Misato Miura
Chief, Planning Section, Peaceful Living Policy Division, Policy Bureau
Ministry of Land, Infrastructure, Transport and Tourism

I.Background of Amendment of Barrier-free Act

In Japan, the Act on Promotion of Smooth Transportation of Elderly Persons, Disabled Persons, etc. (Act No. 91 of 2006, hereinafter referred to as the “Barrier Free Act”) was enacted in 2006.  Based on this act, the promotion of barrier-free environments in the structural sense, such as public transportation systems, public facilities and buildings have progressed to a certain extent.  However, the issues of intangible barriers still need to be addressed, such as the capability of public transport operators to accommodate wheelchair users who need to ride public vehicles, and measures to increase public awareness relative to the improper use of priority seats in railways, and parking facilities for wheelchair users.

Under these circumstances, the Tokyo Olympic and Paralympic Games is a great opportunity to push the momentum toward the realization of a “true inclusive society” as its legacy, and while collaborating with local governments, schools and other concerned sectors, it is necessary to build a mechanism that will promote barrier-free environments in ways both tangible and intangible.

For this reason, in February 2020, an amendment bill to the Barrier-free Act was introduced to the 201st Ordinary Diet Session to strongly address non-structural issues such as promoting measures towards a “barrier-free mindset” to enhance smooth transport experiences beyond tangible measures.  It was enacted in May 2020, and will be fully enforced on April 1, 2021.

II. Outline of Amendments to the Barrier-free Act

1.Strengthening efforts to apply measures against intangible barriers by facility/ establishment administrators such as public transportation companies

(1) Making it an obligation for public transportation companies and the like to comply with the standard measures against intangible barriers.

In public transportation, there have been cases where elderly people and persons with disabilities cannot use the transport facilities smoothly due to the insufficient capability of public transportation companies to recognize the ways that wheelchair users ride the vehicles.

For this reason, added to the obligation of public transportation companies to comply with the current standards for physical environments, they shall now be mandated to comply with the standards for intangible measures on the methods of providing services in barrier-free passenger facilities and vehicles.  In the relevant ministerial ordinances, the following standards are mainly stipulated as specific contents.

Moreover, compliance with the standards to address intangible barriers is obligatory for passenger facilities and vehicles that are newly established and those that made large-scale improvements after the enforcement of the old Transporation Barrier-free Act on May 15, 2002.  For passenger facilities and vehicles providing services before that, efforts are obligatory.

① Staff members shall use relevant equipment/tools to provide services to the elderly and persons with disabilities to facilitate a smoother use of transport facilities (e.g. portable ramp boards for getting on and off the vehicles)

② Use barrier-free equipment to provide services, such as information dissemination and ensuring the appropriate illuminance (example: equipment providing information on operations, lighting equipment, etc.)

③ Ensure a functional system for standards on measures against intangible barriers to be observed when providing services with barrier-free facilities.

We, in the Ministry of Land, Infrastructure, Transport and Tourism, strive for smooth operations by making efforts to make public transportation companies fully aware of the guidelines to improve the intangible aspects of their services to make real an environment where everyone, including the elderly and persons with disabilities can use public transportation with peace of mind.

(2) Making mandatory the obligation to engage in discussions on the promotion of smooth travel at transportation hubs

At transportation hubs such as terminal stations, it is necessary for transportation companies to cooperate with one another to provide easy-to-understand information to the elderly and persons with disabilities to facilitate smooth transfers.  Even in the supplementary resolution when the Barrier-free Act was amended in 2018, necessary measures were designed to ensure the smooth flow of passengers’ movement at the transportation hub, particularly when handling passengers.

For this reason, to facilitate the smooth transfer of the elderly and passengers with disabilities, it is obligatory for public transportation companies to collaborate with one another.  They are obliged to be open to consultations between companies.

