Merseyside Route 14 Statutory Bus Quality Partnership Scheme made
in accordance with Sections 114 – 123 of the Transport Act 2000 (the “Scheme”) by Merseyside Integrated Transport Authority and Liverpool City Council
Background
(A)The objective of MITA’s Bus Strategy is to provide a high quality bus network that meets the needs of the people of Merseyside in a secure, accessible, sustainable and cost-effective way. MITA has determined that this strategy can be delivered through a series of route specific Statutory Quality Partnership Schemes, including this Scheme.
(B)The partnerships will create sustainable growth in bus patronage through improvements in the current bus network, bringing benefits to passengers through high quality frequent bus services along the partnership corridors.
(C)The Scheme requires provision of high quality local services by bus operators, and provision of facilities for local services by both Merseytravel and the Council.
(D)This Scheme is made jointly by MITA and the Council pursuant to section 114 of the Transport Act 2000 ("2000 Act"), as the provision of certain of the facilities requires the making of traffic regulation orders or exercise of other powers by the Council in delivering infrastructure, as more specifically identified in Schedule 1.
(E)Pursuant to section 162(4) of the 2000 Act, MPTE as the Passenger Transport Executive for MITA's area shall be responsible for providing facilities on behalf of MITA within the Scheme Area.
1.Definitions and Interpretation
In this Scheme unless the context otherwise requires the following terms shall have the meanings given to them below:-
"Authority" means MITA, MPTE or the Council, as the case may be, and "Authorities" shall be construed accordingly;
“Commencement Date” means the date the Scheme comes into operation pursuant to Clause 2.1, or such later date as the Scheme may commence following any postponement of the Scheme under section 117 of the Transport Act 2000;
“the Council” means Liverpool City Council;
“DDA” means the Disability Discrimination Act 1995 (as amended) and “DDA compliant” shall be construed accordingly;
"Driving Standards" means the standard that drivers of Local Services provide which shall include fuel efficiency driving techniques, assessment of braking and acceleration, driving to minimise slips, trips, falls and accidents.
“Excluded Services” shall mean the categories of Local Services listed in schedule 4 (Excluded Services);
“Facilities” means those facilities listed in schedule 1 (Facilities) and "Facility" shall be construed accordingly;
“Local Service” has the meaning set out in section 2 of the Transport Act 1985, (but excluding any Excluded Services);
“Merseytravel” means MITA and MPTE;
"MITA" means Merseyside Integrated Transport Authority;
"MPTE" means Merseyside Passenger Transport Executive;
"Operator" means the operator of a Local Service and "Operators" shall be construed accordingly;
“Scheme Area” means the routes on the Route 14 corridor identified in schedule 3 (Scheme Area);
“SQPS” means a Statutory Quality Partnership Scheme made pursuant to section 114(1) of the Transport Act 2000;
“Standards of Service” means the standards of service set out in schedule 2 (Service Standards);
“Traffic Commissioner” has the meaning set out in section 82(1) of the Public Passenger Vehicles Act 1981;
“TRO” means a Traffic Regulation Order.
2.Date and Period of operation
2.1The Scheme will be made on 7 August 2011 and will come into operation on 7 November 2011.
2.2The Scheme will operate for a period of 5 years from the Commencement Date notwithstanding any postponement of the Scheme under section 117 of the Transport Act 2000 and subject to variation or revocation in accordance with section 120 of the Transport Act 2000.
3.Scheme Purpose and Objectives
3.1The Scheme aims to contribute to providing a high quality bus network that meets the needs of the people of Merseyside in a secure, accessible, sustainable and cost-effective way in accordance with the Merseyside Bus Strategy.
3.2MITA and the Council are satisfied that both the provision of the Facilities in accordance with paragraph 5 (Facilities) and the provision of Local Services to the Standards of Service will achieve this aim.
4.Scheme Area
4.1The Scheme Area covers certain routes between Liverpool City Centre and Croxteth (Willow Way) as more particularly shown in schedule 3 (Scheme Area).
