Proof of Evidence of Mr James Willcock

Document Reference Number OA/13
Proof of Evidence of Mr James Willcock
4 BUS SERVICES LEGAL FRAMEWORK
4.1 The marketplace for the provision and operation of local bus services was
deregulated outside London in 1986, through the Transport Act 1985, later
amended by the Transport Act 2000 and the Local Transport Act 2008. Bus
operators are free to determine the services they wish to operate, including the
route, the service frequency, the fares and other operational matters, on a
commercial basis, subject to certain minimum requirements. Local transport
authorities have powers to procure bus services where there is no commercial
provision and to enhance the level of service provided commercially, subject to
legislative provisions.
4.2 The minimum requirement for a commercial bus operator to run a bus service is to
register the particulars (route, timetable etc.) with the Traffic Commissioner at
least 56 days before the start of operation. There is no automatic obligation for a
bus operator to adhere to a network or service standard prescribed by the local
transport authority, unless specified by a contract or where an authority has been
successful in invoking legislative provisions controlling the use of specific transport
infrastructure, through a Quality Partnership Scheme (QPS). The four councils of
the West of England implemented Quality Partnership Schemes in 2011 and 2012
on 10 showcase bus corridors, which comprise the Greater Bristol Bus Network
major scheme. Each Quality Partnership Scheme entails requirements upon bus
operators known as the Standard of Services (e.g. service frequency etc.), in return
for which the councils are required to provide the Facilities (e.g. bus priority
measures etc.). The Quality Partnership Scheme for corridor 8, which includes bus
service X1, 352 and 353 is included as Appendix 2 in OA/13/2.
4.3 Clearly, bus operators are commercially focused and their decision making in
respect of the allocation of resources (vehicle, drivers and supporting systems) is
based around the need to ensure that there are sufficient farebox revenue streams
to cover all their costs and provide an operating profit. Moreover, the councils
need to have confidence that the BRT services and feeder bus services will be
provided upon the opening for the BRT schemes, in line with the councils’
objectives and operational principles and will continue on an on-going basis.
4.4 The proposed BRT network is based around a number of existing bus services, some
of which are provided by bus operators on a commercial basis and some of which
are provided under contract to the councils. Also, parts of the proposed BRT
network are entirely new services. Given the mix of existing commercial and
contracted bus services, the councils have worked in partnership with the bus
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