Report of the Independent Review Committee on Hong Kong’s Franchised Bus Service The Honourable Mr Justice Michael Lunn, GBS Mr Rex Auyeung Pak Kuen, JP Professor Lo Hong Kam, JP December 2018 Printed by the Government Logistics Department Report of the Independent Review Committee on Hong Kong’s Franchised Bus Service The Honourable Mr Justice Michael Lunn, GBS Mr Rex Auyeung Pak Kuen, JP Professor Lo Hong Kam, JP December 2018 www.irc-bus.gov.hk IRC REPORT-INDEX Chapter Chapter Title and Sub-topics Paragraphs CHAPTER 1 The terms of reference 1-6 CHAPTER 2 The course of the Committee’s work 7-14 CHAPTER 3 The grant, regulation and monitoring of public bus service 15-76 franchises and their renewal • Statutory framework; Guidelines on Bus Captain’s Working Hours, Rest Times and Meal Break; and bus franchise agreements • Forward planning programme – black boxes; lack of use of its data; and training • Vehicle maintenance • The TD’s assessment of the performance of franchised bus operation • The renewal of franchises CHAPTER 4 Responses to the widespread publicly expressed concerns as 77-85 to the safety of franchised buses A. Sham Shui Po fatal accident – 22 September 2017 • (i) October 2017 – meetings between TD/franchised bus operators and TD/trade unions • (ii) 23 February 2018 – Revision of the Guidelines on Bus Captain’s Working Hours, Rest Times and Meal Break B. Tai Po Road fatal accident – 10 February 2018 • (i) 12 February 2018 – special meeting of the Tai Po District Council • (ii) 15 February 2018 – the Legislative Council Panel on Transport meeting • (iii) 12 March 2018 – KMB accident report • (iv) Mid-March 2018 – Working Group on Enhancement of Safety of Franchised Buses • (v) 10 April 2018 – KMB Action Plan • (vi) Early May 2018 – CTB’s Safety Committee CHAPTER 5 Guidelines on Bus Captain Working Hours, Rest Times and 86-115 Meal Break • Revision of the Guidelines: 23 February 2018 • The position of the TD • The position of the trade unions • The position of franchised bus operators • The position of the TD (on rest facilities) (i) Chapter Chapter Title and Sub-topics Paragraphs CHAPTER 6 KMB’s Accident Report and Action Plan 116-124 • Accident Report • Recommendations: safety belts and safety devices • Action Plan CHAPTER 7 A review of the safety measures on Tai Po Road 125-139 • Reduction of the speed limit and planned installation of a fixed speed enforcement camera • Earlier requests for additional safety measures on Tai Po Road CHAPTER 8 Working Group on Enhancement of Safety of Franchised 140-183 Buses • Membership and terms of reference • Safety devices • CTB/NWFB-Safety Committee and participation in the Working Group • NLB-participation in the Working Group • Ongoing work of the Working Group CHAPTER 9 Recruitment and training 184-207 • Training • Part-time bus captains CHAPTER 10 NLB’s use of non-franchised buses with drivers 208-212 CHAPTER 11 Tachograph/telematics or ‘black boxes’ 213-262 • The Hong Kong Institution of Highways and Transportation • CTB/NWFB • KMB/LWB and NLB • Openmatics: supplier of telematics systems to KMB and LWB • Digital map • KMB’s use of data obtained by the black box to monitor driver behaviour • KMB’s real-time operational management system CHAPTER 12 Speed limits 263-271 • Community for Road Safety • Low speed limits / speed limit zone • Speed survey of franchised buses (ii) Chapter Chapter Title and Sub-topics Paragraphs CHAPTER 13 Salary of bus captains 272-290 • NWFB and CTB • NLB • KMB/LWB CHAPTER 14 Difficulties in recruiting bus captains 291-300 • CTB/NWFB • KMB CHAPTER 15 Bus captain stresses and frustrations 301-339 • The Road Safety Council Stress and frustrations • (i) Illegal parking at and adjoining bus stops • (ii) Abuse / assaults on bus captains • (iii) Rest and toilet facilities CHAPTER 16 Professor Stanley: Melbourne 340-374 • Curriculum Vitae of Professor John Stanley • Melbourne: brief facts • Accreditation, safety principles and safety duties Recommendations • (i) Governance: accreditation; safety duties; and independent safety regulator • (ii) Bus captain training • (iii) Guidelines on Bus Captain Working Hours, Rest Times and Meal Breaks • (iv) Standing Committee on Bus Safety • (v) Public disclosure of franchised bus safety data • (vi) Seat belts CHAPTER 17 Mr Weston: London 375-469 • Curriculum Vitae of Mr Mike Weston • London: brief facts TfL • The award of bus route contracts • Contract monitoring and performance management • Collaboration between TfL and bus operators • TfL’s bus safety management • Bus Safety Standard (iii) Chapter Chapter Title and Sub-topics Paragraphs • Bus Safety Innovation Challenge • Safety performance index • Cost / benefit analysis Recommendations • (i) Subsidised trials and installations by franchised bus