INSIGHT: LAW-MAKING

general competence power are in hand. leaf are a few of the measures adopted Region, Greater London, the Sheffield City The problem is that building transport elsewhere. Region, West Midlands, West Yorkshire and infrastructure invariably takes a local Strasbourg (detailed on page 27) has Tyne & Wear. authority into the sort of sums only the published a 2030 transport plan that calls He says: “We have already seen central government can allocate because for only 32% of journeys to be by , with Nottingham bring in a workplace park- A lack of they are beyond what a council can raise 36% on foot and 16% each by and on ing levy and London introduce conges- from its own resources. bicycles. tion charging, but city regions need With council tax increases effectively This compares with half of journeys more options at their disposal for raising capped at 2% a year and business rates having been by car in 1988, when there were additional funding for . income also under constraints, a British 10% of journeys by bike, 33% on foot and “Better mechanisms for capturing some authority council cannot just decide that a project is just 7% by public transport. of the increases in land value that new pub- worthwhile and raise the money itself. The city has successfully brought together lic transport schemes can trigger is one way One might be forgiven for thinking councils have the power to overcome transport Councils do have ‘prudential borrowing’ the development of its transport network of doing this. However, it should be remem- powers, but the crucial word is ‘pruden- and land use planning. But could such an bered that the potential for this varies problems in a ‘single bound’. But, in many instances, they do not control enough tial’. They cannot just borrow as they please approach be followed here, at least in places dependent on how strong local economies of the component parts to allow a co-ordinated approach, reports Mark Smulian – even at today’s low interest rates – and where planning and transport come under are. So, it is not a universal panacea.” must look enviously at counterparts abroad the same local authority? UTG said earlier this year in its The Place who can, as a matter of course, finance Jonathan Bray is director of the Urban To Be report that transit-oriented develop- here is no lack of potential proposed the installation of thousands of And this is despite them having what, on infrastructure through issuing bonds. Transport Group (UTG) which represents ments – effectively what Strasbourg enjoys solutions to reducing zebra crossings across the area only for paper, looks like extensive powers. The Even when a measure might need lit- England’s strategic transport bodies in – “are transforming cities for the better”. traffic, with smart transport the Department for Transport (DfT) to block Localism Act 2011 handed English local tle funding, a British local authority cannot Greater Manchester, the Liverpool City Unsurprisingly, though, UTG identified “a T initiatives including everything these on the grounds that crossings must authorities the power of general compe- always make it happen. series of obstacles and barriers which need from on-demand services to electric have a connected electricity supply, Belisha tence, which, essentially, permits them to For example, allowing the use of electric to be addressed”, before such an approach scooters under consideration worldwide. beacons and zig-zag markings. do anything not specifically barred by law. scooters would not, in itself, cost much. But could be taken in the UK. In Britain, though, there is a relative lack Sheffield’s tram system notoriously fell Powers are less wide in Scotland and it would have no power to authorise them City region authorities would need of opportunity for local authorities to imple- victim to competition from deregulated Wales though, in both, moves towards a since this is a matter for the DfT and powers to make transit-oriented ment these solutions because they soon in the early 1990s – which the city its devolved equivalents. developments happen and to come up against the limits of their powers. council was powerless to prevent – and was In other countries, things are deliver benefits that could An example of centralised power rare later taken over by operator Stagecoach. different and local govern- improve health, provide ‘clus- in other advanced countries saw Greater British local authorities also lack the ments have led the way in ters’ that would promote busi- Manchester’s walking and cycling commis- financial flexibility required, for example, to transport innovations. This We have already seen Nottingham bring ness growth, reduce conges- sioner, Olympic athlete Chris Boardman, impose a tourist tax and use the proceeds might turn UK councils tion and provide new homes run into trouble last summer when he for public transport. green with envy, but over- in a workplace parking levy and London without urban sprawl. introduce congestion charging, but city regions need more options at their disposal for raising additional funding locally for public transport investment

Jonathan Bray, Urban Transport Group

About the author Mark Smulian is a freelance journalist specialising in local government, law, travel, transport, housing, construction and planning. He has featured in a wide range of publications including the Local Government Chronicle, Civil Service World, Law Society Gazette and the Sunday Telegraph. He is also a former editor of Housing Today and news editor at Inside Housing and Surveyor.

