Inclusive Public Space Project

How This Guide Has Come About and Who it is For

This guide is based on the information given to us by people who took part in our research project in the Netherlands. We interviewed 42 pedestrians – 23 in Almere and 19 in Utrecht. Of these, approximately 90% identified as having a disability. Roughly 50% were over the age of 65 or parents of young children, 14% of whom did not also identify as having a disability. We also interviewed 26 legal, policy and activist stakeholders, working across the Netherlands.

Although we focused on Almere and Utrecht, thousands of people in other towns and cities are affected by the same types of problem. This means the points below are relevant to people living in other towns and cities too.

We have highlighted some of the problems described by our participants in films, links to which will be included at relevant points in this guide. These films have all been made with the help of our ‘pedestrian’ participants, or in response to problems they raised. We are very grateful to all our participants for their time, experience and insight.

This guide is for members of the public generally. It highlights things we can all do to remove or reduce problems – problems that made getting around very difficult and often dangerous for the people we spoke to. Taking these actions will help make our cities safer and more accessible for all pedestrians.

This guide is based on what is known as the ‘social model of disability’. According to it, the problem of disability-related exclusion and disadvantage is not caused by a person’s inability to see, think, move, hear etc as well as others. Instead, the problem is understood to lie in things external to the individual – like inaccessible buildings or roads, discriminatory laws and lack of awareness. So, a social model approach looks for changes in these external social factors – changes that will remove barriers and reduce exclusion.

Many of the suggestions below reflect legal obligations – things the law also requires people to do. We will mention some of these laws in the guide, after relevant suggestions. But please note that this guide is not a comprehensive account of the relevant law. Nor is it limited to suggestions based on legal obligations. It includes some suggestions which go beyond the law.

2. The Guide: What Members of the Public Can Do to Help Make Pedestrian Spaces More Inclusive

2.1 When We’re a Pedestrian

Be alert to the possibility that other pedestrians may be persons with disabilities and that their impairments may not be apparent. Note that a white cane indicates that the person holding it is blind or partially-sighted and that a red and white cane indicates that the person has both hearing and visual impairments. Note that somebody using hand gestures might be communicating in Sign Language and unable to hear you – do not treat them as though they are stupid or drunk.
Anticipate where there are narrow gaps and give people with disabilities (such as people using long canes or crutches) time and space to move through.
Keep any phone calls whilst on the move short and stop in an out-of-the-way place for longer calls – to avoid walking whilst being distracted from what is going on around us.
If a person, who you think might have a disability, has been trying to cross a road for some time, ask if they’d like any assistance. If they say no, trust their judgement and let them be. If they say yes, ask them how they would like to be helped – eg being told when it’s OK to cross, offering an arm etc. Do not assume that a blind person would like to be guided by you pulling on their cane. They need the cane to feel obstacles around them and you lifting it up takes this possibility away from them.
Not dropping litter – it might become slippery or a trip hazard.

Our Relevant Legal Obligations

Wegenverkeerswet / The Road Traffic Act 1994

Applies to all road users, including pedestrians. Of note is Article 5 which applies to all road users and prohibits causing a hazard or potential hazard on the public highway or obstructing other road users in any way.

Reglement verkeersregels en verkeerstekens / Regulation Traffic Rules and Road Signs 1990 (RVV 1990)

The Regulation prescribes the place on the road for all road users, including pedestrians. For example, Article 4 RVV requires pedestrians to use the pavement or footpath.

Civil Code – General tort provision, Article 6:162, according to which every person owes a general duty of care to other persons. If this care is not applied, and a person sustains damage as a result of this negligence, the perpetrator may be liable for the damages. This duty also applies to pedestrians causing injury to other pedestrians. This may happen in a collision between a pedestrian with a person pushing a pram, a skater or a jogger.

2.2 When We’re Driving Cars or Vans or Riding Motorbikes

Ensure we comply with The Road Traffic Act and other relevant laws and guidance.
Stop to let pedestrians (particularly if they have a visible disability) cross roads. This is especially important if they are signalling that they wish to do this, for example by holding out a white cane toward the road.
Avoid parking on pavements.
Avoid parking so as to block dropped kerbs or pedestrian crossings.
Make sure that, when parking, there is nothing sticking out from our vehicles across the pavement. Such obstructions are dangerous – particularly for people with visual impairments (who will not see them), and for people with mobility impairments (who will struggle to get around them).
When parking, check for passing pedestrians before opening doors onto the pavement. Give such pedestrians plenty of space – people with visual, balance, mobility or cognitive impairments (which will not always be obvious) may need more time than other people to get past or take avoiding action.
Do not park in spaces designated for persons with disabilities.