operators of technological safety devices and bus driver training • (ii) Adoption of new technology • (iii) Safety data transparency • (iv) Enhanced collaboration between franchised bus operators and TD • (v) Independent safety regulator • (vi) Bus driver training • (vii) Speed limits lower than 50 km/h • (viii) Incentivising the safety performance of franchised buses CHAPTER 18 Report of the Working Group on Enhancement of Safety of 470-523 Franchised Buses – October 2018 • Proposed installation of in-vehicle safety devices • Trials of new safety technology • Other technological devices • Training for bus captains : Practice Note • Seat belts CHAPTER 19 The Transport Department’s ongoing response to the 524-544 submissions and evidence received by the Committee Proposed developments • Overview of proposed changes • Permanent Working Group / Bus Operators Forum • TD Technology Team The TD’s position on other matters • Availability of accident data to the public • Low speed limit zones CHAPTER 20 The franchised bus operators’ response to the submissions 545-555 and evidence received by the Committee KMB/LWB • The use of technology • Digital speed limit map • Excessive speeding: exception reports (iv) Chapter Chapter Title and Sub-topics Paragraphs CTB/NWFB • Digital speed limit map • Excessive speeding: exception reports • Revised threshold for audio / visual alert for excessive speeding CHAPTER 21 The Singapore LTA 556-567 • Training • Abuse of bus captains • Technological devices • Bus priority boxes and lanes • Quality of service standards – penalties CHAPTER 22 Competitive tendering for franchises 568-573 • Competition Commission’s submission • CTB/NWFB’s submission CHAPTER 23 Recommendations 574-669 CHAPTER 24 Summary of recommendations 670 CHAPTER 25 Epilogue: acknowledgements and In Memoriam 671-678 ABBREVIATIONS APPENDICES Appendix I – Declaration of interest Appendix II – Chronology of key events Appendix III – Guidelines on Bus Captain working hours, rest times and meal breaks Appendix IV – Information and Records relating to the bus service to be kept and provided by the Grantee included without limitation under clause 28(1) of the franchises granted to grantees prior to 1 June 2016 Appendix V – Information and Records Relating to the Bus Service to be Kept and Provided by the Grantee under Schedule II of Clause 28(1) of the Franchises Granted to Grantees on or after 1 June 2016 Appendix VI – Specifically identified interested parties who provided both written submissions and oral evidence; specifically identified interested parties and members of the public who provided written submissions only (v) LIST OF ABBREVIATIONS A ADL Alexander Dennis Limited AEB Automated Emergency Braking ANFA Average Net Fixed Assets ANPR Automatic Number Plate Recognition ASLS Active Speed Limiting System B BCM Bus Contracting Model (adopted in Singapore) BMCS Bus monitoring control system C CBR Cost: benefit ratio CCTV Closed-circuit television CE Chief Executive of the Hong Kong Special Administrative Region of the People’s Republic of China CMIS Case Management Information System Commissioner Commissioner for Transport Committee / IRC The Independent Review Committee on Hong Kong’s Franchised Bus Service CPC Certificate of Professional Competency CTB Citybus Limited D DQM Driver quality monitoring E EKEO Energising Kowloon East Office EQ Emotional quotient EQM Engineering Quality Monitoring ESC Electronic Stability Control ETA Estimated Time of Arrival E-ticketing Electronic fixed penalty ticketing system EWT Excess Wait Time F FAA Fare Adjustment Arrangement FB Franchised bus Federation The Federation of Bus Industry Trade Unions FPP Forward Planning Programme G GIS Geographical information system GPS Global Positioning System Guidelines Guidelines on Bus Captain Working Hours, Rest Times and Meal Breaks I ISA Intelligent Speed Assistance K KCM Kwoon Chung Motors Company Limited KMB The Kowloon Motor Bus Company (1933) Limited L LTA Land Transport Authority of Singapore LWB / LW Long Win Bus Company Limited M MTRCL MTR Corporation Limited N NLB New Lantao Bus Company (1973) Limited NWFB New World First Bus Services Limited O Ordinance / PBSO The Public Bus Services Ordinance, Cap. 230 P Police Hong Kong Police Force PSTH(T) Permanent Secretary for Transport and Housing (Transport) PTI Public transport interchange Q QoS Quality of Service standards R Regulations The Public Bus Service Regulations, Cap. 230A ROM Real-Time Operations Management System RSC Roll Stability Control S SDU Speed display unit Secretary for TH Secretary for Transport and Housing SPI Safety Performance Indicator SPIx Safety Performance Index T TAC Transport Advisory Committee TD Transport Department TfL Transport for London THB Transport and Housing