Wednesday, 23 March 2022

Huge concern about TFL withdrawing from the Travelcard Agreement

To whom it may concern

I volunteered to bring this issue to your attention in regards to TfL's proposal to withdraw from the Travelcard Agreement.


You might have seen the recent TfL extraordinary funding and financing settlement letter dated 25 February 2022, the text says:

"Annex A – Fourth Funding Period deliverables
New revenue streams

To achieve this condition:

2. TfL will provide to DfT an impact assessment on different passenger groups of the withdrawal from the travelcard agreement prior to commencing with the withdrawal."


I've found the recent answer by the Mayor regarding the impact of withdrawing from the Travelcard Agreement, he only mentioned about the increasing use of PAYG due to hybrid working of many office workers.

https://www.london.gov.uk/questions/2022/0284


I find the answer quite confusing because he haven't mentioned about the minority of users who uses a paper One Day Travelcard (and weekly/monthly/annual Travelcard on Oyster) for various users including:

• Some people who don't own a Oyster and contactless card only rely on cash payments for paper tickets.
• Some people who are infrequent and occasional travellers to London and usually purchase a paper One Day Travelcard as part of their rail ticket from a station outside the Oyster/Travelcard zones.
• Some people (including domestic/foreign tourists, infrequent and occasional travellers) still don't understand the Oyster/Contactless PAYG system because of the requirement of touching in and out at stations. They prefer to use the paper One Day or Weekly Travelcard to reduce the confusion.
• Railcard users who get 1/3 off by purchasing a Day Travelcard because its hard for them to get 1/3 off on Oyster PAYG card and the Travelcard is more convenient.
• Disabled (including wheelchair) users who don't have Freedom pass or live outside of London where their free travel concession is restricted to buses only (and some are valid on their local train and tram services), this also include those who are not fond of the PAYG system as mentioned above. Disabled Railcard users (especially from outside of London) also purchase a One Day Travelcard as they get 1/3 off. Wheelchair users may have to take a longer journey (by going to another station and back) due to lack of facilities such as lift/ramp only on one side of the platform and could cause them to pay maximum fare on PAYG Oyster.
• Transport enthusiasts including people who do Tube Challenges. I did mention Geoff Marshall raised an issue on his Twitter (now deleted) about maximum fare on PAYG Oyster which is an issue for people trying to do Tube Challenges. He also raised the issue at the end of his YouTube video when he attempted to do 'The Most Out of Station Interchanges In One Journey'.


Retaining the paper One Day Travelcard will help reduce the burden on TfL's Oyster customer services because of maximum journey times causing them to get maximum fare as mentioned above.

Withdrawing from the Travelcard Agreement will create a two-tier system for non-Oyster and non-Contactless card users. Not only it will cause frustration and confusion, passengers who are not aware may end up getting fined by the Revenue Protection Inspectors on National Rail services in London.

I point out the Mayor stated on the Questions: "Ceasing participation in the Travelcard Agreement would mean that Transport for London (TfL) would stop selling Travelcards. It would also mean that Travelcards would no longer be valid for travel on TfL services."

Then I looked at the document of Consultation on The Mayor’s Budget for 2022-23 and it says: "...as well as the phasing out of the travelcard scheme on non-TfL services in London from sometime in 2023 (subject to appropriate impact assessment and consultation)."

page 117

I find the answer by the Mayor quite confusing because the statements are conflicting.

The words "subject to appropriate impact assessment and consultation" is also mentioned on the small text at the bottom left of TfL Budget Update paper for the 2 February 2022 TfL board meeting.

The text also says:
"Modifications to fares structure and ticketing:
◦ withdrawing from the Travelcard Agreement, which will require the support of HMG"

page 3


Here's the documents of the Travelcard Agreement:

1995 Travelcard Agreement (which mentions TfL's predessor London Regional Transport)


Travelcard Agreement, Through Ticketing (Non-Travelcard) Agreement and Clearance Agreement obtained by FOI request in May 2019.


You may need to submit a FOI request to TfL to obtain the latest Travelcard Agreement document.

The Travelcard Agreement with train operators is done commercially and with recommendation by the government as part of their franchise contracts.


I've done further research by reading the legislations and I believe there could be indirect legal protection of the Travelcard thanks to the Bus Services Act 2017?

Greater London Authority Act 1999

175 - Co-operation with the Strategic Rail Authority.

