ISLE OF WIGHT CONCESSIONARY FARES SCHEME 2008 ('the Scheme')
NOTICE OF PARTICULARS OF THE SCHEME

Introduction

The Concessionary Fares Scheme agreed by Isle of Wight Council will come into effect on Tuesday, 1 April 2008 and continue until further notice. This Notice and Scheme replaces the Isle of Wight Concessionary Fares Scheme 2007 and supersedes all previous Concessionary Fare Schemes.

Legislation

The scheme is made in accordance with the Concessionary Bus Travel Act 2007, the Transport Act 2000, the Travel Concessions (Eligibility) Act 2002 and the discretionary powers contained in the Transport Act 1985 ('the Acts').

Responsible Authority

The Isle of Wight Council shall fund, administer and be the responsible authority for the Scheme.

All enquiries regarding the Scheme should be addressed to:

Public Transport Section
Engineering Services
Isle of Wight Council
Enterprise House
St Cross Business Park
Newport
Isle of Wight PO30 5WB

All Notices required to be served upon the Isle of Wight Council in accordance with the Acts should be sent to:

Stuart Love
Director of Environment and Neighbourhood Services,
Isle of Wight Council,
County Hall,
Newport,
Isle of Wight PO30 1UD

User Eligibility

Residents of the Isle of Wight who meet any of the following criteria will be eligible for free concessionary fares:

• men and women aged 60 years and older;
• any person who is blind or partially sighted;
• deaf people;
• people without speech;
• people with a disability, or who have suffered injury, which seriously impairs their ability to walk;
• people without the use of both arms;
• people with a learning difficulty;
• people who would be refused the grant of a driving licence to drive a motor vehicle under Section 92 of Part III the Road Traffic Act 1988;
• people with a long term mental health problem; and
• travelling companions/escorts for disabled people who could not use bus services without the assistance of a travelling companion.

Hours of Operation

The Isle of Wight concessionary fares scheme will permit eligible users who hold a National Bus Pass for England, to travel on all registered bus services.

Area and times of permitted free Travel

The area of travel will be the Isle of Wight at any time of the day, any day of the week, subject to local bus operating times.

Level of Concession

The proposed scheme provides free travel on presentation of a English National Bus Pass.

Administration

The administration of the issue of National Bus Passes will be carried out by the Isle of Wight Council. A database of all people who are issued with a bus pass will be kept. The Council will be responsible for meeting the statutory requirements for data protection.

Reimbursement

Bus operators will submit monthly returns to the Isle of Wight Council unless otherwise agreed in advance, identifying the number of journeys undertaken and the average fare payable.

For the Scheme it is intended that the generation factor used will be increased to 108.16% and a Reimbursement Percentage Level of 48.05% will be applied. These arrangements will be finalised by 3rd March 2008 following discussions with operators.

The Isle of Wight Council will require all information required to be produced in support of claims under the scheme to be certified as accurate by a "responsible person" on behalf of bus operators.

The returns will be subject to periodic audit by the Isle of Wight Council or its nominated representatives. Bus operators will be expected to provide all information reasonably required for this purpose.

The reimbursement calculations issued by Isle of Wight Council shall form part of this Scheme and the particulars and conditions contained therein shall be binding on all bus operators and Isle of Wight Council subject to any lawful variation in accordance with the Acts.

Right to Survey

The Isle of Wight Council has the right to carry out surveys on vehicles on which concessionary fares are issued. Bus operators will be consulted as to how and when the survey will be carried out and operators will be given reasonable prior notice of the Isle of Wight Council's intention.

Variations

Isle of Wight Council reserves the right to vary the Scheme or to offer discretionary enhancements to the Scheme in accordance with the provisions of the Transport Act 1985 and any reimbursement arrangements relating to and forming part of the Scheme at any time in accordance with the provisions of the Acts, upon relevant Notice. The Isle of Wight Council shall give 28 days notice in writing to Operators of any proposed variations or changes to the Scheme or reimbursement arrangements, but the period of such notice may be shortened by mutual agreement.

Right of Participation

Notwithstanding the mandatory participation of Operators in accordance with the Transport Act 2000 and the Concessionary Bus Travel Act 2007, the Isle of Wight Council may require and notify any Operator to participate in the Scheme or any variation of the Scheme in accordance with the Transport Act 1985, and such participation will commence not less than 28 days after receipt of such written notification. At the date of notification the Operator will be supplied with a copy of this Scheme and any Variations thereto.

Right of Appeal

Any Operator has a right of appeal to the Secretary of State against the terms of reimbursement of the Scheme under the Transport Acts 1985 and 2000 or against participation in any discretionary element of the Scheme under the Transport Act 1985 on the grounds that:-

Prior to making such an application, notice in writing must be given to the person and at the address specified under the 'Responsible Authority Heading above.

Signed: STUART LOVE

Director of Environment and Neighbourhood Services,
Isle of Wight Council,
County Hall,
Newport,
Isle of Wight PO30 1UD

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