Transport Act 2000 (c. 38)

(The document as of February, 2008)

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(2) The regulations may in particular make provision with respect to--

(a) giving notice of proposed schemes or proposed variations or revocation of schemes,

(b) objections to such proposals,

(d) modifications of such proposals,

(e) the form and manner of applications for approval of such proposals,

(f) the form of schemes or variations, and

(g) giving notice of schemes which have been made or of the variation or revocation of schemes.

134 Transitional provision about schemes

(1) The appropriate national authority may by regulations make such transitional provision as it considers appropriate in connection with--

(a) the coming into operation of quality contracts schemes,

(b) the variation of such schemes, and

(2) The regulations may in particular provide that in prescribed circumstances--

(a) any provision of sections 6 to 9 of the [1985 c. 67.] Transport Act 1985 (registration of local services) which would otherwise have effect is not to have effect or is to have effect with such modifications as may be prescribed, or

(b) any such provision which would not otherwise have effect is to have effect or is to have effect with such modifications as may be prescribed,

in relation to the whole or any part of the area to which the scheme relates.

Bus services: ticketing schemes

135 Joint and through ticketing schemes

(1) A local transport authority, or two or more such authorities acting jointly, may make a ticketing scheme covering the whole or any part of their area, or combined area, if they consider that the proposed scheme--

(a) would be in the interests of the public, and

(b) would to any extent implement the policies set out in their bus strategy.

(2) A ticketing scheme may not be made unless the authority or authorities have complied with the notice and consultation requirements imposed by section 136.

(3) A ticketing scheme is a scheme under which operators of local services of a class specified in it are required to make and implement arrangements under which persons may purchase, in a single transaction, a ticket (or tickets) of any of the descriptions which may be covered by a ticketing scheme and to which the scheme applies.

(4) The descriptions of tickets which may be covered by a ticketing scheme are--

(a) tickets entitling the holder to make more than one journey on particular local services or on local services of a class specified in the scheme (whether or not operated by the same person),

(b) tickets entitling the holder to make a particular journey on two or more local services (whether or not operated by the same person),

(c) where a particular journey could be made on local services provided by any of two or more operators, tickets entitling the holder to make the journey on whichever service the holder chooses, and

(d) tickets entitling the holder to make a journey, or more than one journey, involving both travel on one or more local services and travel by one or more connecting rail or tram services.

(5) A connecting rail or tram service, in relation to a ticketing scheme, is a service for the carriage of passengers by railway or by tramway (or by both) which runs between--

(a) a station or stopping place at or in the vicinity of which local services stop and which serves any part of the area to which the ticketing scheme relates, and

(b) any other place.

(6) Different arrangements may be specified in a ticketing scheme for different cases.

(7) In carrying out their functions under this Part in relation to ticketing schemes, local transport authorities must co-operate with one another.

(8) In considering whether to make a ticketing scheme, a local transport authority must have regard to the desirability, in appropriate cases, of making a scheme jointly with another authority.

136 Notice and consultation requirements

(1) If an authority or authorities propose to make a ticketing scheme, they must give notice of the proposed scheme in at least one newspaper circulating in the area to which it relates.

(2) The notice must specify the date on which the scheme is proposed to come into operation.

(3) After giving notice of the proposed scheme, the authority or authorities must consult--

(a) all operators of local services who would, in the opinion of the authority or authorities, be affected by it,

(b) such organisations appearing to the authority or authorities to be representative of users of local services as they think fit, and

137 Making of scheme

(1) If the authority or authorities decide that it is appropriate to make the scheme, they may make it as proposed or with modifications.

(2) If the scheme applies to tickets within section 135(4)(d), it may only be made with the agreement of the operators of the connecting rail or tram services concerned.

(3) The scheme must specify the date on which it is to come into operation, which must not be earlier than three months after the date on which it is made.

(4) Not later than 14 days after the date on which the scheme is made, the authority or authorities must give notice of it--

(a) in at least one newspaper circulating in the area to which it relates,

(b) to the traffic commissioner for each traffic area covering the whole or part of that area,

(c) to all operators of local services or services for the carriage of passengers by railway or by tramway (or by both) who would, in the opinion of the authority or authorities, be affected by it,

(d) to the Strategic Rail Authority if it applies to tickets within section 135(4)(d), and

(e) in such other manner, or to such other persons or class of person, (if any) as the appropriate national authority may prescribe by regulations.