22 ISSUE 4 • NOVEMBER 2019 WWW.SMARTTRANSPORT.ORG.UK WWW.SMARTTRANSPORT.ORG.UK ISSUE 4 • NOVEMBER 2019 23 INSIGHT: TRANSPORT LAW-MAKING

Innisfil, ontario: a ride-share solution Innisfil, like many new suburban settle- ments in North America, was built to a low density with in mind and, indeed, was so car-based that it had no public transport at all. The town of 36,500 residents is about an Madrid: able shared transport, says: “It is unlawful Dilks says: “I’m not aware of anywhere hour’s drive north of Toronto and had long electric scooter solution to use mobility scooters in the UK except that allows e-scooters only in cycle lanes been searching for a solution to its lack of In February 2019, Madrid City Council took on private land as they are not recognised and, even if they did, those only go so far public transport as it sought to reduce car the plunge by authorising 18 shared electric by law and fall between two stools rather a because cycle lanes only cover relatively dependency. scooter providers to operate in the city. long way apart for a definition – they are not small percentages of all highways – even in Its problem was how could affordable and This amounted to 8,610 scooters being powered bikes, which are legal, or mopeds. countries that have lots of them – and you reliable transportation be brought to a com- provided for public use and regulated by the “To be used they would have to be legally 18 still have to start and finish most journeys munity dispersed across a large geographi- council’s Sustainable Mobility Ordinance. defined as something in micro-mobility but the number of on non-cycle-lane . cal area with a small, but rapidly growing, Ceilings have been set in each district of that is difficult as no one knows what might shared electric “There are issues with safety and insur- population? the Spanish capital so unreasonable con- come next. Designers could put electric scooter ance but those can, of course, be more Innisfil’s town council decided a traditional centrations of scooters are avoided. motors in all kinds of things and so we do easily overcome in operator fleet systems system using buses would not work. Companies authorised to provide scoot- not know what micro-mobility might look providers where people hire them as needed rather As deputy mayor Lynn Dollin says: “There ers must have insurance for users and third like in future. operating than own them for themselves.” would be a big price tag attached to it and parties, offer geolocation and use apps “Ideally, It would need primary legislation in Madrid it would serve only a small portion of the designed so scooters cannot start or finish written so secondary legislation could be Los Angeles: municipality.” journeys in areas of the city where they are used for new forms of transport yet to be a travel card solution In May 2017, it introduced what is thought not permitted. developed.” Transport for London (TfL) is the UK’s most to be the first partnership of its kind with They must also start each day with scoot- Dilks suggests e-scooters could have a powerful local transport body and the newer ride-sharing taxi firm Uber, to offer resi- ers in the neighbourhoods and districts for role for first- and last-mile journeys if they regional bodies for the north and Midlands dents an affordable and convenient trans- service to cover all of Innisfil and Innisfil’s A separate company, Barrie Taxis, holds which they have obtained a permit. were legal, but that depends on the DfT. may one day acquire wider powers. port option named Innisfil Transit. approached Uber. link with Uber the for journeys requiring an Electric scooters are prohibited from “It is not straightforward, but taking a They are, though, not in the commanding Since its launch, the council says it has The council and Uber then collaborated to has provided accessible . pavements, bus lanes, streets with more head-in-sand approach is not the way for- position of LA Metro, which controls trans- provided not only thousands of rides, but devise Innisfil Transit, which offers residents income for According to the Commonwealth Local than one lane in each direction and from ward here – e-scooters can play a helpful port of all kinds in the Los Angeles region, given an income to hundreds of local drivers flat fare rides to popular destinations. hundreds of Government Forum, taxes are the most of the orbital motorway. They can use role in our future mobility and people like to with an independent granted by the who participate. Innisfil Transit was built ‘on top’ of Uber’s local drivers single most important source