UK Bus Franchising Explaination

Report by Lee Fletcher and Emery Taylor

To explain the updated UK Bus Franchising Guidance, here is a structured, easy-to-understand, and  informative approach: 

1. Introduction and Context 

Objective: Explain that the UK Government is focused on improving bus services to meet  the needs of local communities, especially in underserved areas. 

Current System Flaws: The existing commercial model, where operators determine routes,  is not fully serving communities, leading to declining bus usage and service levels.

New Approach: The Government's updated guidance aims to empower Local Transport  Authorities (LTAs) to take control of bus services through franchising. This gives them the  ability to decide routes, schedules, and standards that cater better to local needs. 

2. Key Elements of the Updated Guidance 

Franchising Powers: Previously, only Mayoral Combined Authorities (MCAs) could use  franchising powers. The updated guidance opens up these powers to all LTAs. On 9th  September 2024, the Secretary of State laid legislation that enables any LTA to pursue  franchising. 

Flexibility: The franchising model is flexible. LTAs do not need to franchise all routes at  once; they can focus on key corridors or specific areas. It also allows combining franchised  services with commercial services. 

3. The Franchising Process 

Five Key Stages

1. Access Powers: LTAs need to access statutory powers and commit to preparing a  franchising proposal. 

2. Proposal Development: Develop a detailed proposal and assess it against other  options, such as Enhanced Partnerships (EPs). 

3. Consultation: Consult stakeholders on the proposal. 

4. Decision to Proceed: Based on consultation, decide whether to move forward with  franchising. 

5. Implementation: Transition the market to a franchised system. 

4. Benefits for LTA Areas 

Local Control: The guidance empowers LTAs to design bus services that directly meet local needs. This could lead to improved service integration and reliability. 

Flexibility for Rural Areas: For rural areas, the franchising model offers flexibility,  allowing for both franchised and commercial services that maintain connectivity.

Proven Models: The success of Greater Manchester's franchising shows the potential, with  a reported 5% growth in passenger numbers.

5. Support and Guidance 

Government and DfT Support: The Department for Transport (DfT) is increasing its  capacity to support LTAs through the franchising process, offering on-the-ground assistance  to simplify and speed up implementation.  

Statutory and Non-Statutory Guidance: The guidance includes both statutory (must be  followed) and non-statutory advice to help LTAs navigate the process. 

6. Conclusion 

Opportunity: The updated guidance represents a significant opportunity for LTAs to  improve its bus services through greater local control and flexible franchising options.

Call to Action: Encourage people to consider how these changes can be leveraged to  enhance public transport in their areas. 

This structured explanation should help stakeholders understand the updated guidance and its  potential benefits for WECA, North Somerset, and the northern half of Somerset. 

Here’s a comprehensive list of potential questions and corresponding answers that might come up,  including questions from those who may be sceptical or opposed to bus franchising: 

1. Why do we need bus franchising? Can’t we improve services through  Enhanced Partnerships (EPs) or the current commercial model? 

Answer

The current commercial model, while effective in some areas, has led to declining service levels and passenger numbers in many areas, including ours. Enhanced Partnerships (EPs) have their merits,  but they rely heavily on collaboration with bus operators, who still maintain control over key  decisions like routes and timetables. Franchising gives Local Transport Authorities (LTAs) full  control over services, allowing us to make decisions based on community needs, ensuring  integration with other transport modes, and improving service reliability. With franchising, we can  design a network that is more aligned with our specific needs, especially in rural areas where the  current system falls short. 

2. Won’t franchising be too costly and bureaucratic to manage? 

Answer

Franchising can come with upfront costs, but the Government’s revised guidance has made the  process quicker and cheaper for LTAs by simplifying and streamlining the procedures. Additionally, franchising gives us the flexibility to phase in services and focus on areas where we can make the  biggest impact first, rather than trying to overhaul the entire system at once. Over time, the benefits  of franchising—such as improved service coordination, increased passenger numbers, and better  integration with other forms of transport—are expected to offset the costs.

3. What about the private operators? Won’t franchising push them out or  reduce competition? 

Answer

Franchising is not about pushing out private operators; it’s about creating a more structured system  where bus operators still have a key role but work within a framework designed by the local  authority. Operators will bid for contracts to provide services under the franchise, allowing  competition to continue in a controlled environment. This ensures services are delivered to the  required standard, with accountability to the local authority. In fact, franchising has been shown to  work well in cities like London, where private operators still play a crucial role in service delivery. 

