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

Motion to Approve

Moved by

That the draft Regulations laid before the House on 14 May be approved.

My Lords, these draft regulations are being made to provide new legislation to require the operators of local bus services across England outside London, including cross-border services, to openly publish data electronically about their services, including timetables, fares and location data.

For the benefit of noble Lords who may not be aware, open data is data that is published electronically, standardised, publicly discoverable and can be used by those who wish to do so without restrictions on its use and disclosure. Open data has transformed other sectors; for example, rail, where open data is feeding into customer-facing apps such as Trainline and National Rail Enquiries, and is simplifying journey planning and ticket purchase.

Bus open data will allow app developers to create applications, products and services for passengers so that they can plan journeys, find best-value tickets and receive real-time service updates. This is absolutely essential if we are to encourage the travelling public to use their local bus services and make the switch to public transport, which is vital to reducing congestion and improving air quality.

Since 2007, Transport for London—TfL—has made all its bus and transport network data freely available through the London Datastore. Currently more than half—51%—of all bus journeys are in London, with the remaining 49% across the rest of the country. A 2017 study by Deloitte exploring the value of TfL’s data found that open data was being used by 8,200 application developers to power 600 apps used by 42% of Londoners. This includes apps such as Citymapper and Bus Times London, which together were found to be delivering economic benefits of between £90 million and £130 million a year. These benefits came from travel time savings, additional journeys taken, reduced congestion and business innovation. Transport for West Midlands has also invested heavily to improve its public transport data in recent years. It has provided a single source for apps and journey planners across the region and is one of the few areas to report year-on-year growth of 7.8 million bus journeys, against a backdrop of continuing decline in bus passenger journeys elsewhere.

The statistics show that we can change how buses are perceived and attract new customers. This will be particularly important as we continue to recover and rebuild our services after lockdown. We will need to get people back on the buses when it is safe to do so, and if people feel that buses are not for them, we need to change that perception. As franchising is not yet in place in any local transport authority in England, except London, we believe that it is a vital part of the levelling-up agenda that we, as central government, regulate to require bus operators across England to openly publish data. We need to enable the provision of travel apps and services up and down the country.

My Lords, I believe that what the Minister has said will broadly be welcomed by the bus industry. There is one question. The responsibility for making the information available should rest with the operator, and I believe there is some confusion about whether local transport authorities should be responsible. I think that responsibility for the registration of the route and the details should lie with the traffic commissioner.

I take this opportunity to remind the Minister that bus use outside London is still very low and much encouragement needs to be given to people to get back on the buses. In some places there are applications to expand city-centre car parking to cater for the extra cars on the road. It would be a pity if the message sent out is that you should not use the bus. It should be “Please use the bus”, because many operators—I can instance three—have got apps that tell you which journeys carry spare seats if you wish to use the bus.

The Government are to be congratulated on these regulations. As the Minister said, they open the possibility of people creating comprehensive apps to enable bus travel to become as plannable and easy as train travel is currently. This will be a considerable advance as we look towards a multimodal, well-integrated, low-carbon transport future.

I would be grateful if my noble friend the Minister could enlarge a bit on how these regulations will apply to demand-led bus systems—those designed to meet patchy demand, going to places only when they are required to, having variable routes to meet demand—as are being developed by TfL in some places on the outskirts of London, and contemplated in other places. For locations such as Eastbourne, where I live, where there are diffuse, tortuous estates of nice houses with lots of gardens around them, full of old people, it is really difficult to maintain an economical bus system on the standard model of a timetable and fixed stops. Something much more flexible is needed, and I very much hope that these regulations will not impede that.

I hope that the regulations will also not impede the use of frequency-based services, where you have services based on timetables, to which the operators tend to be held and penalised if they do not keep to them. But if you want to encourage multimodal transport, and therefore to be able to drop a bicycle or a mobility scooter on to the back of a bus when needed, you need something where the operator is held to frequency and not to timetable, and I hope that that will fit within these regulations.

I also very much hope that my noble friend will allow me to quote her when I write to Nick Gibb, saying that if the Government are heading in this direction it is high time that we look at schools admissions information and enable open data for that in the way that we have done here.

My Lords, I welcome these regulations. I want to say a few words about apps.

I first came across the multimodal transport app Moovit a few years ago when visiting the Rhine-Ruhr area of Germany. I was amazed that it could predict quite a complicated journey involving a bus, a train and a tram, timed down to the nearest minute. I do not know Citymapper so well. Pre-Covid, going up to London by train, most people would be checking the train company’s own app. Ultimately, one would want to use a single app that covers the whole of the UK, rural areas included, and abroad as well. Certainly, this would be true for tourists.

Of course, these apps are only as good as the detail and accuracy of the information fed to them, although presentation, including the map used, is clearly important. My questions to the Minister are as follows. Will these data for buses, including GPS data, be supplied alongside all other public transport data in a freely available format appropriate for use by any multimodal transport app? What recourse does an app user have if information is found to be deficient, particularly in regard to rectifying data? If equivalent legislation is happening in Scotland and Wales, can the Minister assure us that the data supplied will be easily connectible between countries? The question ultimately begged is: how much of an integrated national transport network exists that will then make sense for passengers?

These apps strongly emphasise the network aspect of our transportation system; in other words, this is about not just a national bus strategy but a whole public transport network, of which buses and coaches are a significant part. What is particularly interesting about these apps is that they do not recognise a hierarchy of modes of transport. Everything is equal. The question is just how you get from A to B, although the user might take other factors into account. Where the network is weak, that will weaken the network as a whole, such as it exists.

