NORTH EAST LINCOLNSHIRE COUNCIL

CONCESSIONARY FARES SCHEME 2009

(This scheme applies to all holders of passes valid under the 2008 English National Bus Concession for England Scheme unless otherwise stated)

1. AIMS OF THE SCHEME

The Council's objectives in providing concessionary fares are:

3. DURATION AND REVIEW OF THE SCHEME

3.1 This Scheme comes into effect on 1st of April 2009 and continues until 31st March 2010. The Council reserves the right to make revisions to the Scheme following consultation and agreement with participating operators, and to notify them in writing following such revision. The Council also undertakes to give at least 28 days prior warning, in writing, of the change to operators.

4. PEOPLE ELIGIBLE FOR CONCESSIONS

4.1 Older People

4.1.1 Persons who have attained the age of 60 years who reside within the Council's boundary for at least 6 months in any twelve month period.

4.1.2 Holders of English National Travel Concession Scheme passes (restricted to statutory minimum concession)

4.2 People with Disabilities

4.2.1 Disabled people of any age who qualify under the categories stated in Department for Transport guidance (Issued Feb 08) on determining people's entitlement under the Concessionary Bus Travel Act 2007 and Transport Act 2000 (listed in Appendix B), who reside within the Council's boundary for at least 6 months in any twelve month period.

4.2.2 Eligible disabled holders of English National Travel Concession Scheme passes (restricted to statutory minimum concession).

4.3 Companions

Companions eligibility is intended for anyone who requires a companion to enable travel. A person who is eligible to receive travel concessions under Paragraphs 4.1 and 4.2 above, and who cannot travel on journeys on public passenger transport services without the assistance of a companion, is eligible for a companion's concession. The concession allows one companion to travel at the concessionary rate whilst accompanying the disabled or elderly person.

4.4 Appendix A provides definitions of the eligibility criteria and proof required, and may be amended by the Council from time to time.

5. ELIGIBLE SERVICES

Eligible services are defined by the Travel Concessions (Eligible Services) Order 2002 (SI 2002 No 1016). This order prescribes the services eligible for concessionary fares under the Transport Acts 1985 and 2000.

5.1 Travel concessions will be provided on:

a) All eligible services, as defined in the Bus Service Operators Grant (England) Regulations 2002/ SI 1015.

b) For North East Lincolnshire English National Travel Concession Scheme pass holders, services provided by permits under Section 19 of the Transport Act 1985, which are provided wholly or mainly to meet the needs of members of the public who are eligible, and which are operated by organisations approved for the purposes of this scheme by North East Lincolnshire Council. The extent of this concession may vary from operator to operator.

c) For North East Lincolnshire English National Travel Concession Scheme Pass holders, rail services between any two of the following railway stations;

6. CONCESSIONS TO BE PROVIDED

6.1. Free bus travel for all English National Travel Concession pass holders, for journeys which commence within the North East Lincolnshire boundary, for those eligible from 9.30am until 11pm on weekdays, and all day weekends and bank holidays.

6.2 Holders of a valid `North East Lincolnshire Council English National Concessionary Travel Pass' will additionally be entitled to free travel from all day weekdays, weekends and bank holidays on eligible services in Paragraph 5.1a and 5.1b above.

6.3 Holders of a valid `North East Lincolnshire Council Concessionary Travel Pass' will additionally be entitled to the following concession on eligible rail services from 9.30am until 11pm on weekdays, and all day weekends and bank holidays on eligible services in Paragraph 5.1c above;

6.4 The Scheme intends that concessions on eligible services in Paragraph 5.1 a) may also apply to season and multi journey tickets. Such concessions will be subject to specific agreements with individual operators.

6.5 Eligible North East Lincolnshire Companions will be provided with the same concession as the older person or person with a disability that they are providing assistance to.

7. ISSUE AND USE OF CONCESSIONARY PASSES

7.1 Eligible people will be issued with a North East Lincolnshire Council `English National Concessionary Travel Pass'.

7.2 Passes will be valid until the date shown (which may be up to 5 years from the date of issue).

7.3 The pass will bear the name of the pass holder, will include a photograph of the pass holder and will be issued on an electronic smart card.

