handrail and footlight installed

4. Have apparatus such as a hydraulic lift or pull-out / foldable ramp (Figure 11-7) installed in the doorway for mobility aided users/ prams.

5. Space for a wheelchair should be provided in an appropriate position, without preventing other passengers from getting on and off.

6. The location of that space should be as indicated, inside and outside the bus, using the standard symbol for wheelchair accessibility

7. Wheel stoppers and wheelchair safety belts should be provided

8. An appropriate number of alighting buzzers should be provided in positions that are easily accessible for seated or standing passengers

9. The push button of an alighting buzzer should be clearly visible; of adequate size, installed at 900 mm to 1200 mm from the bus floor level and display the information in Braille/ raised numbers as well.

10. Information on the names of all stops along a bus route should be indicated inside the bus by displaying the text in a suitable position.

11. Information on a route and its final destination should be displayed outside the bus in large text, especially on the front and side of the bus. This information should be in a bright contrasting colour and be well illuminated by an external light to make it readable in the dark.

For intra-city purposes only 400 mm low floor buses with fold out ramp, along with the 400 mm boarding platform^[12] required by MoHUA since 2012 at all bus shelters for ordinary city bus service; could enable step-free, level boarding and basic universal access along with minimal dwell time.

Keeping the above mandates in view, we request you to issue a corrigendum to the tender addressing all deviations and requiring all buses to be 400 mm low floor buses (with additional mandatory specifications referred to above) to render it compliant.

Sincerely,

THE FREEDOM OF MOVEMENT COALITION

Coalition Members :

Adv. K.R. Raja
Centre for Accessibility in Built Environment (CABE)
December 3 Movement (D3M)
Disability Law Initiative
Disability Rights Alliance (DRA)
Diversity and Equal Opportunity Centre (DEOC)
Ektha
Global Network for Equality (GNE)
Human Rights Law Network (HRLN)
National Centre for Promotion of Employment for Disabled People (NCPEDP)
National Platform for Rights of Disabled (NPRD)
Nilesh Singit
Rahul Bajaj
Rajive Raturi
Samarthyam, National Centre for Accessible Environments
Dr. Satendra Singh
Sruti Disability Rights Centre

THE FREEDOM OF MOVEMENT COALITION is a pan-Indian group advocating for equity in transport. We can be reached at freedom-of-mov...@googlegroups.com

ANNEXURE : LIST OF TABLES

TABLE 1 : STU CITY POPULATION (as per 2011 census)
S. NO	CITY	POPULATION (as per 2011 Census)
1	Delhi	1,63,49,831
2	Kolkata	1,40,57,991
3	Bangalore	85,20,435
4	Hyderabad	76,77,018
5	Surat	45,91,246

TABLE 2 : TENDERED BUS FLOOR HEIGHTS
City	12m Low Floor AC	12m Low Floor Non AC	12m Std (High) Floor AC	12m Std (High) Floor Non AC	9m Std High Floor AC	9.5m Double Decker Bus	Total
Delhi	1500					100	1600
Kolkata	600		600		800		2000
Bangalore		1500				5	1505
Hyderabad				300		5	305
Surat					150	25	175
Total	2100	1500	600	300	950	135	5585
GFH Total	3600		1850			135

TABLE 3 : BUS CODE READY RECKONER
CATEGORY GVW WEIGHT	MAX SEATING CAPACITY (Passengers incl wheelchair)	TYPE CLASS	GROUP	NAME (Bus = 13+ passengers)	LENGTH meters	ACCESSIBILITY REQUIREMENTS
(M1 = Max 7p)	7			Not a bus
(M2 = Max 8+p) , < 5 ton	8+			Not a bus
(M2 = Max 8+p) , < 5 ton	12 (Low)			Micro (Not a bus)		Bus code does not apply
(M2 = Max 8+p), < 3.5 ton	13 - 22 (Low)		B	Mini	≤ 7	UBS II (as per AIS Wheelchair provision not needed)
(M2 = Max 8+p), 3.5-5 ton	13 - 22 (Low)		A	Mini	≤ 7
(M3 = Max 8+p) , > 5 ton	23-34 (Medium)	I - Intra-city	A	Midi	≤ 9.4	AIS-153 (Max 650 floor height)
(M3 = Max 8+p) , > 5 ton	35-74 (Medium)	I - Intra-city	A	Standard	12	AIS-153 (Max 650 floor height)
(M3 = Max 8+p) , > 5 ton	70+ (High)	I - Intra-city	A	Deck, articulated etc	18, 24	AIS-153 (Max 650 floor height)