(1) It shall be the duty of Transport for London (either acting directly, or acting through a subsidiary) and the Secretary of State to co-operate with one another in the exercise and performance of their respective functions for the purpose -

(a) of co-ordinating the passenger transport services for persons travelling to, from and within Greater London -
(i) which are provided by Transport for London or any of its subsidiaries, and
(ii) which are provided under franchise agreements, or are secured services (within the meaning of Part 4 of the Railways Act 2005) provided by or on behalf of the Secretary of State ; and
(b) of securing or facilitating the duty of Transport for London under section 154(3) above;


Transport Act 2000 (with sections inserted by Bus Services Act 2017)

134C - Advanced ticketing schemes

(1) A local transport authority whose area is in England, or two or more such authorities acting jointly, may make a ticketing scheme (an "advanced ticketing scheme") covering the whole or any part of their area, or combined area, if they consider that the proposed scheme-
(a) would be in the interests of the public, and
(b) would contribute to the implementation of their local transport policies.

(4) The descriptions of tickets which may be covered by an advanced ticketing scheme are-
(d) tickets entitling the holder to make a journey, or more than one journey, involving both travel on one or more local services and travel by one or more connecting rail or tram services.

(5) A connecting rail or tram service, in relation to an advanced ticketing scheme, is a service for the carriage of passengers by railway or by tramway (or by both) which runs between-
(a) a station or stopping place at or in the vicinity of which local services stop and which serves any part of the area to which the ticketing scheme relates, and
(b) any other place.


135 - Joint and through ticketing schemes.

(1) A local transport authority, or two or more such authorities acting jointly, may make a ticketing scheme covering the whole or any part of their area, or combined area, if they consider that the proposed scheme-
(a) would be in the interests of the public, and
(b) would contribute to the implementation of their local transport policies
(but this is subject to subsection (1A)).

(4) The descriptions of tickets which may be covered by a ticketing scheme are-
(a) tickets entitling the holder to make more than one journey on particular local services or on local services of a class specified in the scheme (whether or not operated by the same person),
(b) tickets entitling the holder to make a particular journey on two or more local services (whether or not operated by the same person),
(d) tickets entitling the holder to make a journey, or more than one journey, involving both travel on one or more local services and travel by one or more connecting rail or tram services.

(5) A connecting rail or tram service, in relation to a ticketing scheme, is a service for the carriage of passengers by railway or by tramway (or by both) which runs between-
(a) a station or stopping place at or in the vicinity of which local services stop and which serves any part of the area to which the ticketing scheme relates, and
(b) any other place.


Although TfL is classified as a 'local authority', I believe the legislation applies to TfL because I've found one section which mentions 'London transport authorities'.

134D - Notice and consultation requirements

(1) If a local transport authority for an area in England, or two or more such authorities, propose to make an advanced ticketing scheme under section 134C, they must give notice of the proposed scheme in such manner as they consider appropriate for bringing it to the attention of persons in the area to which it relates.

(4) For the purpose of subsection (3)(c) the following are relevant local authorities-
(e) London transport authorities


In late 1994, the Secretary of State for Transport stated (with quoted text below the legislation) section 4 the Railways Act 1993 helped retained the London Travelcard as part of splitting British Railways to franchises operated by private companies.

Railways Act 1993

4 - General duties of the Secretary of State and the Office of Rail and Road

(1) The Office of Rail and Road shall have a duty to exercise the functions assigned or transferred to it under or by virtue of this Part or the Railways Act 2005 that are not safety functions in the manner which it considers best calculated—
(e) to promote measures designed to facilitate the making by passengers of journeys which involve use of the services of more than one passenger service operator;

(7) Without prejudice to the generality of paragraph (e) of subsection (1) above, any arrangements for the issue and use of through tickets shall be regarded as a measure falling within that paragraph.


Written Answers: Post-Privatisation Services
Volume 250: debated on Tuesday 22 November 1994

Mr. Tyler

To ask the Secretary of State for Transport what action he is taking to ensure the continued availability of through-tickets and travelcards after the privatisation of rail and bus services.

Mr. Watts

The continuation of through-ticketing after rail privatisation is ensured through provisions in section 4 of the Railways Act 1993. The Franchising Director will require franchisees to participate in multimodal travel schemes such as travelcard so long as he is satisfied that participation will result in no new net cost falling on his budget.The overall structure of fares and ticketing on London's buses will remain the responsibility of London Transport after privatisation, thus ensuring the continued availability of London travelcard. Outside London, bus operators are free to introduce multi-operator tickets so long as they do not amount to anti-competitive price fixing arrangements. Local authorities and passenger transport authorities also have powers to organise multi-operator travelcard.


By quoting these legislations, It would be interesting to see if this will lead to legal issues (including a potential legal challenge) for TfL, the Mayor and DfT? If anyone wishes to take legal action against them in attempt to save the Travelcard, good luck.

Brief note: By the way I'm not a lawyer nor qualified in legal profession, I'm only a researcher by reading through the legislation.

