AGENDA ITEM NO.: Originator: R MILLS Tel: 247 4557 REPORT OF THE HEAD OF SCRUTINY AND MEMBER DEVELOPMENT MEETING: SCRUTINY BOARD (TRANSFORMING SERVICES) DATE : 27TH OCTOBER 2005 SUBJECT : INQUIRY TO CONSIDER THE PROCEDURES AND CONSULTATION ARRANGEMENTS WHICH BUS COMPANIES ARE REQUIRED TO FOLLOW WHEN THEY WISH TO CHANGE BUS TIMETABLES AND OR BUS ROUTES Electoral Wards Affected : ALL Specific Implications For : Ethnic Minorities Women Disabled People 1.0 INTRODUCTION 1.1 The Scrutiny Board at its meeting on the 29th September 2005 (Session 1), approved the attached terms of reference (Appendix1) for an inquiry to consider the procedures and consultation arrangements which bus companies are required to follow when they wish to change bus timetables and or bus routes. 1.2 The second session of the Board’s inquiry is scheduled for this meeting. 1.3 The West Yorkshire Passenger Transport Authority / Passenger Transport Executive (METRO) and the Director of Planning are requested to give evidence to this meeting. 2.0 SUBMISSION OF WRITTEN EVIDENCE 2.1 The reports of the Director of Passenger Services, West Yorkshire Passenger Transport Executive and the Director of Planning are attached for consideration by the Board. 3.0 RECOMMENDATIONS 3.1 The Scrutiny Board is requested to consider (i) the attached reports of the West Yorkshire Passenger Transport Executive and Director of Planning and ask questions of the witnesses attending the meeting (ii) determine what, if any, further information the Scrutiny Board requires (iii) confirm the witnesses the Board wish to invite to their next meeting. APPENDIX1 SCRUTINY BOARD (TRANSFORMING SERVICES) INQUIRY TO CONSIDER THE PROCEDURES AND CONSULTATION ARRANGEMENTS WHICH BUS COMPANIES ARE REQUIRED TO FOLLOW WHEN THEY WISH TO CHANGE BUS TIMETABLES AND OR BUS ROUTES TERMS OF REFERENCE 1.0 INTRODUCTION 1.1 As a consequence of discussions held by the Scrutiny Board in July 2005 on bus services in the community of Scholes, Members resolved that they wished to undertake an Inquiry to consider the framework within which bus services are delivered and the procedures and consultation arrangements which bus companies are required to follow when they wish to change bus timetables and or bus routes. 1.2 In considering these terms of reference it is acknowledged that as bus services are operated by external providers, the Scrutiny Board can only invite, not insist, that representatives of the bus companies and the Passenger Transport Authority and Metro attend relevant Board meetings. 2.0 SCOPE OF THE INQUIRY 2.1 The purpose of the Inquiry is to make an assessment of and, where appropriate, make recommendations on the following areas: • When bus companies want to change bus timetables and or routes what are the procedures and consultation arrangements they are required to follow? • What opportunities exist for the Council and the public to influence bus routes and quality and frequency of bus services? 3.0 COMMENTS OF THE RELEVANT DIRECTOR AND EXECUTIVE MEMBER 3.1 In line with Scrutiny Board Procedure Rule 12.4 the views of the relevant Director and Executive Member have been sought and have been incorporated where appropriate into these Terms of Reference. Full details are available on request to the Scrutiny Support Unit. 4.0 TIMETABLE FOR THE INQUIRY 4.1 The Inquiry will take place over four sessions with a final report being produced in December 2005. 4.2 The length of the Inquiry is subject to change. 5.0 SUBMISSION OF EVIDENCE 5.1 SESSION ONE – 29th September 2005 To agree Terms of Reference for this Inquiry. 5.2 SESSION TWO – 27th OCTOBER 2005 The West Yorkshire Passenger Transport Authority and Passenger Transport Executive (Metro) to give evidence by providing a report and presentation covering the following: • How bus services are delivered in Leeds and the surrounding area? • What is the legal position with regard to the provision of bus services and who is allowed to operate these and what restrictions apply? • What is the role of Metro and the Passenger Transport Authority in this process? • What is the procedure for timetabling bus services? • What consultation procedures are bus operators required to follow when proposing changes to bus service provision and routes or increasing fares? • What are “Bus Quality Partnerships” and “Bus Quality Contracts”? • What cost and risk assessments are carried out when bus operators wish to change bus routes or vary services and what is the review process after implementation? • Whether the West Yorkshire Passenger Transport Authority can reduce the subsidies it pays to bus operators who change bus routes and vary services and what other penalties can be applied to bus operators in these circumstances? • Details of complaints received from the public as a consequence of bus companies varying bus services and or changing bus routes in 2004/2005 and what action was taken as a result of those complaints? • What sanctions are available to the West Yorkshire Passenger Transport Authority when operators fail to perform to punctuality and reliability standards on commercial and tendered services? • What powers do the West Yorkshire Passenger Transport Authority have to secure integration between bus services and other public transport modes. The Director of Development to report on the Local Transport Plan in relation to bus services in Leeds. 