(3) Information dissemination on tourist facilities certified by the government as providing services to persons with disabilities

Tourists are generally unfamiliar with the places they visit and do not have sufficient information.  For the elderly and persons with disabilities who travel, the challenge is how to provide them with information on barrier-free hotels and restaurants that meet their needs.

For this reason, we have just established a mechanism to provide information to the elderly and persons with disabilities regarding tourist facilities (hotels, restaurants, etc.) certified by the government.

2.Promotion of public awareness

(1) Promotion of the proper use of priority seats, parking facilities, etc. for wheelchair users

There are cases when people use barrier-free facilities such as toilets and parking facilities for wheelchair users even though they are able to use general facilities; and this creates a problem for the elderly and persons with disabilities who really need to use these facilities but cannot use them at that point in time or are forced to wait for a long time.

For this reason, the amended act states that the national government and facility/establishment administrators must endeavor to carry out public relations activities and awareness-enhancing initiatives to call the attention of the general public to be considerate relative to the use of facilities designed primarily for the elderly and persons with disabilities (e.g. poster displays, in-train announcements, etc.).  Moreover, it has also been stipulated that the national government and facility/establishment administrators in cooperation with the people are mandated to give due consideration to the elderly and persons with disabilities.

The following facilities and equipment are specifically stipulated in the relevant ministerial ordinances for the elderly and persons with disabilities.  Furthermore, the basic policy established by the concerned ministers in the Barrier-free Act provides guidelines for consideration on the use of these facilities and equipment:

① Wheelchair user’s toilet
② Parking facilities for wheelchair users
③ Elevators on the barrier-free route of passenger facilities
④ Wheelchair spaces for vehicles
⑤ Priority seats in transportation

(2) Promotion by municipalities of a “barrier-free mindset”

To make smooth travel real--more than the establishment and maintenance of facilities—plus understanding and cooperation among business operators, residents, general users, a “barrier-free mindset” is indispensable.

For this reason, it is stipulated that matters relative to enhancing public understanding and ensuring cooperation for the promotion of smooth travel shall be added to the basic policy established by the competent minister and to the master plan prepared by the municipalities on the promotion of smooth travel.

Furthermore, as an example of a program concerning the basics of promoting smooth travel created by municipalities, educational activities in cooperation with schools and awareness activities for citizens shall be added (e.g. educational and awareness-specific programs, the implementation of barrier-free classes for citizens and children, and hospitality training for employees of public transportation companies, etc.).  For municipalities working on the creation of a basic concept that addresses physical and non-physical barriers, we will subsidize the cost of creating the basic concept.  Since the education and awareness-specific project includes programs in cooperation with schools, the Minister of Education, Culture, Sports, Science and Technology shall be added as a competent minister.  (Enforced in June 2020)

3.Expanded coverage of compliance obligations on barrier-free standards

The amendment of this Act focuses on strengthening measures against intangible barriers, but since it is necessary to further promote physical barrier-free environments we are working on the regulations to include public elementary and junior high schools, as well as road facilities (passenger-specific bus stop facilities), such as Shinjuku Expressway Bus Terminal, as the targets for obligatory compliance with barrier-free standards.

4.Future measures such as formulating new barrier-free goals

Until now, based on the basic policy of the Barrier-free Act, which sets targets for various facilities, concerned parties have been working together to make them barrier-free.  The 10-year target period ended at the end of FY2020.  From the perspective of further promoting physical and non-physical barrier-free environments, such as making rural areas barrier-free and promoting a barrier-free mindset, we have formulated a new barrier-free development goal for five years from the FY2021.

Following the above-stated 1-3 amendments, we, in the Ministry of Land, Infrastructure, Transport and Tourism, will continue to promote structural development, formulate basic concepts including education and awareness projects, make efforts to improve the level of hospitality in the transport industry--especially being aware of the COVID-19 pandemic—and promote proper use of facilities toilets for wheelchair users.  We will further strengthen intangible measures centered on promoting a barrier-free mindset.