Select Committee on Transport Eleventh Report


Conclusions and recommendations


1.  Bus patronage figures have been in decline since the 1950s. Nationally, that decline has not been reversed since the introduction of deregulation in 1985, although journeys in London have increased. We welcome the Government's commitment to look at this problem from first principles and to put into place any new arrangements that may be required. Modal shift from car to bus is vital if the United Kingdom is to properly tackle congestion and reduce carbon emissions. (Paragraph 17)

2.  Quality Contracts would provide Passenger Transport Authorities with the security and control that they require to implement efficient, desirable bus networks within their areas. The Committee is concerned that no Authority has felt able to apply for such a Contract given their evident dissatisfaction with the present arrangements. (Paragraph 30)

3.  As part of any move to simplify the Quality Contract procedure and enable Passenger Transport Authorities to implement them in their areas it is important that an objective analysis is made of the difficulties Authorities and operators have in working with one another in Partnership. Even with enforceable contracts, it is vital that a détente is reached between these two groups to ensure that bad relationships do not persist into any new arrangements. (Paragraph 31)

4.   It is not clear whether the London system could be transplanted wholesale into other metropolitan areas. While some of the measures that have been implemented so successfully in London are available to PTA areas, they have not been used. Our evidence indicates that this is because the PTAs are not confident that the efforts that have been put in so far are met by a reciprocal commitment by operators to improve services. (Paragraph 35)

5.  If PTA areas are to get the bus improvements that they need, there must be a system available for the Authorities to use to guarantee that investment on their behalf will be met with improvements on the part of operators. Quality Contracts are the way to do this. (Paragraph 36)

6.  The Department told us that it was willing to look at 'new approaches' to providing bus services. It should therefore back some trial areas in PTAs within the next year or two which could try different variations of the 'London system' and Quality Contracts - with no strings attached. (Paragraph 44)

7.  In the longer term, Quality Contracts would enable PTAs to develop the integrated network they - and passengers - want. The Department must recognise the futility of continuing to insist that the PTAs work within a system that they do not like and apparently do not feel that they can trust to deliver a better bus service. To this end, the Department should revise the Quality Contract process with a view to making them easier to obtain. The wording should be changed to facilitate a Contract - if it is demonstrated to be the 'best' way of implementing a clear transport strategy aimed at increasing use of public transport, rather than the 'only practicable way' approach currently applied. (Paragraph 45)

8.  This Committee is clear that any threat of legal action by bus operators against PTAs who wish to introduce a Quality Contract is tantamount to intimidation and is unconscionable. If Quality Contracts are to work, the Department must find a way of indemnifying PTAs from any such legal action or propose changes to the law which would make such a challenge impossible. We are concerned that the Department does not know itself what the legal position is in terms of the Human Rights Act 1998 and its implications for Quality Contracts, if indeed there are any. We would like the Department to issue firm guidance on this matter and also to make available any relevant legal advice it received at the time of the Transport Act 2000. (Paragraph 46)

9.  Whilst PTAs insist that they have the 'public interest' at heart, it is important that the Contracts themselves are democratically accountable. This means that all affected local authorities in a PTA area must be party to any Contract. Local authorities should retain their highway powers and become partners with the PTAs, with a duty to provide priority measures and traffic constraint. Contracts will also have to be enforced. (Paragraph 47)

10.  The Committee commends the important work done by the Traffic Commissioners, despite their limited numbers and resources. (Paragraph 53)

11.  It is critical that the Commissioners are retained as an independent entity. In our view, the Commissioners need a much higher profile and more resources - both in terms of money and people. This is an important investment for the future of the bus industry, and one the Department must make. The advantage of the independence of the Commissioners cannot be understated if they are to take a stronger enforcement role, and we believe that they should. (Paragraph 54)

12.  The powers of the Commissioners should be strengthened to allow them to enforce Quality Contracts in PTA areas and partnerships elsewhere in the country and to penalise both operators and local authorities/PTAs when they do not meet their obligations. The Commissioners must have the powers to allow them to guarantee a certain quality of service. (Paragraph 55)

13.  While we welcome the apparent willingness of some bus operators to share journey information with the Commissioners, the present arrangements are inadequate. It is vital that the Commissioners have the information they need to do their job properly. To this end, we recommend that the Commissioners should have an automatic right to any journey information held by the bus operators. If there are commercial sensitivities in any such information, the Commissioners will have a duty to keep it confidential. (Paragraph 57)

14.  It is clearly important, particularly for PTAs who often lack trust in their relationships with operators, to establish the minimum profit bus operators (of all stripes) need to stay afloat and fund investment and to what extent this is being achieved or exceeded. We recommend that the Government commission a study on this aspect of the bus industry. (Paragraph 61)

15.  'Competition' is clearly failing many non-core routes and the communities that depend on them. The current situation cannot go on. Local authorities' budgets are stretched. We see no reason why a different kind of Quality Contract could not be employed by local authorities, outside of the PTAs, to secure socially necessary services. In some areas, where partnership is working well, there will be neither the desire nor the need for change. Change should not be forced upon them. However, for those areas where there is a problem, there should be a better solution available. The Department should look seriously at this and any other suggestions for tackling the problems outside PTAs and report back to the Committee on its conclusions before July 2007. (Paragraph 65)

