INFOPAGE
To: Chief Executive Officer
Organisation:
Reference:
Subject:
IN BRIEF
Operational Area:
All Councils (with Public Transport
Services)
05-001-003-0037
Bus Stop Infrastructure
From: Nina Hewson, Policy Officer
Transport and Roads
Date: 20 January 2012
Priority: High
Key Issues:  Bus stop infrastructure funding and maintenance situation
 WALGA is seeking feedback to establish a policy position around Local Government’s installation and maintenance responsibilities for bus shelters, seats and bins.
Action Required: Please respond by Friday 24 February 2012 to indicate your Local Government’s management option preference at the web link on page 4.
WALGA has been working with the Local Government (LG) Sector and negotiating with the Public Transport Authority (PTA) for a number of years in an endeavour to clarify and advise on LGs’ involvement with regard to public transport bus stops infrastructure.
Background
The Public Transport Authority Act 2003 provides the PTA with head of power for all transport responsibilities including establishment and maintenance of bus stop infrastructure, without limitation. When the Act was introduced to Parliament, it was stated:
“The establishment of the Public Transport Authority will result in ….. the delivery of public transport into a single-focussed agency. It will also have responsibility for providing the infrastructure to deliver public transport services, which will result in an effective and integrated approach to the provision of transport services.”
There are approximately 13,000 public transport bus stops in WA and approximately 3000 of these have bus shelters.
Historically the PTA (and its antecedent organisations) installed bus stops by erecting a post. LGs then improved the verges by providing path links or hard stands. However, LG has at no stage had any legislative obligation or responsibility to be the
“provider” of bus stop infrastructure.
Since 15 August 2002, under the Commonwealth Disability Standards for Accessible Public Transport (‘the Standards”), the
PTA was assigned a legal duty to construct all new bus stops to Disability Discrimination Act (DDA) compliance and to progressively update all existing bus stops by December 2022.
In discussions with WALGA, the PTA acknowledged its legal responsibility for provision of bus stop infrastructure but informed this has practical limitations, incorporating only the bus stop pole, a level concrete hard-stand area at correct height, tactile ground surface indicators (TGSIs) and three metres of connecting pathway. The PTA has indicated they will not provide public transport patrons with additional ‘discretionary’ infrastructure such as bus shelters, seating or bins, and will look to LG to provide this infrastructure in accordance with historical arrangements.
Local Government House
15 Altona Street
West Perth WA 6005
PO Box 1544
West Perth WA 6872
Facsimile (08) 9322 2611
Telephone (08) 9321 5055
Email info@walga.asn.au
Website www.walga.asn.au
For Further information please contact
Nina Hewson on 9213 2050 or email nhewson@walga.asn.au
The Voice of Local Government

INFOPAGE
Independent legal advice established that there is no legal responsibility for any LG to provide or maintain bus stop infrastructure but there is a perception, from both the public and the PTA, that LG has a role to play; it is WALGA’s view this perception is based on historical arrangements previously described.
WALGA distributed an Info Page and Fax back in May 2010 requesting feedback on preferred approaches for provision and maintenance of bus stops and associated infrastructure. Responses were received from LGs and these reflected disparate views within the Sector.
Previous consultation has indicated that some LGs would prefer to have the option of installing ‘discretionary’ bus stop infrastructure themselves. This is generally because they have commercial arrangements with marketing companies to offset the cost. There is also disagreement on who should fund and execute the maintenance function. Some LGs are against taking any responsibility for bus stop infrastructure arguing that it functions to serve PTA passengers and the PTA should therefore take full responsibility for both construction and maintenance.
The purpose of this Info Page is to survey support for a range of options to LG covering provision and maintenance of
‘discretionary’ infrastructure associated with bus stops such as shelters, seats and bins and for LGs to identify a preferred option. This will enable WALGA to develop a policy position to underpin discussions with the PTA.
Current Funding Arrangements
Bus Stop Accessibility Works Program (BSAWP)
The PTA is in the process of upgrading all bus stops to meet mandatory disability access requirements. The program and construction are managed by the PTA. The upgrade typically involves the installation of a concrete platform, three metres of connecting footway and provision of TGSIs. This program does not extend to discretionary infrastructure (shelters, seats and bins) which the PTA deems to be LG’s responsibility. Details of this program and the PTA design criteria can be viewed at www.pta.wa.gov.au.
Accessible Pathways Grants Scheme (APGS)
Linked to the BSAWP, the PTA has funding available for additional footpath construction to improve access to bus stops. The grants are available on a 50:50 cost share basis with Local Governments and the projects are usually managed by the PTA.
LGs may arrange to manage the project after PTA approval.
Bus Shelter Grant Schemes (BSGS)
Where existing bus shelters conflict with the BSAWP, requiring modification, relocation or replacement, PTA funding is available under this scheme on a 50:50 cost share basis. The PTA funds the full cost of required hardstand modifications and TGSIs and shares the cost of the shelter including installation. However, given that this modification is essential to the BSAWP, it is questionable whether LG should fund any part of this work. Shelters are usually constructed under the PTA’s panel contract but
LGs may use alternative designs provided they make up any additional cost.
New Bus Shelters
LG may self-fund the installation of a new shelter or modify an existing shelter subject to DDA compliance and PTA approval.
Subject to PTA warrants including a minimum of 15 boardings per day. The PTA may, at their discretion, provide funding under the BSGS for new shelters.
Summary of Current Situation
PTA bus stops
 Wholly the responsibility of the PTA
 All bus stops must comply with mandatory disability access by December 2022
Local Government House
15 Altona Street
West Perth WA 6005
PO Box 1544
West Perth WA 6872
Facsimile (08) 9322 2611
Telephone (08) 9321 5055
Email info@walga.asn.au
Website www.walga.asn.au
For Further information please contact
Nina Hewson on 9213 2050 or email nhewson@walga.asn.au
The Voice of Local Government

