Workshop on EU regulations concerning rights of passengers in bus and coach transport Belgrade, 20...
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Transcript of Workshop on EU regulations concerning rights of passengers in bus and coach transport Belgrade, 20...
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
Page 4
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
© International Road Transport Union (IRU) 2012Page Page 77
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
© International Road Transport Union (IRU) 2012Page Page 88
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
© International Road Transport Union (IRU) 2012Page Page 99
Content of the regulation
General contractual obligations:
• Non-discriminatory contract conditions and tariffs
• Tickets
• Sub-contracts
© International Road Transport Union (IRU) 2012Page Page 1010
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!
© International Road Transport Union (IRU) 2012Page Page 1111
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
© International Road Transport Union (IRU) 2012Page Page 1212
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
© International Road Transport Union (IRU) 2012Page Page 1313
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
© International Road Transport Union (IRU) 2012Page Page 1414
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
© International Road Transport Union (IRU) 2012Page Page 1515
Information to passengers
Non-discriminatory access conditions
Information throughout the journey
Information on passenger rights
© International Road Transport Union (IRU) 2012Page Page 1616
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
© International Road Transport Union (IRU) 2012Page Page 1818
Occasional services
Compensation in case of accident
Direct assitance following the accident
Compensation for mobility equipment
© International Road Transport Union (IRU) 2012Page Page 1919
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
© International Road Transport Union (IRU) 2012Page Page 2222
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