4. Won’t this limit the choice and innovation that private operators currently  bring to the market? 

Answer

Franchising doesn’t limit innovation—it can actually encourage it. By setting clear service  standards and goals, LTAs can incentivise operators to bring forward innovative solutions to meet  those needs, whether it’s through more eco-friendly buses, smarter ticketing, or improved passenger experiences. Innovation can still flourish within a franchising model, but it will be directed in ways  that align with the broader needs of the community rather than driven purely by profit. 

5. Is franchising really going to work in a rural area like Somerset? Isn’t this  better suited for cities? 

Answer

While franchising has been successful in urban areas like London and Greater Manchester, the new  guidance specifically acknowledges the importance of flexibility in rural settings. Franchising  allows us to blend franchised services with commercial ones, which is particularly useful in areas  where routes might not be commercially viable but are essential for maintaining connectivity. By  taking control of these decisions, we can ensure that vital routes are preserved, and rural  communities are not left behind. 

6. What evidence do we have that franchising will increase passenger numbers  or improve services? 

Answer

Greater Manchester’s early experiences provide clear evidence of franchising’s potential. In just six  months after launching their first franchised services, they reported a 5% increase in passenger  numbers. London’s long-established franchising model has consistently delivered one of the best  urban bus networks in the world. By taking control of bus routes, timetables, and service standards,  local authorities are able to design services that are more responsive to local needs, which attracts  more passengers over time.

7. Is there a risk of job losses among bus drivers or support staff with  franchising? 

Answer

Franchising does not aim to reduce jobs. In fact, the Government’s guidance ensures that if  franchising is introduced, existing employees working on those services are protected under the  Transfer of Undertakings (Protection of Employment) Regulations (TUPE). This means that staff  working for an operator whose services are transferred to a new operator will have their  employment rights preserved. We would also be looking to enhance services, which could increase  job opportunities in the long term. 

8. If franchising doesn’t work out, what is the backup plan? 

Answer

Franchising will be introduced based on thorough planning and consultations, supported by the  Department for Transport and with insights from successful case studies like Greater Manchester.  However, if an LTA finds that franchising isn’t delivering the expected results, it can be scaled back  or re-evaluated. The guidance allows for flexibility, meaning LTAs can adapt their approach based  on changing circumstances. There are also other models like Enhanced Partnerships that can  complement franchising if needed. 

9. How will franchising ensure better service for passengers when the private  sector has failed to do so in some areas? 

Answer

The key difference with franchising is control. Under the current system, private operators prioritise commercial interests, which may not always align with the needs of passengers. Franchising gives  LTAs the ability to set clear standards for service delivery—such as punctuality, vehicle quality, and customer service—which operators must meet under their contracts. This ensures a higher level of  accountability and puts the interests of passengers first, rather than leaving key decisions purely to  market forces. 

10. How will franchising address issues such as fares and ticketing? 

Answer

Franchising gives LTAs control over fare structures, allowing us to introduce simpler, more  affordable ticketing schemes, including integrated tickets across different modes of transport. This  could make bus travel more accessible and attractive to passengers. By having control over the fare  system, we can ensure pricing policies reflect local economic conditions and help promote more  sustainable travel choices.

11. What will happen to smaller bus operators under a franchising model?  Won’t they be pushed out by larger companies? 

Answer

The guidance encourages LTAs to create opportunities for small and medium-sized operators to  participate in franchised services. For example, contracts can be designed in a way that allows  smaller operators to bid for specific routes or services, and there may also be opportunities for  subcontracting. The goal is not to shut out smaller operators but to involve them in delivering high quality, locally accountable services. 

12. What happens if a bus operator fails to deliver under a franchise agreement? 

Answer

In a franchising model, operators are bound by contracts with the local authority. If they fail to meet the agreed standards, the authority can take action, such as imposing penalties, requiring  improvements, or ultimately replacing the operator with another through a competitive bidding  process. This ensures a higher level of accountability and reliability in service delivery, which is  lacking in the current system. 

13. What kind of support will Somerset get from the Government or the  Department for Transport? 

Answer

The Government has committed to providing more support for LTAs pursuing franchising. This  includes on-the-ground assistance, sharing best practices from other areas, and guidance on  navigating the franchising process. The Department for Transport has expanded its capacity to  ensure that LTAs receive the help they need to successfully implement franchising. 

14. How long will it take to implement franchising, and will there be disruptions  during the transition? 

Answer

Franchising implementation is typically phased, which helps to minimise disruptions. The process  involves careful planning and consultation to ensure that services continue during the transition.  Depending on the scale of the franchising proposal, the timeline can vary, but the focus will be on  ensuring a smooth handover and maintaining continuity of service throughout.

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