5.3 SESSION THREE - 24th NOVEMBER 2005 To receive evidence from the following witnesses: • Managing Director of First Bus Group • Operators Group representing bus companies • Transport 2000 • Voluntary Groups including representatives from the community of Scholes involved with the deputation to Council on bus services. The Board to consider initial conclusions and recommendations. 5.5 SESSION FOUR – 22ND DECEMBER 2005 To finalise the Board’s comments and recommendations. 6.0 WITNESSES 6.1 The following witnesses have been identified as possible contributors to the Inquiry: • West Yorkshire Passenger Transport Authority • Passenger Transport Executive (Metro) • Director of Development • Managing Director First Bus Group • Operators Group representing bus companies • Transport 2000 • Voluntary Groups including representatives from the community of Scholes LEEDS CITY COUNCIL – SCRUTINY OF BUS SERVICES SCRUTINY BOARD (TRANSFORMING SERVICES) 27TH OCTOBER 2005 INFORMATION REQUESTED FROM METRO 1.0 The Legal Framework for the Provision of Bus Services in Leeds and the Surrounding Area 1.1 Outside London, operators provide bus services in the main on a commercial, profit-making basis. Metro refers to these as commercial services, and these account for about 80% of bus mileage. 1.2 Some services, about 20% of bus mileage, are operated under contract to Metro, who refers to these as tendered services. 1.3 Private companies provide all bus services in West Yorkshire. Metro is not allowed by law to run (or even own) buses. 1.4 To run a bus service, an operator needs to have an Operator’s License that is granted by the Traffic Commissioner. To qualify for a license a person has to show that they are of “good repute”, have sufficient financial standing and have adequate maintenance facilities. Once they have a license they have to give eight weeks notice to the Traffic Commissioner that they want to run a service (this is known as “registration”). There are very few grounds for the Traffic Commissioner to refuse a registration and these powers are rarely invoked. 1.5 Metro and the Traffic Commissioner have no control over what timetable is run or what fares are charged on commercial services. 1.6 The Traffic Commissioners’ surveyors monitor services to make sure that operators are doing what they said they would do on their registration. The Traffic Commissioner has very little resource for this activity. 1.7 The Vehicle Inspectorate also checks operators to make sure that they are maintaining their buses in accordance with their license. 1.8 The Traffic Commissioner can impose penalties on operators if they are either: • Failing to run services in accordance with their timetable to an unreasonable extent • Failing to maintain their buses to the required standard • Have been found guilty of an offence that would mean they have lost “repute” 1.9 The penalties available are financial, removing operators off a service, reducing the number of buses they can operate or revocation of license (usually only used in the case of loss of repute). In most instances, a first offence (unless very serious) would receive a formal warning. 2.0 Role of Metro 2.1 Metro spends over £35 million each year in supporting bus services through tendered service contracts and concessionary travel 2.2 Metro is not the regulatory body for local bus services and cannot determine routes, fares, frequencies, or vehicle type for services provided on a commercial basis. Metro is not allowed to run (or, in general, even own) buses. 2.3 Metro seeks to influence operator decisions on commercial services through ongoing dialogue. 2.4 Metro has a duty to consider social needs not met by commercial services and a power to secure these. Metro secures socially necessary services from operators, usually through competitive tender (although there is not a strong market with, on average, 1.04 bids per tender). 2.5 Metro provides passenger facilities (bus stations, stops and shelters), passenger information, administers the MetroCard scheme and funds and provides a comprehensive concessionary travel scheme. Metro coordinates the production of the Local Transport Plan. Metro works in partnership with operators, District Councils and others to improve provision and encourage the use of bus services. 2.6 Metro is generally regarded as a well-run and effective PTA/E, is a Guardian Top 100 employer and has gained numerous national awards including the innovative investments with Leeds City Council on guided busways. 3.0 Route Planning and Timetabling 3.1 On commercial services, bus operators plan and timetable their own services.