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Workshop on EU regulations concerning rights of passengers in bus and coach transport Belgrade, 20 September 2012
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© International Road Transport Union (IRU) 2012 Page 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
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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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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
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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
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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) 2012 Page Page 6
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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) 2012 Page Page 7
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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) 2012 Page Page 8
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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) 2012 Page Page 9
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Content of the regulation General contractual obligations: Non-discriminatory contract conditions and tariffs Tickets Sub-contracts © International Road Transport Union (IRU) 2012 Page Page 10
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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) 2012 Page Page 11
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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) 2012 Page Page 12
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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) 2012 Page Page 13
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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) 2012 Page Page 14
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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) 2012 Page Page 15
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Information to passengers Non-discriminatory access conditions Information throughout the journey Information on passenger rights © International Road Transport Union (IRU) 2012 Page Page 16
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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) 2012 Page Page 17
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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) 2012 Page Page 18
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Occasional services Compensation in case of accident Direct assitance following the accident Compensation for mobility equipment © International Road Transport Union (IRU) 2012 Page Page 19
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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 20 (c) International Road Transport Union (IRU) 2012
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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 21 (c) International Road Transport Union (IRU) 2012
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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) 2012 Page Page 22
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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) 2010Page 23
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(c) International Road Transport Union (IRU) 2012 Page 24 Make the Smart Move
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www.iru.org (c) International Road Transport Union (IRU) 2012
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