The Public Service Vehicles (Open Data) (England) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations make provision to allow for the development of bus information applications or “Apps” for use on, for example, mobile telephones and other mobile devices in order to help passengers make informed decisions about their journeys. This is achieved by requiring bus operators (“operators”) and certain local authorities, in England outside Greater London to make their bus data available to the Secretary of State who will in turn publish it on an internet website.

Regulation 3 requires operators and local transport authorities in areas where such an authority has implemented or will implement a franchising scheme (“franchising authorities”) to provide certain key information to the Secretary of State including the routes, operators, stopping places and timetables of bus services.

Regulation 4 requires operators and franchising authorities to provide the information under regulation 3 electronically either via a link to a file on a website or in the form of a standalone file. It also requires the information to be provided in the form of a file in TransXChange standard format.

Regulation 5 requires operators and franchising authorities to provide information about fares and tickets.

Regulation 6 requires that the information provided under regulation 5 must be provided electronically either via a link to a file on a website or in the form of a standalone file. It also requires the information to be provided in the form of a file in Netex standard format that accords with the version of that standard used by the United Kingdom bus industry.

Regulation 7 sets out when route, operator, stopping place and timetable information and fare and ticket information relating to services must start to be provided to the Secretary of State. The requirements to provide the various types of information are being phased in.

Regulation 8 requires an operator to provide information to the Secretary of State about changes to services relating to routes, operators, stopping places and timetables by the date on which the operator makes an application for variation of the registration of the service to a traffic commissioner. It also requires the details of cancelled services to be removed from the operator’s, franchising authority’s or Secretary of State’s website.

Regulation 9 requires operators and franchising authorities to provide information to the Secretary of State about changes to services relating to fares and tickets before the changes take effect.

Regulation 10(2) provides that an operator wishing to commence operation of a service on or after 1st January 2021 must supply route, operator, stopping place and timetable information to the Secretary of State by the date on which the operator makes an application for registration of the service to a traffic commissioner. But regulation 10(3) and (4) provide that this does not apply to operators in areas where a franchising scheme is to be introduced. In these areas, the operator must provide the information by the end of the period of notice ending with the date the operator has given to a traffic commissioner as the date on which the service will commence. Regulation 10(5) requires a franchising authority to supply the information at least 28 days before the date on which the service is to come into operation.

Regulation 11 requires that an operator or a franchising authority wishing to commence operation of a service on or after 8th January 2021 must supply simple fare and ticket information to the Secretary of State before the date the service comes into operation.

Regulation 12 requires that an operator or a franchising authority wishing to commence operation of a service on or after 8th January 2023 must supply complex fare and ticket information to the Secretary of State before the date the service comes into operation.

Regulation 13 provides that operators and franchising authorities must supply to the Secretary of State automatic vehicle location data in relation to their services. The information must meet the requirements of the Vehicle Monitoring Service version of the Standard Interface for Real Time Information. The information must be updated no more frequently than every ten seconds and no less frequently than every thirty seconds. The supply of this information must commence by 7th January 2021.

Regulation 14 requires operators and franchising authorities to provide to the Secretary of State information in electronic form about the punctuality of services in the previous calendar year by 31st March of the following calendar year.

Regulation 15 requires local transport authorities to provide the Secretary of State with information in electronic form about stopping places in their area and changes to that information. Local transport authorities will do this by supplying information to the National Public Transport Access Nodes database in respect of bus services. The supply of this information must commence by 31st December 2020.

Regulation 16(1) requires the Secretary of State to make the information provided to him under these Regulations publicly available, and to make it available in electronic form, free of charge and without any restrictions on how it can be used, except for those restrictions on the use of the information that are set out in regulation 16(2) and (3). The Secretary of State will do this by setting up the bus open data digital service internet site.

Regulation 17 requires the Secretary of State to carry out a review of the operation and effect of these Regulations and publish a report. The first report must be published before the end of the period of five years beginning with the date on which these Regulations come into force, and subsequent reports must be published at intervals not exceeding five years.

An impact assessment has not been produced for these Regulations because an assessment was made of the impact of the Bus Services Bill (which amended the Transport Act 2000) and this was updated to take account of any additional impact of these Regulations relating to bus open data. Copies of the assessment may be obtained from the Buses and Taxis Division, Department for Transport, 2/12 Great Minster House, 33 Horseferry Road, London SW1P 4DR or from the Bus Services Bill page on gov.uk

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/589730/bus-services-bill-ia-for-regulations-secodary-legislation.pdf

An Explanatory Memorandum for this instrument has been published alongside these Regulations at www.legislation.gov.uk.