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Midland Metro Penalty Fares Order

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Midland Metro Penalty Fares Order Midland Metro Penalty Fares Order Transport and Works Act 1992 The Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 Report of Consultation Undertaken Rule 10(2)(d) TRANSPORT AND WORKS ACT 1992 THE TRANSPORT AND WORKS (APPLICATION AND OBJECTIONS PROCEDURE) (ENGLAND AND WALES 2006 THE MIDLAND METRO (PENALTY FARES) ORDER REPORT SUMMARISING CONSULTATION UNDERTAKEN 1 Introduction and Background 1.1 The West Midlands Combined Authority (WMCA) is a statutory body established by the West Midlands Combined Authority Order (2016 S.I. 2016/653) under the Local Democracy, Economic Development and Construction Act 2016. It is the successor body to the West Midlands Passenger Transport Executive ("the Executive"). 1.2 WMCA is responsible for the Midland Metro tram network which currently links Birmingham with Wolverhampton. The network was authorised under the Midland Metro Act 1989, the, the Midland Metro Act 1992 and the Midland Metro (No.2) Act 1992. It has since been extended by the Midland Metro (Birmingham City Centre Extension, etc. Order 2005 (being implemented in stages with compulsory powers refreshed by the Midland Metro (Birmingham City Centre Extension, etc.)(Land Acquisition and Variation) Order 2016 and the Midland Metro (Birmingham City Centre Extension, etc.)(Edgbaston Extension Land Acquisition Order) submitted on 4 April 2017), the Midland Metro (Wednesbury to Brierley Hill and Miscellaneous Amendments) Order 2005 (for which an application to refresh compulsory powers is due to be deposited on 8 December 2017) and the Midland Metro (Wolverhampton City Centre Extension) Order 2016. An application for a further extension (the Midland Metro (Birmingham Eastside Extension) Order was submitted on 4 October 2016. 1.3 A penalty fare regime was introduced on the Midland Metro by the Midland Metro (Penalty Fares) Act 1991 (“the 1991 Act”) but has not been updated since that time. Section 4 of that Act provides that: 'If a person travelling on a Metro vehicle, on being required to do so by an authorised person, fails to produce a fare ticket or a general travel authority, he shall be liable to pay a penalty fare if required to do so by an authorised person.' The current penalty fare is £10 (set by s.5 (1) of the Act). 1.4 Whilst the penalty fare of £10 may have been appropriate at the time of the original Act, more than quarter of a century ago, the impact of inflation on ticket prices has meant that this no longer serves as an effective deterrent to potential fare evaders, particularly given that the cost of a single end to end journey on the Metro is currently £4.10. The Midland Metro (Penalty Fares) Order – Report Summarising Consultations Undertaken 2 The Proposed Midland Metro (Penalty Fares) Order 2.1 In order to change the existing statutory penalty fare regime, WMCA must apply to the Secretary of State for Transport for an Order under the Transport and Works Act 1992. If made, the Order will amend the Midland Metro (Penalty Fares) Act 1991 and confer powers on West Midlands Combined Authority to make changes to penalty fares on Midland Metro in the future without being required to seek an Order from the Secretary of State for Transport. Instead, the Secretary of State for Transport would have a consultative role. 2.2 The powers conferred by the Order would empower WMCA to change the penalty fare by publication of a notice in the local newspaper(s) circulating in each area where passengers may get on or off Metro vehicles and would enable it to introduce in the future a two tier penalty fare system that will allow for a reduced penalty where it is paid promptly. It would oblige WMCA to consult - ahead of any specific change to the existing arrangements - with the Secretary of State for Transport, representatives of local authorities, representatives of passengers on the Metro and such other persons or bodies as WMCA considers it appropriate to consult. A cap on the maximum level of penalty fare that could be imposed would be set at level 2 on the standard scale in line with the maximum fine that could be imposed for fare evasion on summary conviction under the Act. The Midland Metro (Penalty Fares) Order – Report Summarising Consultations Undertaken 3 Purpose of this Report 3.1 This report summarises the consultation that has been undertaken by WMCA in relation to the application for the Order. The report has been prepared in accordance with Rule 10(2)(d) of the Transport and Works (Applications and Objections Procedure)(England and Wales) Rules 2006 (“the Application Rules”) which requires an applicant to submit: “A report summarising the consultation that has been undertaken, including confirmation that the applicant has consulted all those named in column (2) of the tables in schedules 5 and 6 to these Rules where authority is sought for works or other matters described in column (1) of those tables, or if not, an explanation of why not.” 3.2 This Order does not seek authority for any of the matters described in column 1 of the above tables, and there are therefore no organisations with which WCMA has a statutory duty to consult. The Midland Metro (Penalty Fares) Order – Report Summarising Consultations Undertaken 4 Non-Statutory Consultation 4.1 Although there is no statutory requirement for consultation ahead of the submission of the application for the Order, WMCA has nevertheless undertaken a thorough consultation exercise with key stakeholders and the users of the Midland Metro network. Introduction 4.2 From 31st October 2017 and 1st December 2017, WMCA undertook ‘TWAO consultation’ with councillors (listed in Appendix 1), Members of Parliament (listed in Appendix 1), the operator of the system (National Express Midland Metro (“NXMM”)), the independent watchdog representing the interests of tram users (Transport Focus) and the WMCA’s Metro Passenger Panel, as detailed below. 4.3 As part of this consultation, a notice was produced (see Appendix 2). The consultation invited feedback on the proposed amendments to the 1991 Act. Detail 4.4 The purpose of the TWAO consultation notice (see Appendix 2) was to engage with the general public and, particularly, users of the Metro about the changes being proposed by the powers sought in the TWAO application. 4.5 The notices were displayed at all stops along the network between 28th October 2017 2017 and 1st December 2017, see Appendix 3 for one example. A list of locations of the stops where notices were displayed is set out at Appendix 4. 4.6 The consultation notice was also put up on the websites of WMCA, Network West Midland’s (NWM) and NXMM’s websites (see Appendix 5) during the consultation period. 4.7 Councillors and MPs were emailed a copy of the notice (see Appendix 2 and Appendix 3) on 1st November 2017 using the WMCA's internal reporting structure, which made them aware of the consultation. A list of councillors and Members of Parliament contacted is provided at Appendix 1 to this report. No comments have been received from any of the recipients of the email. 4.8 The operator of the system (National Express Midland Metro (“NXMM”)) was consulted via a meeting the 19th October and a letter of support was subsequently received from NXMM (see Appendix 6). 4.9 The independent watchdog representing the interests of tram users (Transport Focus) was consulted by an email on the 20th October. It responded by email to confirm that it has no objections to the powers being sought in the proposed Order. 4.10 Members of the WMCA’s Metro Passenger Panel were consulted at the quarterly meeting held on the 7th December 2017. All but one of the attendees supported the proposal; one member had concerns that checks would need to be put in place, which have been included within the proposed order. Further Feedback received 4.11 Campaign for Better Transport also sent a letter of support for the TWAO (see Appendix 7) to the WMCA stating it supported the devolution of alterations to the The Midland Metro (Penalty Fares) Order – Report Summarising Consultations Undertaken current regime as well as the introduction of a two tier system. It also commented that there should be the right of appeal through an independent ombudsman such as Transport Focus and that Transport Focus should also have a consultative role on any changes that are being proposed to penalty fares. Transport Focus has been specifically consulted about the proposed TWAO and the proposed Order provides for consultation with users of the system and other such bodies when changes are proposed by the WMCA. In addition, the WMCA already has an appeals process in place, as required by Transport Focus, and as is supported by them. 4.12 There was also a response from Sandwell Visually Impaired (“SVI”). That group stated that it had circulated the consultation information to its members. The one member of SVI who responded to the consultation had no objections to the proposals. 4.13 One response was received by a member of the public who expressed support for the proposals, as well as making some general comments about collection of fares. The Midland Metro (Penalty Fares) Order – Report Summarising Consultations Undertaken 5 Ongoing Consultation 5.1 In accordance with Rule 14 of the Application Rules, all documentation submitted as part of the Order application will be available for inspection in hard copy at the WMCA offices (address and opening times below), as well as being accessible to download from the WMCA website (https://www.tfwm.org.uk/development/midland-metro- extensions/) and available to purchase in hard copy via the address below.
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