INFOPAGE
 PTA funds 100% bus stop pole, hardstand, limited path connection and TGSI
 PTA responsible for all maintenance, LG may add or modify providing DDA compliance is provided or retained
Existing bus shelters requiring upgrade associated with BSAWP (disability access)
 50:50 cost share provided through the related BSGS subject to PTA approval
 PTA contends that LG is responsible for all future maintenance
New or upgraded bus shelters and associated infrastructure
 Provision would trigger full disability access compliance
 Subject to PTA approval
 May be eligible for 50:50 funding contribution through the BSGS, otherwise fully LG funded
 PTA contends that LG is responsible for all future maintenance
Existing bus shelters, seating, bins
 Associated bus stop will eventually require full disability compliance through BSAWP
 PTA contends LG responsible for all maintenance
 Any alteration would trigger full disability compliance through BSAWP (as above)
 Stops with low patronage would be ineligible for BSGS subsidy
Options
Option 1
The status quo to remain and that it be the individual choice of a LG as to the extent of their involvement in the provision of
‘discretionary’ bus stop infrastructure.
The PTA is responsible for all works and costs associated with achieving mandatory disability access associated with the
BSAWP, including associated ‘discretionary’ infrastructure (bus shelters, seats and bins), although LG retains liability for the continued maintenance of the discretionary elements.
Option 3
The PTA is responsible for all works and costs associated with achieving mandatory disability access associated with the
BSAWP, including associated discretionary infrastructure (bus shelters, seats and bins), and assumes liability for the continued maintenance of all elements (in line with PTA Act 2003).
A hybrid of the above options. For example the PTA is solely responsible for all bus stop infrastructure including ‘discretionary’ infrastructure (bus shelters, seats and bins) above an upper patronage threshold, LG is involved in providing discretionary infrastructure below a lower threshold, and involvement is shared between the thresholds. This could include a formal partnership agreement to address future maintenance. For example:
Boardings per day
< x boardings per day
>x and <y boardings per day
>y boardings per day
Constructing new shelters, seats and bins
Local Government
50:50
PTA
Maintaining new shelters, seats and bins
Local Government
50:50
PTA
Local Government House
15 Altona Street
West Perth WA 6005
PO Box 1544
West Perth WA 6872
Facsimile (08) 9322 2611
Telephone (08) 9321 5055
Email info@walga.asn.au
Website www.walga.asn.au
For Further information please contact
Nina Hewson on 9213 2050 or email nhewson@walga.asn.au
The Voice of Local Government

INFOPAGE
Activity
Funding new and maintaining existing bus stop pole, hard stand, connecting path and TGSIs
Funding new bus shelters and associated infrastructure
Option 1
PTA
50:50
Funding upgraded bus shelters to meet DDA standards
50:50
Maintaining existing bus shelters, seats and bins to meet DDA standards
LG
Option Advantage Disadvantage
Option 2 Option 3 Option 4
PTA
PTA
PTA
LG
PTA
PTA
PTA
PTA
PTA
Depends on patronage
Depends on patronage
Partnership agreement
1
2
Some control over where infrastructure is provided, some incentive for PTA to continue funding new shelters.
LG not responsible for any works or construction including funding associated with the BSAWP.
LG responsible for maintenance, LG contribute to upgrades that are potentially PTA responsibility.
Likely fewer new shelters provided, LG responsible for maintenance, no opportunity to influence new infrastructure.
Risk of shelters falling into disrepair, no commercial arrangements through Adshel, advertising content on shelters is the responsibility of the PTA. 3
4
No responsibility for maintenance.
Could prove more equitable for both LG and PTA, fewer complaints from the community , ensures better coordination between LG and PTA.
Time frame and possible complexity in developing a model.
General Notes
Irrespective of any of the options above the PTA has all rights and responsibilities, under the PTA Act 2003, to carry out any and all works associated with the provision and maintenance of bus stops. Whilst LGs may have provided discretionary infrastructure, pre 2003, this does not preclude the PTA from carrying out any works to achieve disability compliance for the bus stops and probably does not place an obligation on LGs to do so and be responsible for all future maintenance.
The fact that the PTA is responsible for all aspects of a bus stop does not preclude the LG from carrying out its functions within the road reserve, except that any alterations to a bus stop would have to meet the needs of the PTA and disability access, including triggering DDA requirements.
In the absence of a formal agreement, there is nothing in the PTA Bus Stop Layout Guidelines, or any of the existing schemes, to ensure that the PTA does not compromise the function of the LG infrastructure (such as footpaths, shared paths and bike paths) although the PTA stresses that LGs must not undertake works that may make the area non-compliant to the Disability
Standards.
Local Government Feedback
WALGA is seeking Local Government feedback on the above options to establish a policy position.
Please respond to indicate your Local Government’s management option preference by Friday 24 February 2012 at http://www.surveymonkey.com/s/BusStop.
This link will take you directly to the Options.
Local Government House
15 Altona Street
West Perth WA 6005
PO Box 1544
West Perth WA 6872
Facsimile (08) 9322 2611
Telephone (08) 9321 5055
Email info@walga.asn.au
Website www.walga.asn.au
For Further information please contact
Nina Hewson on 9213 2050 or email nhewson@walga.asn.au
The Voice of Local Government