(5) The notice must set out the terms of the scheme and the date on which it is to come into operation.

(6) The authority or authorities may vary or revoke the scheme; and the variation or revocation is subject to the same procedure as the making of the scheme, except to the extent that that procedure is modified by regulations made by the appropriate national authority.

138 Effect of scheme

During any period in which a ticketing scheme is in operation, operators of local services to which the scheme relates must make and implement the arrangements required by the scheme.

Bus services: provision of information

139 Information about bus services

(1) Each local transport authority must from time to time determine, having regard to their local transport plan--

(a) what local bus information should be made available to the public ("the required information"), and

(b) the way in which it should be made available ("the appropriate way").

(2) Before making such a determination, the authority must consult--

(a) such organisations appearing to the authority to be representative of users of local services as they think fit, and

(b) the traffic commissioner for the traffic area covering their area.

(3) Each authority must from time to time ascertain whether the required information is being made available to the public in the appropriate way.

(4) Subsection (5) applies if an authority consider that--

(a) the required information is not being made available to the public to any extent, or

(b) that information is not being made available to the public in the appropriate way.

(5) If this subsection applies, the authority must seek to make arrangements with the operators of the local services concerned under which those operators agree to make the information available (or to make it available in that way).

(6) In this section "local bus information", in relation to a local transport authority, means--

(a) information about routes and timetabling of local services to, from and within the authority's area,

(b) information about fares for journeys on such local services, and

(c) such other information about facilities for disabled persons, travel concessions, connections with other public passenger transport services or other matters of value to the public as the authority consider appropriate in relation to their area.

140 Duty of authority to make information available

(1) If the authority are unable to make satisfactory arrangements with one or more of those operators, they--

(a) must make available, or secure that there is made available, in the appropriate way such of the required information as is not being made available or is not being made available in that way (whether by virtue of arrangements made under section 139(5) or otherwise), and

(b) may recover from that operator or those operators the reasonable costs incurred by them in doing so as a civil debt due to them.

(2) In determining for the purposes of subsection (1)(b) what is reasonable in relation to a particular operator, the authority must have regard to--

(a) the amount of information which has to be made available, and

(b) the way in which that information has to be made available,

in respect of the local services provided by that operator.

(3) If the authority require an operator to provide information to them or to another person in order to perform their duty under subsection (1)(a), the operator must provide the information at such times and in such manner as is specified by the authority.

(4) The authority must give notice of any requirement imposed under subsection (3) to the traffic commissioner for the traffic area covering their area.

141 Bus information: supplementary

(1) In considering how they should carry out their functions under sections 139 and 140, a local transport authority must have regard to a combination of economy, efficiency and effectiveness.

(2) In carrying out those functions, local transport authorities--

(a) must not act in such a way as to discriminate (whether directly or indirectly) against any operator, or class of operator, of local services, and

(b) must co-operate with one another.

(3) A local transport authority must have regard to the desirability, in appropriate cases, of carrying out those functions jointly with another authority (whether as respects the whole or any part of their combined area).

Bus services: miscellaneous

142 Traffic regulation conditions to reduce or limit pollution

In section 7 of the [1985 c. 67.] Transport Act 1985 (traffic regulation conditions to be met in provision of local services subject to registration), in subsection (4) (reasons for which conditions may be determined), insert at the end " ; or

143 Power to obtain information about local services

(1) A local transport authority may, in connection with the exercise of any of their functions relating to public transport, require an operator of local services to provide them with any information relating to the matters specified in subsection (2) which is in his possession or control.

(2) The matters referred to in subsection (1) are--

(a) the total number of journeys undertaken by passengers on the local services operated by the operator in the authority's area or any part of its area,

(b) the structure of fares for those journeys, and

(3) The operator may be required to provide the information in any form in which, having regard to the manner in which the information is kept, it is reasonable to expect him to provide it.

(4) No information which--

(a) has been provided under this section, or provided together with information so provided, and

(b) relates to the affairs of an individual or to a particular business,

shall be disclosed during the lifetime of the individual or while the business continues to be carried on.