4.2The Scheme shall apply to Operators of Local Services using Facilities within the Scheme Area.
5.Facilities
5.1Subject to paragraph 8 (Conditions of Use), MPTE and/or the Council (as the case may be) will make the Facilities available (as detailed in schedule 1 (Facilities)) to Local Services from the Commencement Date or such later date as specified in Schedule1 , until the date the Scheme ceases to have effect.
5.2Clause 5.1 shall not apply in relation to any Local Service using a Facility for any period during which MPTE or the Council is temporarily unable to fulfil its obligations, in respect of that Facility, due to circumstances beyond its control. In such circumstances Merseytravel or the Council shall notify any Operator that it believes is likely to be affected by the non-provision of such Facility, confirming the reason for such non-provision and the anticipated period during which that the Facility will not be available.
5.3The Facilities are to be maintained for the duration of the Scheme by MPTE and/or the Council (as the case may be and as specified in Schedule 1), in accordance with Schedule 1.
5.4MPTE and the Council have provided the existing Facilities identified in schedule 8 from the dates specified which are in each case less than 10 years old, as at the date of this Scheme during which time all of the Facilities have been maintained to an acceptably high standard providing benefits to passengers, and will continue to provide significant benefits to passengers under the Scheme. These Facilities are therefore included within the Scheme, in accordance with the Quality Partnership Schemes (Existing Facilities) Regulations 2001.
6.Standards of Services to be provided by Bus Operators
6.1For the purpose of the Scheme, all Local Services which operate within the Scheme Area will be provided in accordance with the Standards of Service;
6.2For the avoidance of doubt, any local service which is an Excluded Service shall not be required to comply with the Standards of Service;
7.Scheme Benefits
7.1MPTE and the Council are of the opinion that the improvements to infrastructure, highways, vehicle quality and staff training by introducing this Scheme, will bring benefits to passengers using LocalServices in the Scheme Area by improving the quality of those Local Services. In particular the Scheme will:-
7.1.1provide a regular service throughout the day;
7.1.2improve reliability of services through traffic scheme enforcement;
7.1.3ensure consistently high quality of services;
7.1.4ensure appropriately trained drivers providing a good standard of customer service.
8.Conditions of Use
8.1An Operator's Local Services may only use the Facilities in the Scheme Area if:-
8.1.1a written undertaking from the Operator in the template form attached at schedule 5 (Form of Undertaking) is provided to the Traffic Commissioner and a copy delivered to Merseytravel in respect of each Local Service operated by such Operator which uses such Facility; and
8.1.2each such Local Service is provided by such Operator to the Standards of Service in accordance with that undertaking except for any period during which such Operator is temporarily unable to do so owing to circumstances beyond their control, provided that Merseytravel is notified in writing as soon as practicably possible as to the reasons and period of such non-compliance.
8.2Any Operator who fails to comply with clause 8.1 may be subject to action by the Traffic Commissioner in accordance with section 26 (Conditions attached to PSV operator’s licence) Transport Act 1985 and section 155 Transport Act 2000.
9.Review and Monitoring
9.1Merseytravel reserves the right to monitor compliance with the Standards of Services in respect of a Local Service which is using any of the Facilities; and
9.2Operators of Local Services will allow Merseytravel (including its officers and employees) reasonable access to any such Local Services for the purpose specified in Clause 9.1 and provide any reasonable assistance required for such purpose.
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SCHEDULE1: Facilities
1.Information and Marketing
1.1MPTE shall co-ordinate passenger information in respect of the LocalServices, providing joint publicity for all Local Services which will be provided at all stops with timetable cases, maintained in good condition and updated 24 hours in advance of timetable changes.
1.2MPTE shall provide Merseytravel branded timetables with maps for the Local Services to the extent that they operate within the Scheme Area at least 72 hours in advance of all timetable changes.
1.3By 31 December 2012, Merseytravel will have a system in place to provide passengers with arrival predictions for buses via a number of delivery channels and the operators will be required to have all buses equipped to provide the data needed to operate this system.
