13 Amendments of Markus FERBER related to 2008/0237(COD)
Amendment 34 #
Proposal for a regulation – amending act
Recital 7
Recital 7
(7) In the light of Article 9 of the United Nations Convention on the Rights of Persons with Disabilities and in order to give disabled persons and persons with reduced mobility opportunities for bus and coach travel comparable to those of other citizens, rules for non-discrimination and assistance during their journey should be established. Those persons should therefore be accepted for carriage and not refused transport on the grounds of their disability or lack of mobility, except for reasons which are justified on grounds of safety and prescribed by law. They should enjoy the right to assistance at bus and coach terminals and on board the vehicles, including embarking and disembarking. In the interest of social inclusion, the persons concerned should receive the assistance without additional charge. Bus and/or coach undertakings should establish accessibility rules, using preferably the European Standardisation system.
Amendment 52 #
Proposal for a regulation – amending act
Article 3 – point 11
Article 3 – point 11
(11) 'cancellation' means the non-operation of a specific service which was previously scheduled and for which at least one actual reservation was made;
Amendment 67 #
Council position – amending act
Article 3 - point g
Article 3 - point g
(g) "carrier" means a natural or legal person, other than a tour operator, travel agent or ticket vendor, offering transport by regular or occasional services to the general public;
Amendment 71 #
Council position – amending act
Article 3 - point k
Article 3 - point k
(k) "tour operator" means an organiser or retailer, other than thea carrier, within the meaning of Article 2(2) and (3) of Directive 90/314/EEC;
Amendment 71 #
Proposal for a regulation – amending act
Article 9 – paragraph 3
Article 9 – paragraph 3
3. If aA bus and/or coach undertaking proves that theshall not be held liable for loss or damage pursuant to paragraphs 1 and 2: (a) if the loss or damage whas been caused or contributed to by fault or negligence of the passenger, the bus and/or coach undertaking shall be wholly or partly exonerated from its liability towards the claimant to the extent that such fault or negligence caused or contributed to the damagby circumstances not connected with the operation of bus and coach transport services and which the bus and/or coach undertaking could not have avoided, in spite of having taken the care required in the particular circumstances of the case, and the consequences of which it was unable to prevent; (b) to the extent that the loss or damage is the fault of the passenger or caused by his negligence.
Amendment 72 #
Proposal for a regulation – amending act
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Reservations and tickets shall be offered to disabled persons and persons with reduced mobility at no additional cost. In that connection, Member States may make provision for bus and/or coach undertakings to receive appropriate compensation.
Amendment 79 #
Proposal for a regulation – amending act
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Under the same conditions as referred to in paragraph 1(a), aA bus and/or coach undertaking, a ticket vendor or a tour operator may require that disabled persons or persons with reduced mobility be accompanied by another person who is capable of providing the assistance required by that person, if this is strictly necessary, if (a) the conditions as referred to in paragraph 1(a) or (b) apply, or (b) the crew of the vehicle concerned consists only of a single person who drives the vehicle and who is not in a position to provide the disabled person or the person with reduced mobility with the assistance as specified in Annex I.
Amendment 87 #
Council position – amending act
Article 16 - paragraph 1
Article 16 - paragraph 1
Amendment 89 #
Council position – amending act
Article 17 - paragraph 1 a (new)
Article 17 - paragraph 1 a (new)
(1a) The carrier shall not be held liable for loss or damage pursuant to paragraph 1: (a) if the loss or damage has been caused by circumstances not connected with the operation of bus and coach transport services and which the bus and/or coach undertaking could not have avoided, in spite of having taken the care required in the particular circumstances of the case, and the consequences of which it was unable to prevent; (b) to the extent that the loss or damage is the fault of the passenger or was caused by the passenger's negligence.
Amendment 93 #
Proposal for a regulation – amending act
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Terminal managing bodies and bus and/or coach undertakings shall ensure appropriate assistance to a disabled person or a person with reduced mobility as specified in Annex I free of charge before, – if possible – during and after the journey.
Amendment 106 #
Council position – amending act
Annex I - point b - first indent
Annex I - point b - first indent
- except where not feasible, and if the vehicle crew consists of more than just the driver, be provided with essential information on a journey in accessible formats subject to request made by the passenger;
Amendment 106 #
Proposal for a regulation – amending act
Article 18
Article 18
Amendment 133 #
Proposal for a regulation – amending act
Article 26 – paragraph 3
Article 26 – paragraph 3