Workshop on EU regulations concerning rights of passengers in bus and coach transport Belgrade, 20 September 2012.

Workshop on EU regulations

concerning rights of passengers

in bus and coach transport

Belgrade, 20 September 2012

© International Road Transport Union (IRU) 2012Page 2

Evolution of IRU Membership

1948: eight founder countries

2012: 170 Members in 73 countries

2012: 22 CRIPA Members

2012: 170 Members in 73 countries

IRU Priority Issues

Sustainable Development• Innovation

• Incentives

• Infrastructure

Facilitation• Trade

• Tourism

• Road Transport

Page 3 © International Road Transport Union (IRU) 2012

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IRU Secretariat General

1948 – IRU founded in Geneva

1973 – IRU Permanent Delegation to the European Union in Brussels

1998 – IRU Permanent Delegation to Eurasia in Moscow

2005 – IRU Permanent Delegation to the Middle East and Region in Istanbul

2012 – IRU Permanent Delegation for Africa in Casablanca

© International Road Transport Union (IRU) 2012

IRU International Commissions & Working Parties

• Social Affairs

• Economic Affairs

• Customs Affairs

• Legal Affairs

• Technical Affairs

• Road Safety

• Services to Transport Operators

Commissions

Working Parties

• Dangerous Goods

• Intermodal Transport & logistics

• Taxis and hire cars with driver

Page 5 © International Road Transport Union (IRU) 2012

EU regulation on bus passenger rights

Objectives and constraints:

• Harmonisation across EU Member States

• Consumer-oriented economy

• Passenger is the weaker party to the transport contract

• Harmonisation across transport modes

• Specificities of bus and coach sector

© International Road Transport Union (IRU) 2012Page Page 66

Passenge rights history

2004: air transport regulation

2007: railways regulation

2008: proposal for bus/coach regulation

1 March 2013: implementation of bus/coach regulation

Today: EU initiatives to further harmonise passenger rights across transport modes


What do passenger rights cover?

Non-discrimination of passengers

Rights in case of accident

Assistance to disabled passengers

Rights in case of cancellation or delay

Information to passengers

Handling of complaints


What do passenger rights cover?

Regular services > 250 km

• Whole regulation

Regular services < 250 km

• Parts of the regulation

Occasional services

• Parts of the regulation


Content of the regulation

General contractual obligations:

• Non-discriminatory contract conditions and tariffs

• Tickets

• Sub-contracts


Carriers’ obligations following an accident

Assistance:

• Facilitation of first aid

• Food, clothing

• Transport to destination or place of accomodation

• Accomodation (limited)

Any assistance provided does not constitute acceptance of liability!


Carriers’ obligations following an accident

Financial compensation:

• Death, injury, funeral expenses

• Luggage lost or damaged

• Damage to wheelchairs, mobility equipment

Relative harmonisation of amounts

Determination of national law applicable

No harmonisation of liability regimes


Carriers’ obligations in case of delays or cancellations

Delays at departure only

Cancellations, 2-hour delay, overbooking

Passenger offered the choice between:

• Continuation

• Reimbursement, with return service

Breakdown during the journey:

• Continuation with another vehicle, or

• Transport to waiting point or terminal where continuation is possible


Information at terminals

In case of delay: no later thant 30 min after scheduled departure time

If connecting service missed: reasonable efforts to inform on alternatives

SMS information, when requested


Assitance in case of delays or cancellations from a terminal

90- minute delays for schedule journeys of more than 3 hours

• Snacks, refreshments

• Accomodation (limited)

• Assistance to arrange transport to place of accomodation


Information to passengers

Non-discriminatory access conditions

Information throughout the journey

Information on passenger rights


Disabled passengers and passengers with reduced mobility

Principle: right to transport

Exceptions:

• Health and safety requirements

• Vehicle of infrastructure design

Passenger rights in case of refusal

• Before booking / after booking

• Accompanying person

Notification of assistance need

Assistance

Training© International Road Transport Union (IRU) 2012Page Page 1717

Regular services < 250 km

Compensation for mobility equipment

Right to transport for disabled persons and persons with reduced mobility

Disability-awareness training

Information throughout the journey

Information on passenger rights

Establishment of complaint-handling mechanism


Occasional services

Compensation in case of accident

Direct assitance following the accident

Compensation for mobility equipment


Serbian operators

Geographical scope of EU Regulation 181/2011:

• Regular services: the boarding or the alighting point of the passengers is situated in the territory of an EU Member State

• Occasional services: the initial boarding point or the final alighting point of the passenger is situated in the territory of an EU Member State

Page Page 2020 (c) International Road Transport Union (IRU) 2012

Serbian operators

International legal framework for regular services between an EU Member State and a third country:

• Bilateral international conventions

• Regular lines subject to authorisations typically granted for 5 years

EU regulation:

• 8 years temporary exemption of a regular line by EU Member State of departure or arrival

Page Page 2121 (c) International Road Transport Union (IRU) 2012

Serbian operators

Two alternative paths for the future of passenger rights at international level:

• Slow penetration of EU law in third countries legal systems through bilateral conventions on coach regular lines

• Development of international multilateral agreement comprising provisions on passenger rights


IRU position

The EU bus and coach sector:• 350 000 companies / 2 million employees

• Huge contribution to EU economy, tourism, mobility

• 50% of micro-companies (max. 10 vehicles) / low margins

Financila impact of the EU regulation:• Liability regime in case of accident

• On-board information equipment

• Assistance

© International Road Transport Union (IRU) 2010© International Road Transport Union (IRU) 2010 Page 23

(c) International Road Transport Union (IRU) 2012Page Page 2424

Make the Smart Move

www.iru.org

(c) International Road Transport Union (IRU) 2012

Workshop on EU regulations concerning rights of passengers in bus and coach transport Belgrade, 20 September 2012.

Documents

iru international commissions

air transport regulation2007

passenger rights cover

rights of passengers

bus passenger rightsobjectives

carriers obligations

eu initiatives

eu regulations