of revenue for cycle lanes and tracks of which Madrid has use them,” he says. California state government which puts it According to the council, the idea began car-pooling service Uberpool, which local governments in Canada, which each 342 kilometres, with another 13km due to “We are, though, one of only a handful of above any local authority. when its chief administrative officer Jason matches riders going in the same direction sets to cover the cost of services not funded be added in 2019. industrialised countries where they cannot Even in such a notoriously car-dependent Reynar noticed a resident walking along so they can share a vehicle and the cost of by provincial or federal government finan- Scooters must observe speed limits on be used. In western Europe they are legal area, it has been able to use this position to a main road in winter with heavy grocery the ride, making more efficient use of cars. cial transfers. The latter are mostly grants public roads and while they may travel in pretty much everywhere else.” expand its Tapcard – a travel card a little like bags. Uber has said that the council saves for specific purposes. public parks (anywhere bikes are allowed), There is clearly an issue of how e-scooters London’s Oyster – from metro and He offered her a lift and the women C$8m (£4.75m) a year compared with run- Innisfil’s experience has no real UK they are confined to five kilometres per hour. interact with pedestrians and Dilks thinks buses to other modes of transport. described the problems of getting around ning conventional bus services with the equivalent since, despite substantial service They must be parked in places designated pavements would not be right for them. It has connected Tapcard to a bike-shar- Innisfil with neither a car nor public trans- same kind of town-wide reach, but spent 8minutes cuts in many places, there are no towns of for motorbikes and bikes and where these On the other hand, limiting them to the ing system and is working on connecting port. Reynar, as a result, asked council staff only C$165,535 (£98,300) on Innisfil Transit Innisfil’s size devoid of bus services. are not available may be parked on a pave- ‘public highway’ brings a further host of Riding an with more than 20 other account-based to investigate transport options. rides in its first eight months. Nor are UK towns, or urban extensions, ment provided a three-metre gap is left. questions since the quality and suitability e-scooter on the providers, including scooter sharing, micro- Consultants had earlier recommended The service claims an average wait normally now planned at low density Scooter drivers must be aged at least 15. of such highways for e-scooters can vary street is not yet transit, car parking and electric vehicle car a traditional bus option with one or two time for a vehicle of eight minutes and 48 around an assumption of widespread car Those aged below may use them in author- enormously. legal in the UK charging. fixed routes. But this would have cost the seconds and is available round the clock. ownership. ised places under parental supervision. town C$231,000 (£137,000) in gross capital In its first eight months, Innisfil Transit While transport authorities may subsidise The city used its own powers to launch costs and C$330,000 (£196,000) in operat- carried some 3,400 users on 26,700 trips. 48 bus routes that are judged socially neces- e-scooters onto its streets, but no UK coun- ing costs. Even this sum was for a service Uber had the advantage of being the only seconds sary but commercially unviable, a deal such cil could do this since their use is unlawful. during only working hours and which would bidder which at the time could offer an app- –the waiting as that between Innisfil and Uber might Spain’s capital is classed, despite its size, have left many areas unserved. based platform that would facilitate ride- time for a ride also raise complications under regulations simply as a municipality. But, given it eas- Staff recommended an on-demand sharing. that govern state aid to private businesses. ily exceeds 50,000 inhabitants, it enjoys control over urban transport and environmental protection. The Ministry of Local Government says Spain’s councils have financial autonomy and self-sufficiency. This means they can make their own decisions on resources and how to spend them. They can raise money from combi- nations of income from assets, local taxes, public fares and income from fines among other sources. Could such an operation be matched in the UK? Richard Dilks, chief of CoMoUK, a charity that promotes sustain-

