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ISLE OF WIGHT STUDENT RIDER CONCESSIONARY FARES SCHEME 2009 ('the Scheme')
NOTICE OF PARTICULARS OF THE SCHEME


Introduction

The Student Rider Concessionary Fares Scheme ("Scheme") determined by Isle of Wight Council will come into effect on Wednesday, 4 March 2009 and continue until further notice.


Legislation

The scheme is made in accordance with the discretionary powers contained in the Transport Act 1985 ('the 1985 Act') and pursuant to the well-being power under section 2 of the Local Government Act 2000.


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:

Transport Department
Highways & Transport
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 Neighbourhoods,
Isle of Wight Council,
County Hall,
Newport,
Isle of Wight PO30 1UD


User Eligibility

Residents of the Isle of Wight who meet all of the following criteria ("Eligible Users") will be eligible for concessionary travel in accordance with the Scheme:

  • is either:

        a) between five (5) and eighteen (18) years of age; or

        b) 19 years of age, but only where their 19th birthday occurred during the current academic        year and only for the period of such academic year (where the dates of such academic year        shall be those published by the Isle of Wight Council's Director of Children's Services); and

  • is enrolled in education on a full time basis;
  • is in possession of and presents to the operator upon boarding a service a valid Student Rider Card issued by a school or college on the Isle of Wight in an agreed form


Hours of Operation

The Scheme will permit Eligible Users to travel on all registered bus services within the Isle of Wight ("Relevant Service") upon payment of a fare of one pound (£1) ("Concessionary Fare").


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 travel for Eligible Users on a Relevant Service upon payment of the Concessionary Fare.


Administration

The administration of the issue of Student Rider Cards will be carried out by schools and colleges on the Isle of Wight, on behalf of the Isle of Wight Council.


Reimbursement

Bus operators will submit monthly returns to the Isle of Wight Council unless otherwise agreed in advance, identifying:

  • the number of journeys undertaken by Eligible Users ("Student Rider Journeys") in accordance with this Scheme on such operators' services in that calendar month; and

  • the level of reimbursement payable to the operator in accordance with this Scheme;

The amount payable under the Scheme shall be calculated on the basis of a net generation factor of 78%, yielding a reimbursement rate of 56.2% of 90% of the average adult fare, less the £1.00 Concessionary Fare paid by the Eligible User, for each Student Rider Journey made.

The Council may therefore vary the generation factor applicable to an operator (and therefore reimbursement payable) during the period of the Scheme to take into account data available to the Council and any data supplied by any operator (if it can be shown that the data supplied is more accurate than the data available to the Council). 

As a default the Council shall use for the purposes of the reimbursement calculation the same average fare that is used under the Isle of Wight Concessionary Scheme 2009/2010 for elderly and disabled persons.  In calculating the average fare the Council reserves the right to take into account any data available relating to the travel patterns of concessionary passengers, to ensure that the average fare foregone reasonably represents fares that would have been paid by such concessionary passengers in the absence of a scheme

The Council will also pay the sum of twelve pence (£0.12) for additional generated Student Rider Journeys, in excess of the number of such journeys which would have been made by Eligible Users in the absence of the Scheme to cover any additional operating costs resulting from having to meet the increased demand from Eligible Users.  Such payments represent an estimate of likely additional costs. 

In addition to the above, in accordance with section 96(4) of the 1985 Act, where an operator applies to be admitted to participate in the Scheme, if it appears to the Council that fares currently charged, or proposed to be charged by an operator on a service include a special amenity element, the Council shall not be required to admit that operator to participation in the scheme in respect of that service unless the operator agrees appropriate modifications of the reimbursement arrangements in this scheme as they apply to such service, and where an operator already participating in a scheme has fares which the Council believes include a special amenity element, the Council may on 42 days notice exclude such operator from participation in the Scheme in respect of such service unless before the end of such period the operator has agreed appropriate modifications to the reimbursement arrangements to be made, in accordance with section 96(5) of the 1985 Act.

The Council shall use all such data provided by such operator, in conjunction with any further information that the Council may itself have to assess the additional costs incurred by the operator and assess any additional reimbursement payments to be made (or if excess additional costs have been paid).

The Isle of Wight Council will require all information required to be produced in support of any 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.