A happy moment is when I can say that the Government are moving in the right direction towards a cleaner, greener and much healthier future. It is true that Transport for London has led the way on a lot of this innovation. It has been able to make travelling in London much easier, and during this period of coronavirus it is again moving forward on that front in London.

We definitely want people to use public transport more, and we want to reduce car use, simply because it clogs up our towns and city centres. Therefore, this is a very good move. It is a little late, coming many years after Transport for London did it, but at least it is happening. However, I have two questions for the Minister.

First, when will the Government insist that bus crash data is also part of the information that potential passengers can look up? In places where this is freely and readily available—not just by digging into the STATS19 of police forces and so on—and people can see on which bus routes and with which bus companies there are regular crashes, brake failures or even driver failures, they can make decisions, and the companies become safer, because they become aware of the problem.

Secondly, going cash-free is another big move that has made Transport for London bus services much more regular and reliable. Therefore, I am curious about when the Government will help the rest of the country become cashless, as it would help people to make greater use of public transport. In these days of coronavirus, we have become used to not using cash, so this would be a sensible next step.

My Lords, I congratulate my noble friend on introducing these regulations, which I warmly welcome in principle. My questions concern how they will work in practice—in particular, in rural areas. My information is that 51% of all bus journeys take place in London, where, as my noble friend said, you might have to wait between two and 20 minutes for a bus. In rural areas, you might have to wait two hours, which is unacceptable. Is one reason for the need for the regulations that currently fewer than 50% of the 87 local authorities in England provide real-time information for the bus system and there is no national database for fares information?

Will the Minister also respond to my concern that most passengers who use rural buses are on concessionary fares? Concessionary fares are most welcome but, when they were rolled out from a local/regional system to a national system, this left many local authorities, including North Yorkshire and others, cash-strapped as they had more people willing to use the service from outside than were contributing to it in the area.

The Transport Secretary is custodian of this digital service. Can the Minister explain the implications of that and where this service will be publicly available? Does one have to use the app? I agree with the noble Earl, Lord Clancarty, that Movia, in Copenhagen, works very well indeed and provides information on not just buses but train connections. If, for example, you are connecting through York to the outlying villages, it is extremely important to know if your train is delayed as that might impact on the time the bus leaves.

Although I welcome the emphasis on buses, I think it realistic to say that the Government’s announcement on e-scooters will not bring any benefits to North Yorkshire. What are the cost implications for bus operators? Will there be any implications for local authorities, which are extremely cash-strapped, with very few staffing or financial reserves at the moment? Can the Minister put my mind at rest that these regulations will work as well in rural areas, where buses are few and far between, as they are currently deemed to do in urban areas such as London?

My Lords, I welcome these regulations and congratulate my noble friend the Minister on the clear and comprehensive manner in which she introduced them.

I salute all our front-line workers who have kept the bus fleet moving during the Covid crisis, putting themselves in harm’s way; we owe them all an enduring debt of thanks. I also send sincere condolences to the families of those who lost their lives while working to ensure that other key workers could get to work to look after those of us who have fallen sick as a result of the Covid-19 pandemic.

I very much welcome these regulations. The provision of clear, coherent, consistent real-time data will not only drive passengers on to the buses in a really positive way; as other noble Lords have commented, it could bring tech and innovation into this sector. When this service was introduced in London, for example, it added some 14,000,700 jobs to the local economy. Anyone who has been on a London bus will realise the benefits of this service, and of audio-visual announcements on buses. I commend all the drivers on my local 65 bus route—for those who are interested, it runs from Ealing to Kingston very regularly.

I wrote to my noble friend the Minister last year with a question—WQ 15588—about the provision of accessibility data within this system. She said that it was not possible to include such data at that stage of the rollout. Does she think that, a year later, the time is now right to do so? Providing that information would enable those who may otherwise be uncertain about using, or unable to use, the buses to do so. There is a potential market to consider, as well as the obvious question of inclusion. It could also increase innovation in the form of apps and technology solutions to support, enable and empower disabled people.

Finally, on a separate but allied note, can the Minister tell us what is happening at Bank junction in the City of London, where currently, only buses are allowed through? This is appropriate to a certain extent, but will she look into enabling London-licensed black taxis to go through the junction? They have never been involved in a crash. For some people, particularly those with accessibility needs, a black taxi is not a luxury but a necessity to get to appointments in that part of the City.

My Lords, I join my noble friend Lord Holmes in paying tribute to those unsung heroes: the bus drivers, taxi drivers, lorry drivers and shelf-fillers who have kept the country going during Covid-19.

I totally support these regulations—they seem like a jolly good idea, creating a sort of Trainline.com for buses. My interest today is in what the Government will do with the information they collect. It seems that they will put all the information on a website, but will they develop any apps for users? According to my understanding of the regulations, anyone else can take that information and invent an app, so long as they credit the Government as the source of the data. Is that correct? Are there any circumstances in which the department might wish to develop its own app, albeit that that seems a risky policy these days? When does my noble friend the Minister expect the Government’s website service to start? Will the Government wait until they have every bit of information from every operator, or will they kick off when they have, say, 50%?

One can buy train tickets from the train company or from Trainline. Would there be any bar to an app provider selling bus tickets? With regard to the Secretary of State’s liability, I know that the app developer has to state that he accepts that the Secretary of State cannot guarantee the integrity and quality of the information, but will that hold up in court? We know that lawyers are now piling in by their thousands to sue over Covid-19, and to sue for any excuse. Could an app developer sue by alleging that the department was, say, too slow in putting timetable changes on to the website? Suppose an app provider breaches some of the conditions in Regulation 16: what can the department do to stop him or strike down his app? I cannot see any provisions for that.

The review period is every five years. I suggest that the first review should be after two years, with subsequent reviews at five-yearly intervals.