Our Relevant Legal Obligations

Wegenverkeerswet / The Road Traffic Act 1994

Applies to all road users, including drivers, and covers a range of relevant obligations. Particularly noteworthy are Article 5 which prohibits causing a hazard or potential hazard on the public highway or obstructing other road users in any way; Article 5A is aimed at forbidding dangerous traffic behaviour with potential serious consequences.

Reglement verkeersregels en verkeerstekens / Regulation Traffic Rules and Road Signs 1990 (RVV 1990)

Article 10 RVV requires road users to park their vehicle anywhere but on a pavement or footpath. This article is intended to prevent vehicles from blocking the pavement. In addition, Article 49 requires drivers to give priority to pedestrians carrying a white cane and to other persons with disabilities.

Civil Code

Article 6:162, as mentioned above, sets out the general duty of care that road users owe to other persons. Thus, drivers, motorists and road users may be liable if they fail to exercise reasonable care and a pedestrian suffers injury or harm as a result.

Municipal Ordinances

In many municipalities, there are ordinances which include prohibitions of blocking streets and pedestrian areas, or causing a nuisance. These are often based on Chapter 2 of the Model Ordinance of the VNG, which includes a general prohibition (with exemptions) against using a street other than according to its public purpose, if that use inflicts damage to the road or impedes its usability. An example of relevant municipal regulations is Utrecht’s Algemene plaatselijke verordening (‘General Local Ordinance’ – APV). This prohibits the parking of mopeds and similar vehicles if a pavement or footpath is obstructed.

2.3 When We’re Cycling

Avoid cycling on walkways or in areas with lots of pedestrians – if we need to use a pedestrian space, and are able to walk, we should dismount and push the bike until we’re back in a space for vehicles again.
Be alert to pedestrians who might need to cross, particularly if they have a white cane, crutches or some other mobility device and are signalling that they want to cross.
Be alert to the possibility that young children might behave unpredictably. Slow down when near them, in case they step into the way by accident.
Slow down and stop to let pedestrians cross.
Be aware, when we come across pedestrians walking or wheeling in a road, that it is the last place they might want to be. Road markings which might seem clear to most people may not be detectable to people with visual or cognitive impairments; and some people with mobility impairments may be forced onto the road because there is no access to (or exit from) a pavement – eg because dropped kerbs are blocked, broken or absent. So, try to be considerate and helpful to pedestrians in the road without making the situation any more stressful for them.
When cycling in a space that is shared with pedestrians, always be mindful of them. Give them plenty of space and keep speed down when approaching and passing them. If there are quite a few pedestrians, dismount and push our bikes instead of riding them.
Make sure our bikes have a working bell, so that we can alert pedestrians (politely) to our presence – remembering that people with hearing impairments may not be able to hear the bell.

Our Relevant Legal Obligations

Wegenverkeerswet / The Road Traffic Act 1994

Applies to all road users, including cyclists. Article 5 prohibits causing a hazard or potential hazard on the public highway or obstructing other road users in any way.

Reglement verkeersregels en verkeerstekens / Regulation Traffic Rules and Road Signs 1990 (RVV 1990)

Articles 5 and 6 RVV 1990 require all road users to use the road section allocated to them, which suggests that using a road section they are not supposed to use amounts to a traffic violation. That implies that any cyclist, who is cycling on a pedestrian area, is liable for a traffic fine.

Civil Code, Article 6:162

Liability in tort could arise where a cyclist causes injury or harm to a pedestrian.

Municipal Ordinances

In many municipalities, there are ordinances which include prohibitions of blocking streets and pedestrian areas, or causing a nuisance. These are often based on Chapter 2 of the Model Ordinance of the VNG, which includes a general prohibition (with exemptions) against using a street other than according to its public purpose, if that use inflicts damage to the road or impedes its usability. Examples of relevant municipal regulations are: Utrecht’s Algemene plaatselijke verordening (‘General Local Ordinance’ – APV). This prohibits the parking of bikes and similar vehicles if a pavement or footpath is obstructed.

2.4. When We’re Using Scooters (bromfietsen of snorfietsen) or Other Micro-Mobility Devices

Make sure we comply with The Road Traffic Act and all relevant laws and guidance.
Never ride (bromfietsen of snorfietsen) on pavements, even if it is technically lawful to do so. Dismount and push scooters when on pavements.
When in spaces that are shared with pedestrians, always be mindful of pedestrians. Giving them plenty of space and keeping speed down when approaching and passing them. If there are quite a few pedestrians, dismount and push scooters instead of riding them.

