BC17

Proposed Provision of Bus and Coach Services Legislative Competence Order

Response from Bus Users UK Cymru

Introduction

On 20 February 2008, Huw Lewis, Labour Assembly Member for Merthyr Tydfil and Rhymney was successful in a ballot held in the National Assembly for Wales for the right to seek agreement to introduce a Member Proposed Legislative Competence Order (LCO) to enable the devolution of further powers to the Assembly.

1. Background to Bus Users UK Cymru

Originally set up as NFBU, Bus Users UK Cymru handles complaints and has become respected by bus operators, local authorities and the Welsh Assembly Government as a voice to be listened to. The main thrust of the work is to handle complaints and facilitate bus user surgeries where the public can meet face to face the local authorities and the operators that provide the services.

Unlike rail passengers who enjoy the statutory support and guidance of Passenger Focus and its predecessor the Rail Passengers Committee, Bus Users UK Cymru remains the sole body that undertakes to represent their views at strategic and local level.   

It became clear that activities would be severely limited by funding whilst at the same time becoming equally clear that there was considerable latent demand for advice and guidance and dealing with complaints. Accordingly a funding bid was prepared and granted. The current funding provides full time Officer for Wales, a part time Senior Officer for Wales, local representatives in the field, office facilities and a part time administrative assistant.

Our underlying purpose is to gather the views of users and accurately reflect them to the industry and legislators and to provide guidance and support for bus users.

2. The work of Bus Users UK Cymru

As the body that represents the views of bus users, it is important we have a clear understanding of their concerns. The ways in which we gain understanding of those concerns are in the handling of complaints (and proactively help those with disabilities with making complaints) and by holding bus user surgeries.

Each year we facilitate around 12 surgeries at locations across Wales. Local bus operators’ staff, transport officers from local authorities who are responsible for determining contracted local bus services and infrastructure, VOSA staff, and local authority officials responsible for waiting facilities and infrastructure, attend these surgeries.

We are the only body that represents the views of bus users in Wales.  Independent and non political.  Not affiliated to any bus operator but funded in Wales by Welsh Assembly Government.  We have 700 members across UK - some large, some individuals and we’re involved in about 1,000 consultations each year.

We are partners with transport consortia and maintain close working relationships with various organisations such as ATCO and Community Transport Association.

Legislative Competence Order

We broadly support the objectives in the LCO.  Any Measure that seeks to improve the experiences of the bus passenger is to be welcomed.  

It is important to include Community Transport and TrawsCambria services in the scope of the LCO.

It is essential that the TrawsCambria service provides links into rail services to provide a comprehensive pan-Wales integrated system.  Community Transport must also be regarded as part of the transport system as well as taxis.  They all provide a transport service to communities.

Communities rely on transport to access healthcare, employment and leisure and it is unacceptable that whole communities are cut off from these because of inadequate transport provision.

We would welcome any Measure resulting in a Traffic Commissioner being based in Wales.  It is unacceptable to have a Traffic Commissioner and his officers based outside Wales.  Wales needs proper enforcement, which will be a powerful tool in helping to eradicate poor performance, unreliability and shoddy service.

It is also important to recognise that franchising of the bus industry will need to sit alongside road improvements, bus lanes, ticketing inter-availability.  It would be an opportunity to address the issue of having to buy two tickets to make a journey to hospital, for example, because some bus operators will not accept other bus operators’ tickets.

It will be essential to provide Local Authorities and the Regional Transport Consortia in Wales with the funding necessary to exercise new and real powers over bus and coach transport.

Consultation questions

1. Do you agree with the principle that legislative competence for "the provision of bus and coach services” in Wales should be conferred on the National Assembly for Wales?  

Bus Users UK Cymru agrees with the principle for the reasons outlined in the Consultation Paper

2. If you agree with the principle, do you think that the wording of the proposed legislative competence order is correct, or do you think it is too broad or too narrow?  

Bus Users UK Cymru thinks the wording is too narrow

Please give the reasons for your answer

The Welsh Assembly Government and Regional Transport Consortia have important roles to play in ensuring integrated services and ticketing, and enforcing operator cooperation with Traveline Cymru.  The relationship between Bus Users UK Cymru and the Welsh Assembly Government should be made statutory to help protect and promote the interests of passengers and communities.  A Bus Appeals Body Cymru should also be incorporated into any future legislation.

Exceptions to Subject 10 include the following:

Regulation of use of motor vehicles and trailers on roads, their construction and equipment and conditions under which they may be so used, apart from regulation of use of vehicles carrying animals for purpose of protecting human, animal or plant health, animal welfare or the environment.

• Driver licensing

• Drivers’ hours

• Public service vehicle operator licensing

3. Do you think that the National Assembly for Wales should be given competence over some or all of the exceptions listed above in relation to the provision of bus and coach services in Wales?  

National Assembly for Wales should be given competence in conjunction with the appointment of a Traffic Commissioner based in Wales who would be responsible for Public Service Vehicle Operator licensing to help meet the policy objectives in the Legislative Competence Order

Please give the reasons for your answer

We would be concerned that the National Assembly for Wales would have sufficient resource to carry out the extra tasks of managing the franchising process, or the administration and enforcement.

4. What are your views on the main objective of the proposed LCO which is to introduce a bus franchising system in Wales?  

Bus Users UK Cymru is broadly supportive, providing the Franchise system meets the reasonable needs of passengers and communities. The re- invented TrawsCambria service will be an interesting test of this philosophy.

5. What are your views on the use of the proposed LCO to provide the Assembly with the necessary powers to improve school transport safety?  

Any new powers must apply to all forms of school transport