7.4 Concessions will only be available on production of a valid pass.

7.5 Eligible people in possession of valid pass must not be refused a concession on their fare.

7.6 Possession of a travel concession pass does not guarantee any person the right to a place on any eligible bus or train service, nor the right to a seat on such a service.

7.7 The Council will issue information for the public on the procedure for applying and using a concessionary pass.

7.8 Initial issue of a pass will be free of charge. Replacement of an expired or damaged pass will be free of charge. Lost or stolen passes will be replaced at a charge of £5.00.

7.9 North East Lincolnshire Council is a Data Controller for the purposes of the Data Protection Act 1998. Any personal information supplied will be processed in accordance with the principles of the Act.

7.10 North East Lincolnshire Council is under a duty to protect the public funds it administers, and to this end may use information provided as part of the Concessionary Fares Scheme for the prevention and detection of fraud. It may also share this information with other bodies responsible for auditing or administering public funds for these purposes.

8. OPERATOR PARTICIPATION

8.1 The statutory minimum of free off-peak bus travel must be available on eligible service as defined in the Bus Service Operators Grant (England) Regulations 2002/ SI 1015. Bus operators cannot refuse to offer statutory concessionary fares, and must participate in any applicable statutory scheme.

8.2 Operator participation in Concessionary Fares Schemes made under Section 93 of the Transport Act 1985, and offering concessions which are more generous than the statutory minimum, is voluntary.

8.3 Operators do have the right to decline to participate in any additional elements of the scheme. The Council hopes that all operators of local bus services will participate voluntarily in the scheme operated by North East Lincolnshire Council but will be prepared to issue Participation Notices to any operators who do not do so.

8.4 This Scheme combines the statutory minimum free off-peak travel scheme, with a discretionary concession scheme made under the Transport Act 1985.

8.5 Rail Operator participation in Concessionary Fares Schemes is enabled under Section 93 of the Transport Act 1985.

Standard Admission Dates

8.5.Operators are required to indicate their willingness to participate in the non-statutory scheme in writing to the Council within 28 days of publication of either the scheme or any notice of variation to the scheme.

Withdrawal from Voluntary Participation

8.6 An operator wishing to withdraw from voluntary participation in the Council's Scheme must give the Council 42 days notice in writing. During the period of notice the operator must continue to provide the concession. In appropriate circumstances this period of notice may be reduced if agreed in writing by both the Council and the operator. However, bus operators must at all times comply with the statutory requirements.

Compulsory Participation

8.7 The Council may serve a compulsory Participation Notice, against which the operator may Appeal to the Secretary of State for Transport.

8.8 An operator can appeal against the Participation Notice to the Secretary of State within 28 days if there are special reasons why this participation would be inappropriate or if any details of the scheme or the reimbursement arrangements are inappropriate. Or, it may appeal at any time if the reimbursement does not, in its view, leave it `no better/no worse off' as a result of participating.

9. RESPONSIBILITIES OF PARTICIPATING OPERATORS

9.1 All participating operators are to:

i) survey passenger numbers and fares paid by passengers;

ii) interview passengers to ask questions relevant to reimbursement and satisfaction with the Scheme.

10. REIMBURSEMENT OF OPERATORS

Reimbursement Principles

10.1 The following principles apply to the reimbursement of operators of eligible services (See item 5 above).

10.2 The Council has a statutory objective to ensure that operators are no better and no worse off financially as a result of providing travel concessions. The Travel Concessions Regulations 1986 require that reimbursement should be based on the revenue foregone and the net additional costs necessarily incurred by operators as a result of providing travel concessions, taking account of travel generated by the existence of the concession.

10.3 Reimbursement of operators should achieve proper accountability in the use of public funds and provide assurance to operators that the payments made properly reflect the revenue foregone and additional costs incurred. In undertaking the necessary calculations and estimations the Council will use what it reasonably considers to be the best, reliable and auditable information available.

Calculation of Revenue Foregone

10.4 Calculations of operator reimbursement will be based on fares lost for journeys that would have been made by passholders, had the scheme not been in place, plus an allowance for net additional costs incurred by the operator in respect of any journey generated as a result of the concession. This calculation will be negotiated with individual operators.