At the end of each financial year, the Council shall review the reimbursement calculations made in accordance with the scheme during the previous financial year (including additional cost calculations).  If following the review it is determined by the Council that the amount of reimbursement (including additional costs) paid during the previous financial year to an operator should have been higher then the Council will pay the difference to such operator within 3 months of the date of recalculation.  If following the review it is determined by the Council that the amount of reimbursement (including additional costs) paid to an operator during the previous financial year should have been less, the Council will either:

(1)      deduct by equal instalments the amount of over reimbursement from the next three payments to be made under the Scheme to such operator; and/or

(2)      if such next three payments are not or will not be sufficient to re-pay such over-reimbursement, demand such over-reimbursement from the operator by notice in writing, and such operator shall be obliged to make such repayment within 30 days of receiving such demand.
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 terms of the Scheme and 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

All operators operating eligible services within the Isle of Wight are entitled to participate in the Scheme 28 days after applying to the Council to participate in the Scheme, or on in respect of a service on any such later date that such operator commences a service which is eligible for participation in the Scheme. For the avoidance of doubt, subject to the period of 28 days notice, the Scheme allows admission on any day.  

Additionally, 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 and/or the Council shall be entitled to (but not required) to request an Early Neutral Evaluation of any dispute between such operator(s) and the Council as to reimbursement under the Scheme, in accordance with the Dispute Resolution Procedure set out in the Schedule to this Scheme. The recommendation of the independent expert will be non binding and intended to assist the parties in understanding the merits of their position prior to deciding whether to take further action, unless the parties determine that they would wish the determination to be binding.

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

(a) There are special reasons why their company's participation in the scheme in respect of any of the services to which the notice applies would be inappropriate (under the 1985 Act); or

(b) Any provision of the scheme or of any of the scheme arrangements are inappropriate for application in relation to any operators who are not voluntarily participating in the scheme (1985 Act only).

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 Neighbourhoods,
Isle of Wight Council,
County Hall,
Newport,
Isle of Wight PO30 1UD


SCHEDULE

Dispute Resolution Procedure

1. In the event of any dispute arising in connection with any matter arising from the Scheme which cannot be resolved by agreement between the parties representatives within 5 working days of the dispute arising, senior representatives of the parties shall, within 5 working days of a written request from either party to the other, meet in good faith to attempt to resolve the dispute.

2. If the dispute is not resolved as a result of such meeting, either the Council or the relevant Operator may (at such meeting or within 5 working days of its conclusion) propose to the other in writing that the dispute be referred to an independent expert ("Independent Expert"). The Independent Expert shall conduct an Early Neutral Evaluation of the Dispute as set out in the process below. The Early Neutral Evaluation leads to a non binding Recommendation ("the Recommendation") being issued by the Independent Expert. The Early Neutral Evaluation process is private and confidential.

3. If the parties are unable to agree on a Independent Expert or if the Independent Expert agreed upon is unable or unwilling to act then any party may within 5 working days from the date of the proposal to appoint a Independent Expert or within a further 5 working days of notice to either party that he or she is unable or unwilling to act, apply to the President of the Law Society to appoint an Independent Expert.

4. If any matter is referred to the Independent Expert for determination in accordance with paragraphs 2 and 3 above, then:

(a) the Independent Expert shall provide the Recommendation, subject to the remaining provisions of this paragraph 4, on a basis that is fair and reasonable in all respects as between the Operator and the Council and that takes into account all relevant factors and circumstances;

(b) the Independent Expert shall act as an expert in providing a non binding opinion;

(c) the Council and the Operator shall ensure that the Independent Expert has full access to all books, information and records in their possession or in the possession of their auditors and accountants that are relevant to the dispute and to his determination thereon. The Council and the Operator shall be permitted to serve written submissions setting out their position in relation to the dispute on the Independent Expert ("Initial Submissions") within 14 days of the appointment of the Independent Expert. The Council and the Operator shall then have the opportunity to serve a reply to the other party's Initial Submissions ("Final Submissions") within 14 days of the deadline for serving Initial Submissions. The Independent Expert shall be appointed on the basis that he/she shall use best endeavours to provide the Recommendation within 21 days of receiving the Final Submissions.

(d) the Independent Expert's fees shall be borne equally by the parties unless he shall decide that one party has acted unreasonably (in which case his fees shall be borne as he shall direct).

(e) the Council and the Operator expressly acknowledge that the Independent Expert shall not be liable for any act or omission whatsoever in connection with this Early Neutral Evaluation.

(f) None of the parties will call the Independent Expert as a witness, consultant or arbitrator in any litigation or arbitration in relation to the dispute in question.

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