(5) But subsection (4) does not apply to a disclosure made--

(a) with the consent of the individual or the person for the time being carrying on the business,

(b) in connection with the investigation of crime or for the purposes of criminal proceedings,

(d) in order to comply with the order of a court or tribunal.

(6) A person who discloses information in contravention of subsection (4) is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

144 Civil penalties for bus lane contraventions

(1) The relevant national authority may by regulations make provision for or in connection with--

(a) the imposition of penalty charges in respect of bus lane contraventions, and

(b) the payment of such penalty charges.

(2) Regulations under subsection (1) may provide for the imposition of penalty charges--

(a) by approved local authorities, or

(b) both by approved local authorities and by Transport for London or London local authorities or both.

(3) An authority is an approved local authority if--

(a) an order designating the whole or any part of its area has been made under paragraph 1(1) or 2(1) of Schedule 3 to the [1991 c. 40.] Road Traffic Act 1991 (permitted and special parking areas outside Greater London), and

(b) the relevant national authority has made an order specifying it as an approved local authority for the purposes of this section.

(4) A bus lane contravention is a contravention of any such provision of--

(a) a traffic regulation order,

(b) an experimental traffic order, or

as relates to the use of an area of road which is or forms part of a bus lane.

(5) And an area of road is or forms part of a bus lane if the order provides that it may be used--

(a) only by buses (or a particular description of bus), or

(b) only by buses (or a particular description of bus) and some other class or classes of vehicular traffic.

(6) The roads in relation to which regulations under subsection (1) may authorise the imposition of penalty charges are--

(a) in the case of an approved local authority, roads in its area,

(b) in the case of Transport for London, roads in Greater London of a description prescribed by such regulations or all roads in Greater London, and

(c) in the case of a London local authority, roads in its area of a description prescribed by such regulations or all roads in its area.

(7) Before making any regulations by virtue of subsection (6)(b) or (c) the Secretary of State shall consult--

(a) Transport for London, and

(b) the London local authorities affected by the regulations.

(8) Regulations under subsection (1) shall include provision--

(a) specifying the person by whom a penalty charge in respect of any contravention is to be paid (who may be the registered keeper of the motor vehicle involved in the contravention, its driver at the time of the contravention or any other appropriate person),

(b) permitting the imposition of a penalty charge only on the basis of a record produced by an approved device,

(c) securing that a penalty charge in respect of a contravention is not required to be paid, or is refunded, where the conduct constituting the contravention is the subject of criminal proceedings or where a fixed penalty notice has been given in respect of that conduct, and

(d) as to the application of sums paid by way of penalty charges.

(9) Regulations under subsection (1) shall include provision for the level of penalty charges in the case of approved local authorities to be set by the authorities subject to the approval of the relevant national authority; and sections 74 and 74A of the [1991 c. 40.] Road Traffic Act 1991 apply to penalty charges in the case of Transport for London and London local authorities as they apply to additional parking charges.

(10) Regulations under subsection (1) may--

(a) specify exemptions from penalty charges,

(b) make provision for discounts or surcharges (or both), and

(c) make provision about the keeping of accounts, and the preparation and publication of statements of account, relating to sums paid by way of penalty charges.

(11) The Lord Chancellor may make regulations about the notification, adjudication and enforcement of penalty charges.

(12) Regulations under subsection (11) may include--

(a) provision creating criminal offences to be triable summarily and punishable with a fine not exceeding level 5 on the standard scale or such lower amount as is prescribed by the regulations, and

(b) provision for or in connection with permitting evidence of a fact to be given by the production of a record produced by an approved device with a certificate as to the circumstances in which the record was produced,

but may not confer power to stop motor vehicles.

(13) Regulations under this section made by the Secretary of State or the Lord Chancellor may make provision in respect of Greater London different from that in respect of the rest of England.