2.Infrastructure
The Council will provide the following Facilities for the duration of the Scheme:
2.1Provision of facilities in the highway including bus lanes and parking restrictions:
(i)the Council shall provide the Facilities listed in Part 1 of Schedule 8 from the Commencement Date for the duration of the Scheme and shall enforce such Facilities in accordance with the terms of any relevant Traffic Regulation Order to the extent that such enforcement is within the existing relevant revenue budget and resources of the Council for such enforcement at the Commencement Date.
(ii)MPTE shall provide the Facilities listed in Part 2 of Schedule 8 from the dates specified against such Facilities in Part 2 for the duration of the Scheme.
2.2LCC will provided bus priority signal installation via UTC application as part of a revised signal proposal at the junction of West Derby Road/Everton Road with new signals at Low Hill/Brunswick Road from31 March 2012.
3Bus Stop Improvements
3.1MPTE will make the improvements listed in Part 2 of Schedule 8, on or before the dates set out therein.
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SCHEDULE2: SErvice standards
1.Vehicle Standards
1.1All vehicles used in the provision of Local Services will:
1.1.1be to a low floor design and DDA complaint as more particularly required by the Public Service Vehicles Accessibility Regulations 2000;
1.1.2meet at least Euro 3 emission standards (or equivalent);
1.1.3have working front, nearside and rear; analogue or digital route number and destination displays (to DDA specification);
1.1.4have internal cameras sufficient to provide coverage of the entire seated area on each deck and at least one camera covering the passenger/platform area, in each case with the facility to record to the standards required for tamper-proof evidence;
1.1.5have forward facing cameras and showing vehicle sides with the facility to record to the standards required for tamper-proof evidence;
1.1.6be cleaned daily both internally and externally prior to entry into service save in circumstances where it would be dangerous to do so, including extreme weather conditions;
1.1.7have visible internal branding referring to the Quality Bus Partnership, save that such branding shall not be of a scale which materially adversely affects advertising revenue, or potential advertising revenue, on such Local Services.
1.1.8all vehicles must have ICT systems on board by 31 December 2012 which are capable of providing specific vehicle journey details, including the calculation of the real time position of the vehicle via WGS84 standard co-ordinates for latitude and longitude to a precision of 10 metres. It is anticipated that vehicle location will be calculated and transmitted via on-board ICT equipment and services, including GPS for location and GPRS for transmission to a central point. The mechanisms for this are set out in Schedule 6.
2.Ticketing and Fares
2.1Operators will ensure that each Local Service that it operates:
2.1.1accepts the Merseytravel ticketing products detailed in Schedule 9 (Ticketing Products) available on the Commencement Date and intended for use on Local Services, save that for the purposes of this Scheme Operators shall not be required to accept such ticketing products to the extent that they have been varied either to materially increase their scope or materially decrease their price in real terms;
2.1.2accepts daily and weekly tickets of other Operators which are valid for travel on Local Services operating within the Scheme Area, provided that no Operator shall be required to accept ticketsto the extent that such requirement would fall outside the Competition Act 1998 (Public Transport Ticketing Schemes Block Exemption) Order 2001 (SI 2001/319) as amended or replaced from time to time.
2.1.3accepts Plus bus ticket products.
2.2From 31 March 2013, Operators will be required to ensure vehicles servicing the Scheme Area are fitted with Electronic Ticket Machines with ITSO Smartcard reading capabilities for English National Concessionary Fare Schemes and Merseytravel Local 60 Pass and in addition on migration of the Merseytravel Prepay Scheme to Smartcard, the Operator shall also accept such tickets in the ITSO Smartcard format.
3.Drivers
3.1All drivers of Local Services shall wear a uniform (to be specified by the relevant Operator) whilst undertaking driving duties on Local Services.
3.2New drivers of Local Services shall receive training on ticket products (including the Operator's own ticket products and applicable Merseytravel and Plus bus ticket products) and all drivers of Local Services shall receive refresher training on such ticket products on at least an annual basis.