16.  Community transport helps the most disadvantaged in our society and relieves local authority resources. The Government must hold a consultation on reform of the community transport system, offering options of modifying the current permit scheme or a complete overhaul and a unified permit scheme, as it promised two years ago. (Paragraph 68)

17.  It is ridiculous that bus operators are forbidden from providing through-ticketing and co-ordinating scheduled services. There must be a thorough review of how the Competition Act applies to bus services. The Office of Fair Trading states clearly that it does not view the bus as being in competition with the car. This is wrong. It must look again at the reality of competition 'on the road'. If necessary, the legislation should be amended to reflect this. (Paragraph 71)

18.  Congestion is acknowledged by all those involved in the provision of bus services to be a major contributor to the unreliability of bus services. This is particularly worrying because passengers who are driven away from buses because of unreliability are likely to switch to the car, thereby exacerbating the problem. We are concerned that the Government has not acknowledged the role that congestion plays in undermining the provision of bus services and we urge the Government to give a high priority to tackling congestion, in partnership with local authorities, as a central part of the provision of integrated transport services. (Paragraph 74)

19.  Highway authorities must recognise that priority measures are in the interests of the entire community. Where possible, and particularly in metropolitan areas, bus lanes should be co-ordinated across local authority boundaries. Bus lanes must also be rigorously enforced by the police or safety cameras in order to actively discourage car drivers from flouting the law. Priority measures, such as bus lanes, should also be open to community transport as a matter of course. It is an anomaly that these vital services do not receive priority on the roads. (Paragraph 76)

20.  The concessionary fares system in England is a mess. The Government requires local authorities to provide a minimum concession without providing, in the view of many authorities, sufficient funds to do so. The Government plans to put concessions for the over 60s and disabled people on a national footing in 2008. This does not however mean that concessionary national travel will be permitted, just that there will be a uniform minimum standard for all local schemes. It is not clear how this will be administered or even if the amount of funding the Government has announced for the scheme will be adequate. We seek reassurance from the Department that they have begun work on determining how this important policy will be introduced and administered. (Paragraph 84)

21.  There is clearly a problem with the way concessionary fare monies are distributed to local authorities. Neighbouring authorities can be at the opposite end of the spectrum - one having plentiful resources to provide a full concessionary service; the other having to cut back other services to pay for concessions. This needs to be fixed, perhaps by the Department or the Treasury administering the proposed national scheme from 2008. (Paragraph 85)

22.  Concessions for pensioners clearly promote bus use. Indeed, ridership in many areas may have increased by the end of 2006 thanks to the extension of this scheme. (Paragraph 86)

23.  It is right that minimum statutory concessions are currently targeted at disabled persons and the over 60s. There is however a case, made by many witnesses, for an extension of the mandatory concession scheme to the under-16s and others in full-time education. Concessions for children to use buses to and from school would cut down on the school run and for those in full-time education might cut the numbers of 17-25 year olds who learn to drive and buy a car as soon as possible. A good experience using buses when young could also influence travel choices later in life. Local Authorities must always have discretion to provide higher than minimum standards. (Paragraph 87)

24.  There persists a perception that bus services are generally unreliable and of a poor quality; that vehicles are old and inaccessible; that drivers are rude; and that passengers are unsafe and uncomfortable. This image must be countered, not ignored. Although local authorities and operators can clearly be effective, particularly when they work in partnership to 'brand' and promote local services, the Department must realise that it, too, has a role to play. The Department should be prominent in promoting bus use not only to the public but through public policy and guidance. It could do more to monitor the industry or at least give the Traffic Commissioners the tools they need to do it. (Paragraph 93)

25.  The public must play its part too. By anti-social behaviour, vandalism, and littering, buses can be made unpleasant and hostile places in which to travel. Sadly, it appears that this type of behaviour is often shown by young people. Schools, particularly those that use a regular bus service, must play a part in tackling this behaviour and educating pupils to respect both the vehicle and fellow passengers. It would be unfortunate if this kind of careless behaviour forced operators to take steps - such as banning food and drink from vehicles - which they should feel entitled to do if things do not improve. We recommend that the Department for Transport work with the Department for Education and Skills to develop policies for encouraging responsible behaviour by students travelling to and from school by bus. None of this, however, should relieve operators of the responsibility for providing a safe, clean environment for passengers by investing in CCTV and other security technology, or by providing security personnel on particularly difficult routes. (Paragraph 94)

26.  We commend those cities and counties that have made the deregulated bus system work for them, we rather suspect that they have done so in spite of the arrangements they work within, not because of them. It is clear, however, that for many areas, including all of our major metropolitan areas outside London, the current regime is not working. It has been over twenty years since deregulation, six years since the Transport Act 2000. This leads us to conclude that the current arrangements cannot be made to work. We therefore support the introduction of some flexibility into the system, allowing those transport authorities who feel they need a more structured network, to apply for a reformed Quality Contract. These Contracts should be enforced by the strengthened Traffic Commissioners and will, we hope, deliver the much needed improvements that our cities have long required. Traffic Commissioners should be given the resources to monitor the speed of travel of buses on routes in their areas and have the power to require local authorities to draw up traffic management plans to deal with delays where they require bus priority, or traffic management measures. In more rural areas, authorities should also have the flexibility to apply for Contracts to supply those socially necessary services which currently have to be supported by the public purse. (Paragraph 95)


 
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