(14) In this section--

"approved device" means a device of a description specified in an order made by the relevant national authority,
"bus" includes a tramcar (within the meaning of section 141A of the [1984 c. 27.] Road Traffic Regulation Act 1984) and a trolley vehicle (within the meaning of that section),
"experimental traffic order" means an order under section 9 of that Act,
"fixed penalty notice" has the same meaning as in Part III of the [1988 c. 53.] Road Traffic Offenders Act 1988,
"London local authority" means a London borough council or the Common Council of the City of London,
"motor vehicle" has the meaning given in section 185(1) of the [1988 c. 52.] Road Traffic Act 1988, except that section 189 of that Act (exception for certain pedestrian controlled vehicles and electrically assisted pedal cycles) shall apply as it applies for the purposes of the Road Traffic Acts,
"registered keeper", in relation to a contravention involving a motor vehicle, means the person in whose name the motor vehicle was registered under the [1994 c. 22.] Vehicle Registration and Excise Act 1994 at the time of the contravention,
"relevant national authority" means--
(a)
the Secretary of State as respects England, or
(b)
the National Assembly for Wales as respects Wales,
"road" has the same meaning as in the [1984 c. 27.] Road Traffic Regulation Act 1984,
"temporary traffic restriction order" means an order under section 14 or 16A of that Act, and
"traffic regulation order" means an order under section 1 or 6 of that Act.

Mandatory travel concessions outside Greater London

145 Mandatory concessions outside Greater London

(1) Any person to whom a current statutory travel concession permit has been issued by a travel concession authority and who travels on an eligible service on a journey--

(a) between places in the authority's area, and

(b) beginning at a relevant time,

is entitled, on production of the permit, to be provided with a half-price travel concession by the operator of the service.

(2) A travel concession authority must, on an application made to it by any person who appears to the authority to be an elderly or disabled person residing in its area, issue to the person free of charge a permit, in such form and for such period as the authority considers appropriate, indicating that he is entitled to the concession specified in subsection (1).

(3) In this section "statutory travel concession permit" means a permit issued pursuant to subsection (2).

(4) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may issue guidance to travel concession authorities to which they must have regard in determining for the purposes of subsection (2) whether a person is a disabled person.

(5) Before issuing guidance under subsection (4) the Secretary of State or the National Assembly for Wales shall consult--

(a) the Disabled Persons Transport Advisory Committee,

(b) associations representative of travel concession authorities, and

(6) A person entitled to be issued with a statutory travel concession permit by a travel concession authority may agree with the authority that he is not to be entitled to the concession specified in subsection (1) for a period in return for being entitled during that period to receive travel concessions under a scheme under section 93 of the [1985 c. 67.] Transport Act 1985 (if the scheme provides that a person may not receive travel concessions under the scheme unless he so agrees).

(7) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by regulations make provision about agreements within subsection (6).

(8) The regulations may in particular make provision--

(a) requiring the serving of notices before an agreement is made,

(b) about the form of agreements, and

146 Mandatory concessions: supplementary

In this Part--

"disabled person" means a person who--
(a)
is blind or partially sighted,
(b)
is profoundly or severely deaf,
(c)
is without speech,
(d)
has a disability, or has suffered an injury, which has a substantial and long-term adverse effect on his ability to walk,
(e)
does not have arms or has long-term loss of the use of both arms,
(f)
has a learning disability, that is, a state of arrested or incomplete development of mind which includes significant impairment of intelligence and social functioning, or
(g)
would, if he applied for the grant of a licence to drive a motor vehicle under Part III of the [1988 c. 52.] Road Traffic Act 1988, have his application refused pursuant to section 92 of that Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol,
"elderly person" means a person who has attained pensionable age (within the meaning given by the rules in paragraph 1 of Schedule 4 to the [1995 c. 26.] Pensions Act 1995),
"eligible service" means--
(a)
until section 92 of the [1965 c. 25.] Finance Act 1965 (grants towards duty charged on bus fuel) ceases to have effect as a result of section 154(6), a service in relation to which fuel used in operating the service falls to be taken into account for the purpose of calculating grant payable to the operator of the service under section 92 of that Act, and
(b)
after that time, a bus service of a class specified in an order made by the Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales),
"a half-price travel concession", in relation to a journey, means reduction of the fare for the journey to not more than one-half of that applicable to an adult who is not entitled to any reduction,
"relevant time" means--
(a)
any time on a Saturday or Sunday or on any day which is a bank holiday in England and Wales under the [1971 c. 80.] Banking and Financial Dealings Act 1971, or
(b)
a time during the period from 9.30 a.m. to 11 p.m. on any other day, and
"travel concession authority" means--
(a)
a non-metropolitan district council in England,
(b)
a council of a county in England so far as they are the council for an area for which there are no district councils,
(c)
a Passenger Transport Executive for a passenger transport area in England, or
(d)
a county council or county borough council in Wales.