4.Customer Service
Each Operator of a Local Service shall have a Customer Charter covering at least the reliability and punctuality of the Local Services.
5.Driving Standards
Each Operator shall:
5.1monitor driving standards of their drivers on the Local Services;
5.2take action (including but not limited to retraining of drivers) such that, where there is room for improvement, drivers are placed on a programme of continuous improvement.
6.Service Stability
6.1Local Services shall be operated at the combined minimum frequencies specified in Schedule 7;
6.2Local Services shall be operated so that the first Local Service operated in any day is no later than that specified in Schedule , and so that the last Local Service operated in any day is no earlier than Schedule 7;
6.3Operators will not change the timetable for any Local Service more often than twice in any twelve month period, save where:
(i)roadworks are planned on the route of such Local Service which would materially impact the ability of such Operator to operate in accordance with its registered timetable;
(ii)there has been a material change in on-road competition on the route of such Local Service, such that the Operator would suffer a material effect on its revenue from such Local Service as a result of such competition;
(iii)there has been a change in legislation, regulations or guidance, the effect of which was not reasonably foreseeable 12 months prior to the planned timetable change date and compliance with which would materially affect the Operator's ability to provide such Local Service on the current timetable. For the avoidance of doubt, changes to bus service operator grant reimbursement or concessionary fare reimbursement legislation which materially decrease the aggregate revenue received by an Operator in respect of the provision of a service shall be deemed to materially affect such Operator's ability to provide such Local Service to the current timetable.
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SCHEDULE3: scheme area
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SCHEDULE4: EXCLUDED SERVICES
The following services will be excluded from the Scheme, and shall be deemed to not be Local Services for the purposes of the scheme, notwithstanding their status as local services pursuant to the Transport Act 1985:
1.Buses operating services which are predominantly used for the purposes of children travelling to or from school;
2.Any Local Service which has under 25% of its route within the Scheme Area, save that for the purposes of calculating the percentage of the route which runs within the Scheme Area, only parts of the route on which passengers are routinely carried shall be counted, and any part of the route of the Local Service which has been included within the registration of the Local Service predominantly for the purpose of falling within this exception, rather than for the benefit of passengers shall be disregarded;
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SCHEDULE5: form of undertaking
Undertaking in accordance with Section 118(4) of the Transport Act 2000
To:Traffic Commissioner for the North West Traffic Area
From:(Name and Address of Operator)
(Name of Operator) hereby undertakes to provide Local Services to the standards specified in the Scheme whilst the Facilities are in place for the period of the Scheme.
All terms used in this Undertaking have the same meaning as those set out in the Merseyside Route [ ] Statutory Quality Partnership Scheme as made on {insert date}.
SIGNED
{insert name of Director of Operator Company}
{Title}
{Operator Company name}
DATE:
SCHEDULE6: RED TIME POSITION INFORMATION MECHANISMS
There are two mechanisms provided for the transmission of the real time position of the bus to MPTE’s Central RTI System:
1.Directly from the vehicle via the RTIG Digital Air Interface Protocol (RTIGT030) with a minimum 15 second update frequency.
2.Indirectly from the bus operators own systems via server to server links using the SIRI Version 1.3 EU standard with a minimum 15 second update frequency. In addition to the standard SIRI messages the following specific SIRI services (or equivalent) are considered essential to ensure that operational vehicles can be effectively monitored and accurate predictions made for downstream bus priority and passenger information services:-
(a)The Vehicle Monitoring (VM) Service.
(b)The Production Timetable (PT) Service.
(c)The Estimated Timetable (ET) Service.
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UNDERTAKING PURSUANT TO SECTION 118(4) TRANSPORT ACT 2000
To: Traffic Commissioner of the North West Area
From: [Operator]
All defined terms used in this undertaking have the same meaning as defined in the Route 14 Quality Partnership Scheme made on [insert date] by MITA and Liverpool City Council;
[Name of Operator] hereby undertakes to provide Local Services to the standards specified in the Scheme when using the Facilities.