Rural & Regional Bus Service Contracts
EXPLANATORY NOTES
CONTENTS PAGE
Contracts A & B
1
2
3
4
Introduction to Rural & Regional Bus Reform
Bus Average Age
Not Used
Not Used
Contract A
5
6
7
8
9
10
11
12
Transition Arrangements – Capacity & Bus Category
Category Shift Relief
Bus Funding
Resetting of Kilometres & Hours
Reporting Requirements
Contract Management Plan
Forms
Not Used
Contract B
13
14
15
16
17
18
19
20
Application of Fare Scales - SSTS
Conversion of Contract A to Contract B
Country Town Boundary Movement
Concession Payment (HFC / RED)
Community Consultation Guidelines
Reporting Requirements
Contract Management Plan
Neighbouring Service Provider Agreement
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
No.1-RED
DISCLAIMER
These Notes have been prepared jointly by the Ministry of Transport and the BCA
for bus operators to assist with the understanding of the reforms being introduced
to NSW rural and regional bus contracts.
They are for information purposes only and are not to be used as a substitute for
the terms of the new contract itself, which will apply in all circumstances.
Furthermore, the examples provided are indicative only and contain average rather
than actual information. Actual impacts will vary from operator to operator.
Operators should seek their own independent legal and accounting advice in
relation to the new contract. The Ministry of Transport and the BCA shall not be
liable for any matter contained herein or any loss suffered by an operator due to
reliance on this information.
INTRODUCTION
In January 2006, the Minister for Transport, the Hon. John Watkins MP, established a joint
Ministry of Transport / BCA Rural and Regional Bus Reform Consultative Taskforce
(Taskforce) to develop options for the implementation of the Government’s reform of bus
services in rural and regional NSW.
The Taskforce presented its recommendations to the Government in April 2008.
Government endorsed the Taskforce recommendations and new contract, funding and
service planning arrangements were implemented, in accordance with the Passenger
Transport Act 1990 from July, 2008 in co-operation with the NSW BCA.
While a key objective of the Taskforce was to produce a simplified and “plain English” set
of the contractual documents it was determined that further explanation would be helpful to
bus operators and Ministry staff.
This manual aims to provide additional detail and instruction in regard to the intent and
application of the obligations imposed under the contract.
To avoid any confusion this manual is not a legal document and at all times the
requirements of the Act and contract take precedence in determining the provision of bus
services in rural and regional NSW.
What are the key elements of the new contract system?
Security
Seven (7) year term, performance based contracts that provide more certainty to the
industry, improved service to the community, more effective management and efficient
administration for both bus operators and the Ministry of Transport.
The combining, where practical, of multiple lines of route contracts (old style non
commercial contracts) held by an operator into a single contract document, streamlining
contract administration for both parties. In addition, the opportunity for bus operators to
consolidation lines of route into existing commercial contracts provides for flexibility in
service delivery and more efficient use of resources.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Further contracts will be offered by way of first right of refusal to those operators who
comply with the obligations of the first contract, the identified key performance indicators
and Bus Operator Accreditation System (BOAS) requirements.
Funding
Improved funding models that accurately reflect the costs incurred by operators in
providing the contracted services, gives a fair and equitable rate of return on bus capital
costs and recognises the minimum engagement hours for drivers as per clause 6(ii)(a) of
the Motor Bus Drivers and Conductors Award (minimum 1 hour for each engagement).
A key component of the new model is the alignment of funding with the actual
administration and bus capital costs, providing a fairer system for all operators.
Service Delivery
Replacement of the outdated Minimum Service Level Policy with new Service Planning
Guidelines (SPG) that provide for greater flexibility in service design and delivery, enabling
identified transport demands to be met.
The contract and SPG prescribes stronger community consultation that will assist in better
identification of the communities needs, shortfalls in service delivery and services that are
better patronised.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
No.2-Yellow
BUS AVERAGE AGE
INTRODUCTION
Following consideration of alternate methods and other jurisdictions’ approach to
determining the appropriate acceptable age of buses performing passenger services under
contract to the Government, it was agreed with the BCA that the current principles were
satisfactory in maintaining a roadworthy fleet of buses that was subject to regular
replacement and improvement.