 

The legislation have enabled many areas in the UK to have their own 'Travelcard' ticketing (equivalent to One Day Travelcard) on multiple transport modes.

Bristol:
Freedom Travelpass
The Freedom Travelpass is a flexible ticket for unlimited train and bus travel within four zones.

Cornwall:
Ride Cornwall
The Ride Cornwall ticket gives you one day’s unlimited travel on all off peak rail and most bus services within Cornwall and between Cornwall and Plymouth (plus the Tamar Valley Line).

Liverpool:
Saveaway
If you make regular journeys using more than one type of public transport in Merseyside, we offer a one day ticket that could save you money off standard fares. Covering bus, train and ferry.

Manchester:
System One AnyBus, Train, & Tram (Off-peak)

Nottingham:
All buses, trams and trains in Nottingham (Robin Hood)

South Yorkshire:
SYConnect+ Day
This ticket gives you unlimited travel on all local bus, tram and train services within the South Yorkshire TravelMaster zone.

Tyne and Wear:

Network One Adult Day Rover

Get to where you want, when you want, how you want by bus, Metro, train or ferry


West Midlands:
Network - unlimited bus, train and tram travel

West Yorkshire
WY DaySaver Bus and Train (Off-Peak): £9.20 - Purchase via the MCard Mobile App or from a Bus Station Travel Centre or a Rail Station ticket office. Enjoy unlimited off-peak bus and train travel anywhere in West Yorkshire.  

Many more on National Rail website:

Therefore this will be completely unfair to have the One Day Travelcard removed for London as some areas have their own equivalent.

 

As we are recovering from the pandemic and the usage is increasing once again, with the upcoming fare rises which is very unpopular for passengers, I hope TfL will regain ground financially once again.

 

This is absolutely no solution for TfL and DfT in attempt to increase their revenue because withdrawing from the Travelcard Agreement will also be catastrophic for TfL's finances and the political reputation for the Mayor of London, especially from the South of London where most of the railway services are non-TfL. This is why the ticketing integration (especially paper) between TfL and National Rail must be retained at all costs.


I also hope their impact assessment will encourage DfT, TfL and the Mayor to decide against the proposal and retain the current Travelcard arrangement.

I hope the information helps and I wish you the very best of luck.

PS: I wish to remain anonymous, I've taken my own time to do my research and compile the information to bring the issue to your attention. Please share it to others if you can. Thanks

Response from richard.erta@gmail.com

Hi,

Thanks for looping me and associates in on this news and research, well done! At a time when we are being told to think 'green' and use public transport more contrast more on the roads, the Travelcard has and remains an invaluable tool in optimising travel options around the capital and ideally should be extended nationwide in concept, not abolished. Draconianism and the pushing us into cashless digitised cultures, disenfranchises swathes of the public not geared to it or who wish to keep options open, avoid unnecessary costs or new technology when the system works perfectly well without those changes being forced onto unwitting audiences. Indeed where I live there's a Day Rider at £6 and no return tickets apparently and other ticketing is above the Day Rider with singles still being sold as I heard discussed on the X5 Bedford-Oxford cross country bus link, was a coach with toilet and cycle accommodation, now double deckers with cycle and toilet withdrawn. 2.5 hours each way in the saddle takes some doing. I do hope Railfuture, CBT and other larger organisations take action and lobby for retention of the Travelcard, it is invaluable for a comprehensive day out minus the car and the freedom to roam for all pockets should be a human right, whereas I feel ever-more from 1960's closures to affordability agendas and digitalisation, masse audiences are being constrained and kettled to localism and mobility cordoned on cost, access or what is 'there' or not. For example there's a No. 41 bus which has only one out from Bedford to Northampton on a Sunday, so getting back is a problem. Two principal towns with 1.5 hours intervals Monday - Saturday departures and takes 1.5 hours to do the 21.5 miles as well. It begs who is really in charge and do they have a clue let alone a care for inclusion, equality and values of humanity, quality of life, choice and optimising the spread of footfall and spend minus the congestion on our roads and land use parking demand, land which could be used for other more productive things like employment, housing, conservation and farming for example. I wish you well and am disseminating as you intimate in the wider interest. Thank you.

We have a public meeting in Horsham on Saturday and any of your networks are welcome to attend and / or join ERTA and help us with our work as well.

Maybe you could do a small summary article for our July newsletter and/or attend our London Forums for liaison and networking?

Yours sincerely,


Richard Pill
ERTA Chairman

Actions:
1. Please write to your local MP: https://members.parliament.uk/members/commons
2. Join ERTA and consider being an assistant volunteer: https://ertarail.co.uk/become-a-member/

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