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4 Meeting the aims and objectives of Bus Policy

Current Bus Policy

4.1 It is important for the transport authority to consider their current policies as laid down in their local transport strategy and their regional transport partnership's regional transport strategy in determining the appropriate way forward. The primary reason for establishing a sQP should be to contribute to a sustainable transport network that is accessible to all; attractive so as to encourage modal shift from less sustainable modes, and to reduce or limit traffic congestion, noise or air pollution.

4.2 Once the authority/authorities are clear what they are trying to achieve then they need to determine the appropriate tool to deliver the policy. Current partnership working on a voluntary basis between transport authorities and operators has achieved significant results to date. The improvements delivered have greatly benefited public transport users throughout Scotland. To date the voluntary arrangements have worked well, and many of these can be as effective as sQPs. Transport authorities, however, where they determine there is a need, can consider the move towards a sQP to achieve improved public transport provision in their area and to meet their relevant general policies.

4.3 At an early stage of the process a review of the effectiveness of existing partnership agreements should take place to establish if there is a need to move towards a sQP. If the only method of achieving this is by a move towards a sQP then the authority must be clear on the rationale behind doing so.

Reasons for establishing a sQP

4.4 As discussed, the primary reasons for establishing a sQP should be to contribute to a sustainable transport network that is accessible to all; attractive so to encourage modal shift from less sustainable modes, and to reduce or limit traffic congestion, noise or air pollution.

4.5 The desire for a sQP should not be derived from any sense of failure of any component of the local bus transport network. Existing legislative powers and duties can deal with 'failure' of service provision through implementation of a Quality Contract ( QC) scheme.

4.6 A QC enables local transport authorities to determine what local bus services should be provided in their area and to what standards, and then undertake contracts with bus operators through the competitive tendering process, giving them exclusive rights to undertake services to the defined specification.

4.7 Within Scotland, an authority must be satisfied that a QC is necessary to implement the policies set out in the local transport strategy or strategies in the area to which the proposed scheme relates and is done so in a way that is " economic, efficient and effective".

4.8 The sQP should be seen as a desire to improve local bus services for the benefit of customers, the operators and the transport authority; by providing a sustainable reliable and quality bus network through documented and quantified measures of intervention with identified responsibility of deliverables. It should be used as a commitment to partnership working to achieve common goals and aspirations whether this be from the bus operators business plan or the transport authorities Single Outcome Agreements.

Objectives of a sQP

4.9 A set of clear objectives must be derived to enable delivery of a sQP. It is important to make these objectives SMART (Specific, Measurable, Achievable, Realistic and Time Specific) to demonstrate the impact of a sQP on other policies, strategies and objectives in the monitoring and evaluation stage.

4.10 A sQP cannot circumvent or replace the primary legislation regarding the powers and duties placed on operators and or transport authorities. As previously stated, it is not used as a tool to deal with market failure. Equally it should not be drafted in such a way as to have punitive measures imposed on the operator or transport authority in the event of non delivery of any components of the sQP.

4.11 It is also not a tool to restrict or inhibit competition between operators offering the same level of quality bus service provision.

4.12 Objectives that may be considered as part of a sQP include:

• providing quality transport for those without use of a car;
• improving modal choice;
• improving the overall image of bus services;
• marketing and promoting services;
• maintaining good and consistent information;
• increasing bus patronage;
• promoting confidence in the bus service network;
• reducing delays to bus services;
• better customer relations and more customer focussed standards;
• ensuring comfort and convenience across the whole journey;
• maintaining consistent standards of cleanliness;
• ensuring safety and security throughout the whole journey;
• ensuring interchange is not a major barrier to travel;
• increasing mobility and reducing barriers to bus use;
• contributing to social inclusion policies;
• reduction in air pollution; and
• reduction in noise pollution.

4.13 The relevant objectives in the list above would have to be further developed to produce SMART objectives with related indicators and targets with which to measure progress by.

Key features of a sQP

4.14 A sQP is "made" by the transport authority or authorities after consultation with operators and other relevant organisations which cover a defined geographical area; it is not an agreement between parties. The sQP will be available for any operator in the relevant area to join, by giving an undertaking to the Scottish Traffic Commissioner to provide the required standard of service in exchange for the right to use the facilities (e.g. bus infrastructure) provided under the scheme. (See Appendix C)

4.15 While no operator is obliged to participate in a sQP those that do so must give a written undertaking to the Scottish Traffic Commissioner that they will provide local services to the specified standard when using the facilities included in the sQP.

4.16 Where a voluntary partnership commits each party to a programme of incremental improvement over time there is no mechanism to prevent non-participating operators using the improved facilities in competition with those operators that have entered into the agreement.

4.17 In contrast, a sQP excludes the operators that do not participate from using those facilities. This is backed by enforcement powers to the Scottish Traffic Commissioner against non-participating operators that use the facilities without complying with the requirements of the scheme.

4.18 It should be noted that an operator is not prevented from operating along the same route as long as the service is registered with the Scottish Traffic Commissioner but the operator would be prevented from using the facilities provided unless the relevant undertaking to the Scottish Traffic Commissioner has been given that they will meet the standard of service within the scheme.

4.19 If an operator considers that the transport authority put an unreasonable obligation on them for use of the facilities within the sQP then it can call for the application of the Competition Test. The sQP is also subject to the requirements and prohibitions of the Competition Act 1998 (see Chapter 12 'Competition considerations').

Benefits of a sQP

4.20 There are benefits to both transport authorities and bus operators in having statutory backing behind their partnership. These powers are outlined below.

Transport authority

4.21 A principal benefit of a sQP is that it enables stability in the scheme area, allowing the investment required to deliver bus policy, resulting in increased quality. The range of specific standards can be targeted or aimed at what the transport authority wishes to deliver in terms of customer service, quality of vehicles, modal shift, reliability, and air emissions.

4.22 For the transport authority, benefits are realised by all operators conforming to the same conditions if they wish to use the facilities provided; thereby raising the overall level of quality in a consistent manner. This is in contrast to a voluntary scheme which may be diluted, or fail to deliver, because an existing operator, or newly registered local bus service operator, provides a lower standard of service than provided by incumbent operators.

4.23 Within a voluntary scheme, there is no means of preventing additional operators providing lower quality services on the route or in the area. A sQP would effectively prevent such a situation occurring as non-conforming operators would be excluded from using the 'improved' transport authority controlled facilities.

Bus operator

4.24 From an operator's perspective, a sQP is beneficial because it can guarantee that effective bus priority and other quality measures required to enable bus services to operate punctually and reliably are actually delivered; and that there is a statutory basis for their provision, maintenance and enforcement.

4.25 There is also a level of protection given to the operator through a sQP that the investment they have made, for example in new vehicles, is not diminished by non-conforming operators running services using poorer quality vehicles.

4.26 There are, therefore, benefits to both transport authorities and bus operators in entering into a quality partnership that has the backing of statutory powers behind it. Table 4.1, however, summarises which is the most appropriate method of quality partnership to deliver the objectives, in some cases a voluntary scheme will be just as effective in delivering the objectives.

Table 4.1 Use of voluntary or statutory quality partnership to deliver objectives

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