In this regard, the following application of Bus Average Age will apply to the new 7 year
contracts:Contracts A (Clause 8 & Schedule 12)
Maximum average age of a bus is calculated over the life of the contract.
Categories 1 & 2:- 8 years average bus age.
Categories 3 & 4:- 12 years average bus age.
The average age of the bus is calculated from the last day of the service contract
year, using the actual bus age at the most recent anniversary of the bus’ first
registration.
GENERAL INFORMATION
Date of First Registration
For the purposes of determining the age of a bus under both Type A and B Contracts the
following criteria will be applied in order of availability:-
Note:
(i)
where the bus has not previously been used, the date of its first
registration in New South Wales;
(ii)
where the bus has been previously used, the date of its first
registration in New South Wales or any other jurisdiction; or
(iii)
where the date of first registration of the bus cannot be confirmed, the
date of manufacture on its compliance plate (noting that, for older
buses with separate chassis compliance plates and body compliance
plates, the date of manufacture is that which appears on the chassis
compliance plate).
The Operator is responsible for proving the age of the bus.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Capacity and Category of Buses
Since the introduction of the Passenger Transport Act 1990 and the findings of an industry
survey at that time that lead to the determination of bus categories, there have been
changes to ADR’s and the availability of certain models in the market place.
To ensure that the new funding arrangements reflect buses currently available in the
marketplace, the opportunity has been taken under this reform process to re-set the
seating capacity bandwidths (categories) of contract buses.
Category
New Capacity
Previous Capacity
1.
8 - 13 AASC
7-11 AASC
2.
14 - 24 AASC
12 – 25 AASC
3.
25 - 41 AASC
26 – 41 AASC
4.
42 AASC & above
42 plus AASC
AASC = Authorised Adult Seating Capacity as prescribed under Clause 94 of the
Passenger Transport Regulation. AASC quoted in table exclude driver.
For category 2, 3 and 4 buses – [for replacement buses] the Operator must ensure that the
seating and any modifications will not be of a design or configuration as to make it
impractical for the loading of passengers in accordance with clause 94(2)(b) of the
Passenger Transport Regulation 2007 (3 to 2 rule).
If the Operator acquires a bus that has seating or modifications that make compliance with
clause 94(2)(b) of the Passenger Transport Regulation 2007 impractical, the Director
General will be under no obligation to increase monthly payments where an operator has
been required to replace that contract vehicle to provide the required AASC for the bus
category and meet passenger demand.
Spare Bus – Contract A Only
A spare bus is not to be included in bus average age calculations under the new
arrangements. A spare bus is not to be used to perform the contracted services unless
the contract/nominated bus is undergoing major or emergency repairs.
CONTRACT A
Single Route Operator
As already indicated above, the maximum average age of a bus is calculated over the 7
year life of the contract for Type A Contracts.
Operators of Categories 1 & 2 buses must not exceed an average bus age of 8 years.
This means that over the life of the 7 year contract the total accumulated age of the bus
must not exceed 56 years (see EXAMPLE 1).
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Operators of Categories 3 & 4 buses must not exceed an average bus age of 12 years.
This means that over the life of the 7 year contract the total accumulated age of the bus
must not exceed 84 years (see EXAMPLE 2).
EXAMPLE 1 – Category 1 or 2
The contract commences on 20 July, 2008.
The date of first registration of the contract/nominated bus is 9 August, 2005, making it 3
years old at the conclusion of the first year of the contract on 19 July. 2009.
First Contract
Year
Contract
Year
2008/09
1
2009/10
2
2010/11
3
2011/12
4
2012/13
5
2013/14
6
2014/15
7
Age of Bus
Accumulated Age
3
4
5
6
7
8
9
3
7
12
18
25
33
42
Divide the total Accumulated Age of 42 by 7 – answer is 6. The operator has complied
with the bus average age obligations of the contract.