Our Relevant Legal Obligations

Wegenverkeerswet / The Road Traffic Act 1994

Applies to all road users, including user of (bromfietsen of snorfietsen) or other micro-mobility devices. ‘Scooters’ are the same as ‘mopeds’ under Dutch law, thus the same rules apply as they do to mopeds. Article 5 prohibits causing a hazard or potential hazard on the public highway or obstructing other road users in any way.

Reglement verkeersregels en verkeerstekens / Regulation Traffic Rules and Road Signs 1990 (RVV 1990)

Articles 5 and 6 RVV 1990 require all road users to use the road section allocated to them, which suggests that using a road section they are not supposed to use amounts to a traffic violation. That implies that ‘bromfiets- of snorfiets’ user, who is ‘riding on a pedestrian area, is liable for a traffic fine.

Civil Code, Article 6:162

All road users owe a duty of care to each other, including pedestrians. Where a person is using an e-scooter in a negligent or unsafe manner, such as riding fast on the pavement or footpath or pedestrian area, it could give rise to civil or even criminal liability.

Een voorbeeld is de aansprakelijkheid van een scooterrijder voor schade bij een aanrijding met voetgangers in een zaak voor de rechtbank Noord-Holland (https://deeplink.rechtspraak.nl/uitspraak?id=ECLI:NL:RBNHO:2023:1390).

Municipal Ordinances

In many municipalities, there are ordinances which include prohibitions of blocking streets and pedestrian areas, or causing a nuisance. These are often based on Chapter 2 of the Model Ordinance of the VNG, which includes a general prohibition (with exemptions) against using a street other than according to its public purpose, if that use inflicts damage to the road or impedes its usability. Examples of relevant municipal regulations are: Utrecht’s Algemene plaatselijke verordening (‘General Local Ordinance’ – APV). This prohibits the parking of bicycles, mopeds and similar vehicles if a pavement or footpath is obstructed.

2.5 When We’re at Work or Running a Business

Not putting advertisement or other boards/signs on the walkway where they will restrict pedestrian space or where pedestrians (eg those with visual impairments) might bump into them.
Not attaching to buildings which adjoin pavements, anything that sticks out and might cause an injury to a passing pedestrian – eg a blind person who is following the building line with a long cane; or a wheelchair-user who is left with too little space to get round.
When placing cafe furniture etc outdoors, make sure that it is within some kind of surrounding border fence which extends to floor-level so that it can be detected by blind people using long canes.
Keep walkways near where we work clean and free of rubbish.
When installing ramps, make sure they comply with best practice design guidance – eg on the gradient of ramps.

Our Relevant Legal Obligations

Civil Code, Article 6:162

Businesses owe a duty of care to their customers and others in their vicinity, and thus could be held liable if their actions cause injury or harm to pedestrians.

Civil Code, Article 6:174

This provision codifies the liability for damages as a result of failure to prevent users from danger. The full text of article 6:174 Civil Code reads:

The owner of a premises that does not meet the requirements that may be expected from it in the given circumstances, and thereby poses a danger to persons or property, is liable, when this danger arises, unless liability pursuant to the previous section would have been missing had he known this danger at the time of its creation. In these cases, a risk liability exists for the proprietor of a street or pedestrian area. Culpability does not need to be established.

The Building Decree and the Spatial Planning Act (from 1/1/2024)

Municipal Ordinances

In many municipalities, there are ordinances which include prohibitions of blocking streets and pedestrian areas, or causing a nuisance. For example:

Utrecht’s Algemene plaatselijke verordening (‘General Local Ordinance’ – APV) includes provisions relating to the placing of obstructions on or above roads and the obstruction of footpaths.

2.6 When We’re at Home

Make sure no trees or bushes in the property we live in stick out over the pavement. Head-height or thorny obstructions are particularly dangerous for adults and children, especially those with disabilities.
Avoid creating trip hazards across the pavement – eg bikes or signs.
Make sure that vehicles (such as cars or bikes) are parked off the pavement.
Try to keep the pavements near where we live, clear of bins, obstacles and litter.
Report any faults or hazards in the pavements near where we live, to the local municipality, so that it is aware of the need for repair, cleaning etc.

Our Relevant Legal Obligations

Civil Code, Article 6:162

Homeowners, tenants and occupiers may owe a duty of care to pedestrians under the tort of negligence. For example, an obstruction left outside one’s home could create a trip hazard and give rise liability.

Civil Code, Article 6:174

This provision codifies the liability for damages as a result of failure to prevent users from danger. The full text of article 6:174 Civil Code reads:

Municipal Ordinances

In many municipalities, there are ordinances which include prohibitions of blocking streets and pedestrian areas, or causing a nuisance. For example:

Utrecht’s Algemene plaatselijke verordening (‘General Local Ordinance’ – APV) includes provisions relating to the placing of obstructions on or above roads and the obstruction of footpaths.