147 Variation of mandatory concessions

The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by order amend either or both of sections 145 and 146 for or in connection with securing that section 145(1)--

(a) applies to any person for the time being eligible to receive travel concessions under a scheme under section 93 of the [1985 c. 67.] Transport Act 1985 or to any such person of a specified description (as well as to any elderly person and any disabled person),

(b) applies to travel on any public passenger transport service or to travel on any such service of a specified description (as well as to travel on an eligible service),

(c) applies to a journey between a place in a travel concession authority's area and a place outside but in the vicinity of that area or to a journey between places outside but in the vicinity of that area (as well as to a journey between places in that area),

(d) provides for the reduction of fares to less than one-half of those applicable to adults who are not entitled to any reduction or for waiver of fares, or

(e) applies, or does not apply, to a journey beginning at a specified time.

148 Enforcement

(1) An operator commits an offence if he systematically fails to comply with the obligation under section 145(1) during any period.

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) Proceedings for an offence under this section shall not be instituted except--

(a) by a travel concession authority, or

(b) by or with the consent of the Director of Public Prosecutions;

and any authority who would not otherwise have power to bring such proceedings shall accordingly have that power.

149 Reimbursement of operators

(1) Where an operator provides concessions under section 145(1) for persons who reside in a travel concession authority's area, the authority shall reimburse the operator for providing the concessions.

(2) Subject to regulations under subsection (3), the arrangements with respect to reimbursement shall be--

(a) such as the travel concession authority may agree with the operators who provide concessions for persons who reside in their area, or

(b) in the absence of agreement, such as may be determined by the authority (being the same in the case of all of those operators) not later than 28 days before the date on which the arrangements, or any variations of the arrangements, are to come into operation.

(3) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales) may by regulations make provision--

(a) with respect to the determination by travel concession authorities of the amounts to be paid to individual operators, or to any class of operators, by way of reimbursement,

(b) as to the manner of making any payments due to operators by way of reimbursement, and

(c) about the terms on which, and the extent to which, travel concession authorities may employ any person as their agent for the purpose of making payments due to operators by way of reimbursement and the descriptions of persons who may be so employed.

150 Procedure for reimbursement arrangements determined by authority

(1) At least four months before the coming into operation of, or of any variations of, any arrangements with respect to reimbursement determined by a travel concession authority in accordance with section 149(2)(b), the authority shall publish the proposed arrangements, or the proposed variations, in such manner as they consider appropriate.

(2) Following publication--

(a) copies of the published material shall be made available at the principal office of the authority,

(b) a copy of it shall be supplied to every operator of local services who would, in the opinion of the authority, be affected by the proposals, and

(c) a copy of it shall be supplied to any person on request (whether at the principal office or by post), either free of charge or at a charge representing no more than the cost of providing the copy.

(3) An operator who considers that he may be prejudicially affected by the proposals may apply to--

(a) the Secretary of State (in the case of arrangements determined by a travel concession authority in England), or

(b) the National Assembly of Wales (in the case of arrangements determined by such an authority in Wales),

for a modification of the proposed arrangements, or proposed variations, on the grounds that there are special reasons why they would be inappropriate with respect to one or more local services provided by him.

(4) An application under subsection (3) shall be made by notice in writing given not later than 28 days after the date on which the arrangements, or the variations, come into operation.

(5) An application under subsection (3) may not be made unless the applicant has previously given notice in writing of his intention to make the application to the travel concession authority by which the arrangements, or varied arrangements, are being, or have been, determined.

(6) The Secretary of State (as respects England) or the National Assembly for Wales (as respects Wales)--

(a) may make regulations as to the form and content of notices under this section and the manner in which they are to be given,

(b) may appoint a person to determine an application under subsection (3) on his or its behalf, and

(c) may by regulations make provision as to the procedure to be followed in connection with applications under subsection (3).

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