Net Additional Costs

10.5 Net additional costs are those costs over and above normal operating costs that an operator has necessarily incurred as a result of providing concessions. Proven net additional costs will be taken into account in negotiations referred to in 10.4

Information from Operators

10.6 The Council retains the right to undertake journey diaries and on bus surveys or any other means as appropriate to validate data supplied by operators and ensure correct reimbursement.

10.7 Operators are required to provide returns at the same time as their revenue foregone claims to the Council, showing the number of concessionary journeys made by route, fares, concession type etc, together with the supporting documentary evidence, for the reimbursement payments to be approved. The Council reserves the right to request other information that it reasonably requires regarding the operation of the Scheme.

10.8 Operators in possession of compatible ticketing equipment are to provide electronic return of information.

10.9 In order that the Council may verify claims for reimbursement, operators may be required to make available to officers of the Council, books, vouchers, records (including computer records) and documents relating to their claims.

10.10 Operators may also be required to provide further information and explanations for audit purposes relating to 10.9 above.

11. REIMBURSEMENT PROCEDURE

11.1 All claims for reimbursement must be supported by the required documentary evidence.

11.2 Invoices should be addressed to the following:

North East Lincolnshire Council

The Finance Office

Doughty Road

Grimsby

North East Lincolnshire

DN32 0LL

11.3 Scheme enquiries should be addressed to the following;

Principal Transport Officer

Transport Strategy

Environmental Services

North East Lincolnshire Council

Origin One

1 Origin Way

Europarc

Grimsby

North East Lincolnshire

DN37 9TZ

12. CONFIDENTIALITY

12.1 The Council will treat any information provided by any operator in the utmost confidence.

13. RESOLUTION OF DISPUTES

13.1 In the event of a dispute between a participating operator and the Council in connection with the application of these arrangements for reimbursement which cannot be resolved between the parties the matter may be referred to arbitration by either party. The arbitrator may be an individual or body agreed between the Council and the participating operator concerned. The matter of costs shall be dealt with as part of the process of arbitration.

13.2 Any disputes regarding the reimbursement procedure should be brought to the Council's attention within 14 days of the issue or dispute arising. This can be done by writing to;

Executive Director of Environmental Services

North East Lincolnshire Council

Municipal Offices

Town Hall Square

Grimsby

North East Lincolnshire

DN31 1HU

APPENDIX A

ELIGIBILITY FOR CONCESSIONS AND PROOF REQUIRED

1. Proof of Residency

Applicants must be able to prove that they have their 'sole or principal residence' within North East Lincolnshire for at least six months in any twelve.

Proof could be rent book, Council Tax Demand, Utility bill, Driving Licence, medical card etc.

Residents of the Fitties, Thorpe Park or the Beacholme camps must show that they pay the ground rent (including a Council tax element) or the Council Tax direct - in the name of the applicant or their partner. This may be proven by a letter of confirmation from the camp's management.

2. Proof of Age

If applying on age grounds, proof will be a passport, birth certificate, driving licence, medical card, pension book or letter from the The Department for Work and Pensions confirming that the pension is paid directly into the applicant's bank account.

3. Proof of Disability

3.1 Adult Disability

DfT statement regarding Doctors letters: Using an applicant's GP to verify that an individual meets the criteria for a concessionary travel pass is regarded as an unsatisfactory arrangement for both the GP and the administrators of the scheme. The main argument against this approach is that it compromises the doctor / patient relationship.

** - Moving to new office January 2009.

*** - Disability Living Allowance Care component Highest, Middle or Lower Rate does not qualify for a bus pass.

3.2 Child Disability

3.3 Companions Eligibility

Applicant should show a letter from their eligibility contact above, stating that the person to be accompanied “cannot use public transport unaided”. This wording must be clear and may be confirmed by telephone.

APPENDIX B

Eligible Categories

There are seven categories of disabled person identified as eligible for concessionary bus travel in the 2000 Act. An eligible person is someone 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"

"(g) would, if he applied for the grant of a licence to drive a motor vehicle under Part III of the Road Traffic Act 1988, have his application refused pursuant to section 92 of the Act (physical fitness) otherwise than on the ground of persistent misuse of drugs or alcohol."

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Concessionary Fares Scheme Apr 2009

Services

Environmental

Directorate of

NORTH EAST LINCOLNSHIRE COUNCIL

CONCESSIONARY FARES SCHEME 2009