Chamber and committees

On 5 July 2016 I announced Network Rail had informed Transport Scotland that the delivery of certain major rail projects were at significant risk of not meeting the previously committed delivery milestones and were increasing in costs.

At my instruction, Transport Scotland has been undertaking an intensive review of the programme, including the governance structures for the delivery of major rail projects. This work is expected to conclude in September 2016.

I have also already made clear to the member my intention to bring the review findings and senior Network Rail officials before the Rural Economy and Connectivity Committee to answer any questions and to set out clearly when Network Rail will deliver the promised improvements and how much they will cost.

The cost estimate for the Edinburgh Glasgow Improvement Programme (EGIP) is part of the independent review on major rail projects. That review is expected to conclude later this month following which a revised EGIP cost estimate will be provided to the Rural Economy and Connectivity Committee.

Interconnectivity of rail passenger services with other transport modes, including active travel, is key to encouraging people to travel by train. ScotRail are progressing with their ambitious programme to deliver an additional 3,500 cycle spaces across the network by spring 2018, and have installed Bike and Go facilities at ten locations across Scotland. Additionally ScotRail continue to engage with local authorities and expert sustainable travel organisations to improve walking and cycling routes to stations.

The next Clyde and Hebrides Ferry Services Contract, due to commence on 1 October 2016 for a period of eight years, was awarded to CalMac Ferries Limited and was formally signed on 22 August 2016. As part of their contractual obligations the operator will endeavour to provide improved customer service and transport integration. Calmac have also committed to a Transport Integration Manager who will specifically engage with all transport modes to ensure, where possible, better customer connections.

The regional transport partnerships and local authorities continue to work in partnership with wider delivery bodies and fund programmes of work to improve uptake and integration of public transport with other modes. For example, the roll out of real time passenger information, funding of active travel paths between trip attractors and public transport, bikes on buses projects, and installation of bike shelters and bike parking at train stations. Behaviour change projects including promotion of active and public transport are funded through the Smarter Choices, Smarter Places programme.

ScotRail will be providing details of its resource plans to provide evidence that all services are scheduled to be fully staffed; where any service is not covered, a summary of their plans to reduce instances of those services operating without a second staff member for all or part of their journey; and details of the local decision-making process when short notice absences occur. Once received, these plans will be reviewed to assess compliance with the franchise agreement.

ScotRail has recently confirmed that an additional ten ticket examiners have now been recruited to improve coverage of staff on electric service routes.

Supporting documentation is contained within SPICe - BIB number 58191

The reports provide details of every fault recorded during the first Quarter of 2016-17 for Service Schedules, the sub component fail, the train audited and a brief description of the actual fail.

Schedule 19 – Train seats, tables etc – (fails per carriage)

Schedule 20 – Train lights – per carriage

Schedule 21 – Train toilets – per facility

Schedule 22 – Train graffiti – per carriage

Schedule 24 – Train PIS – per carriage

Schedule 26 – Posters – per carriage

Schedule 27 – Train PA – per carriage

Schedule 28 – Train doors – per carriage

Schedule 30 – Seat reservations – per carriage

Fails are recorded against different inventories for each service schedule, these are provided above in brackets.

The SQUIRE audits has shown the ScotRail has performed well in several areas over the first quarter of 2016-17. Where performance has fallen below floor level Transport Scotland have requested formal Remedial Action Plans from ScotRail which are intended to identify specific issues where they are failing to meet required benchmarks and for them to provide plans to ensure performance improves to an acceptable level.

The supporting documentation is contained within SPICE BIB number 58192

The reports provide details of every fault recorded during the first Quarter of 2016/17 for Service Schedules, the sub-component fail, the station audited and a brief description of the actual fault.

Schedule 2 – Shelters – (fails per shelter)

Schedule 5 – CCTV and Security – (fail per station and at the control centre)

Schedule 7 – Station litter and Contamination – (fails per platform)

Schedule 12 – Station toilets – (fails per facility)

Schedule 16 – Help Points, Telephones and TVMs. – (fails per station)

Fails are recorded against different inventories for each Service Schedule, these are provided above in brackets.

This is not pre-meditated fraud and would not be treated as such by ScotRail. Where there are no ticket issuing facilities at the station, tickets will be available for sale during or at the end of the journey. This is in accordance with the National Rail Conditions of Carriage, which apply to all train operating companies in the UK, and Byelaw 18 (Ticketless travel in a non-compulsory ticket area).

Under the National Rail Conditions of carriage customers who board at a station without ticket buying facilities will access the full range of fares inclusive of discounted tickets. Boarding a train where ticket buying options are in place and operational, customers give up the right to discounted fares as described above.

There are various pieces of legislation or Common Law with which rail companies and British Transport Police can seek to recover the value of the journey or to prosecute and recognise the dishonest actions of the errant passenger. This can be pursued through either Common Law Fraud means, or via railway-specific legislation and Byelaws (as below).

Common Law Fraud -

A catch-all offence, including attempts that can cover the same elements as the Regulation of Railways Act 1889 offences (see below) whilst recognising a level of felonious intent perhaps missing in some statutory offences.

Might recognise level of planning or activity involved in avoiding payment, or misrepresenting the extent of a journey paid for, the altering of tickets.

Higher tariff penalties including imprisonment.

Regulation of Railways Act 1889 - Section five creates the following offences

Travelling/attempting to travel on the railway without having previously paid the fare and with intent to avoid payment;

Having paid the fare for a certain distance, knowingly and willingly proceeding by train beyond that distance without paying the additional fare and with intent to avoid payment;

Having failed to pay the fare, giving a false name and address in reply to a request from an officer of the railway.

Railway Byelaws 2005 -

The byelaws cover various ticket offences whilst describing circumstances whereby a passenger may start a journey without a ticket (no provision of purchase/validation facilities etc).

The current franchise agreement does not allow the franchisee to introduce penalty fares on either the ScotRail or Caledonian Sleeper franchises.