24 ISSUE 4 • NOVEMBER 2019 WWW.SMARTTRANSPORT.ORG.UK WWW.SMARTTRANSPORT.ORG.UK ISSUE 4 • NOVEMBER 2019 25 INSIGHT: TRANSPORT LAW-MAKING

MaaS Movement looked at various regulatory approaches but concluded “full MaaS regulation required intervention to ensure policy objectives such as air quality and reduced congestion could be met”. That would mean “sub- Taking a head-in-sand approach is not the stantial regulation is way forward here – e-scooters can play a required with either the MaaS scheme operated by helpful role in our future mobility and the authority and suppliers people like to use them operating transport services or MaaS schemes being tightly governed in terms of pricing Richard Dilks, CoMoUK and services offered”. Deregulation of buses outside London, it noted, hampered the abil- ity of transport authorities to co-ordinate services and ticketing while rail franchising meant that transport authorities could not have full control over pricing. Case Study: The transformation of

LA Metro is moving towards mobil- LA Metro is separate from both the city Los Angeles’ Conclusion ity as a service (MaaS) and expects these and county of Los Angeles and serves 88 Tap system There tends to be a public outcry when local Strasbourg – learnings for UK cities additional services to be added over the next cities within this area. works along planning and transport authorities send year, allowing users to have one payment It is governed by a 13-member board that similar lines staff and elected members on expenses- Andy McDonald, shadow Secretary of State for Transport, reflects on a method. This will be a hybrid system that includes the mayor of Los Angeles and to London’s paid trips abroad to look at examples of how enables connection between the present three of his appointees, the county’s five Oyster card things are done. city that has used development of a modern tram network to replace card-based system and the new account- supervisors and four representatives from Perhaps though it is time to be brave, based system. the other cities. given the amount to be learnt from how car dominance and create a highly liveable, vibrant environment Tap cards are also accepted by 24 bus Bray says of Los Angeles’ MaaS: “There is authorities are tackling smart transport operators within Los Angeles County. a range of options for transport authorities initiatives such as those in Los Angeles, recent visit to the city centre and enhancing safe bits of transport technology, but as This has been done against a background around the world on the role they may want Strasbourg, Madrid and Innisfil. Strasbourg gave me segregated cycle access. the drivers of urban rejuvenation and – somewhat unusual in developed cities – of to play on MaaS – from letting the private Some may be irrelevant and some may an opportunity to The These successes have only been redevelopment. public transport use falling. sector take the lead to taking on the role of involve the use of powers so far beyond A see what the city has Cathedral made possible thanks to the vision An LA Metro spokesperson says: “This MaaS provider themselves. those available here that they cannot be achieved through public owner- Square and determination of local politicians. Public ownership expansion of the Tap programme and “There is a challenge on the latter outside practically pursued. Others ideas, though, of its transport network, fully – before Catherine Trautmann was elected plays a key role usage over the next year hopefully will make London because transport authorities do may be ‘borrowed’. coordinated with a highly strategic (as a car mayor of Strasbourg in 1989 on a Strasbourg has a municipally- it easier and more convenient to use transit. not control what is the core of any MaaS Strasbourg has wider powers than a approach to land-use planning. park) and promise to transform the city around owned company that runs all public “In the US, there has been a decrease in offer: the local public transport network. British local authority, but, with the UK I am most grateful to those I met after (as an entirely new tram system. transport ( and buses), and, transit ridership primarily on the bus side, “One reason, of many, why we have called Government keen to sell off surplus public from the local government and the a café She chose to lead public opinion, moreover, the city authority owns due to economic factors – a good economy, on Government to give all city region trans- land for housing deals, it may be possible surrounding Grand-Est region for square) not just to follow it, even when that the key development sites. This has cheaper prices on , increased vehi- port authorities the power to take control for development on the basis of providing the information on which this article carried political risk by challenging allowed the creation of an extensive cle ownership, lower (fuel) prices and ride- of their local public transport networks is high quality transport. is based. the idea that everyone could drive tram network to support the con- share services like Uber and Lyft.” so that all the options are open to them on With e-scooters, given the UK is some- Local government has brought their cars wherever and whenever struction of new housing, including LA Metro has launched its NextGen Bus what role they want to play on MaaS.” thing of a peculiarity in banning them, it together development of the city’s they wanted. social housing, meaning the city Study aimed at reimagining the bus system The UTG issued a report on MaaS earlier appears sensible to plan for their coming. transport network and urban land- Her successor, Roland Ries, who is expanding in a sustainable way, to attract more riders. It is also continuing to this year, MaaS Movement, in which it said If even Los Angeles can plan to reduce use planning with great success is serving his second period as prioritising its citizens, not the prof- build the region’s rail system. successful schemes could incorporate car use, then UK authorities can look to – things that are too often discon- mayor, is continuing that vision. its of housing developers or private Metro, more properly the Los Angeles multiple modes into a single application, creatively use the powers they have and the nected in UK cities. As Ries, puts it: “The success of transport operators. County Metropolitan Transportation giving user benefits such as personalised 24 extra devolved powers for city regions are Strasbourg has invested in a fan- Strasbourg’s mobility policy … is not Authority, is an agency created by the State services, ease of payments and dynamic bus operators steps in the straight direction. tastic public transport system based a technical choice. It is an urban What happened / of California . journey management and planning. in Los Angeles It seems fair to say the British policy envi- on trams and buses, while, crucially, policy choice that promotes one what has been achieved It operates buses, trains and planes and A fully comprehensive MaaS offer could County accept ronment is moving slowly in the direction at the same time deliberately and mode of transport over another.” Strasbourg was once chock-a-block builds infrastructure projects throughout mean fewer people chose to use private the Tap card of being more helpful for smart transport progressively excluding vehicles from The vision is not of trams as smart with cars, but the introduc- Los Angeles County, a wider area than the vehicles, creating a situation where, as the initiatives, but also that it lags behind many city itself. UTG puts it, “usership replaces ownership”. other developed countries.

26 ISSUE 4 • NOVEMBER 2019 WWW.SMARTTRANSPORT.ORG.UK WWW.SMARTTRANSPORT.ORG.UK ISSUE 4 • NOVEMBER 2019 27 INSIGHT: TRANSPORT LAW-MAKING

tion of the tram system and the creation of a park-and-rides on the outside of the central zone, it is now a city where residents and visitors can get everywhere just by walking and taking public transport. The tram system has seven lines, all of which serve the city centre and branch out to different suburbs. In the city centre, at the Gare Centrale main railway station, where four of the seven lines intersect, a number of the trams pass under- neath, allowing for a large, quieter, pedestrian-friendly square outside the station.

How did they pay for it? The mayor used a payroll tax levied only on firms with 11 or more employees. This revenue, ‘Versement Transport’, is dedicated solely to transport investment. A maximum levy has been set nationally at 2%, and Strasbourg is allowed to utilise this maximum because it is developing a tram network, its population is in the top band, and because it is classified as a tourist city. The tax is paid by the companies, but is collected with income tax. It brings in €100m (£860,000) per annum for Strasbourg and has underpinned the renaissance of tram systems throughout France. The Strasbourg city-region author- ity, Eurometropole, encompasses the city centre and its 32 surrounding districts. Eurometropole has an overall budget of €160m (£138m). On top of the €100m from the Versement Transport, €50m (£430,000) is gath- ered from fares and €10m (£8.6m) from other sources. A Strasbourg street – Because Eurometropole owns Strasbourg, with many choosing before (spoilt by car parking) the land on which the development to make their homes in the newly- Strasbourg’s vision and now (a fine boulevard) projects are built, it has been able to constructed, affordable social hous- Crucial to the mobility plan is the city capture the uplift in land and prop- ing, where sheltered tenements are authority’s ownership of both the created, with compact, mixed-use erty values resulting from the new interspersed among the develop- public transport network and the development, so homes, jobs, transport infrastructure. ments to create a diverse commu- major development sites which has shops, facilities, recreation are all nity, always in walking distance from allowed for strategic integration of close together and easily reached by balance of homes and jobs an accessible, municipally-owned, land use planning and transport. foot or by bike. Furthermore, and vital to the public transport hub. Eurometropole has overseen Public transport facilities have sustainability of the expansion of Strasbourg has shown what is a transit-oriented expansion of been established in advance of Strasbourg, there is a ratio of 1:1 for achievable, with vision and political Strasbourg, building compact devel- property development so new resi- the number of new homes built and leadership. opments around public transport dents can rely on sustainable trans- jobs expected to be created, with As shadow Secretary of State for hubs, so they are all within easy port from the moment they move in, 10,000 of both expected to be pro- Transport, I want to see authorities walking distance. As a result, a and never get into the habit of using vided by the current projects. around the UK given the opportunity ‘city-of-short-distances’ has been a car to get around. So, the future looks bright for to follow its lead.

28 ISSUE 4 • NOVEMBER 2019 WWW.SMARTTRANSPORT.ORG.UK