The bus would need to be replaced during the next 7 year contract 2015/2022 on the basis
of the following:Second Contract
Year
Contract
Year
2015/16
2016/17
2017/18
2018/19
2019/20
2020/21
2021/22
1
2
3
4
5
6
7
Age of
Contract
Bus
10
11
12
13
14
Revised
Age of
Contract
Bus
10
11
12
13
0
1
2
Accumulated
Age
10
21
33
46
60
Accumulated
Age With
Replacement
Bus
10
21
33
46
46
47
49
The operator acquires a new bus prior to the end of the 2019/20 contract year but
not earlier than 19 July, 2017.
Summary: - 49 divided by 7 - answer is 7. The operator has complied with the bus
average age obligations of the contract.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
EXAMPLE 2 – Category 3 or 4
The contract commences on 12 August, 2008.
The date of first registration of the contract/nominated bus is 13 February, 2001, making it
8 years old at the conclusion of the first year of the contract on 11 August. 2009.
First Contract
Year
Contract
Year
2008/09
1
2009/10
2
2010/11
3
2011/12
4
2012/13
5
2013/14
6
2014/15
7
Age of Bus
Accumulated Age
8
9
10
11
12
13
14
8
17
27
38
50
63
77
Divide the total Accumulated Age of 77 by 7 – answer is 11. The operator has complied
with the bus average age obligations of the contract.
The bus would need to be replaced during the next 7 year contract 2015/2022 on the basis
of the following:Second Contract
Year
Contract
Year
Age of
Contract
Bus
2015/16
2016/17
2017/18
2018/19
2019/20
2020/21
2021/22
1
2
3
4
5
6
7
15
16
17
18
19
Revised
Age of
Contract
Bus
15
16
17
18
4
5
6
Accumulated
Age
Accumulated
Age With
Replacement Bus
15
31
48
66
85
15
31
48
66
70
75
81
The operator has the option of acquiring a second hand bus that is no more than 4
year old bus prior to the end of the 2019/20 contract year but no earlier than 11
August, 2019 or a new bus.
Summary: - 81 divided by 7 - answer is 11.6. The operator has complied with the bus
average age obligations of the contract.
The actual average age of the bus is to be calculated from the last day of the service
contract year by referring to the most recent anniversary of the bus’ first registration.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Multiple Lines of Route Operator - Contract A Only
The method of calculating Bus Average Age for operators that have multiple lines of routes
attached as schedules to the contract is similar to a single Type A Contract in that the
calculation is over the 7 year life of the contract (see EXAMPLE 3).
EXAMPLE 3 – Category 3 or 4
The following table assumes three individual routes being operated under the one Type A
Contract by buses that are either Category 3 or 4 with an average age requirement of 12
years.
The contract commences on 10 September, 2008.
The dates of first registration of the three contract/nominated buses are:
 10 July, 2008 making it 1 years old;
 16 July, 2004 making it 5 years old, &
 7 August, 1994 making it 15 years old
at the conclusion of the first year of the contract on 9 September. 2009.
First Contract
Year
Contract
Year
2008/09
1
2009/10
2
2010/11
3
2011/12
4
2012/13
5
2013/14
6
2014/15
7
Age of Buses
1, 5, 15
2, 6, 16
3, 7, 17
4, 8, 18
5, 9, 19
6, 10, 20
7, 11, 21
Total Age of
Buses
21
24
27
30
33
36
39
Accumulated
Fleet Age
21
45
72
102
135
171
210
Divide the total Accumulated Fleet Age of 210 by 7 (contract years) = 30 (Average Fleet
Age per Year). Then divide the 30 by 3 (number of buses operated) = 10 year bus
average age during the contract.
The operator has complied with the bus average age obligations of the contract.
The operator has replaced the 23 year old bus with a new bus during the first year of
the second contract to comply with bus average age.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Second Contract
Year
Contract
Year
2015/16
1
2016/17
2
2017/18
3
2018/19
4
2019/20
5
2020/21
6
2021/22
7
Age of Buses
8, 12, 22
9, 13, 23
10, 14, 0
11, 15, 1
12, 16, 2
13, 17, 3
14, 18, 4
Total Age of
Buses
42
45
24
27
30
33
36
Accumulated
Bus Age
42
87
111
138
168
201
237
Divide the total Accumulated Fleet Age of 237 by 7 (contract years) = 34 (Average Fleet
Age per Year). Then divide the 34 by 3 (number of buses operated) = 11.3 year bus
average age during the contract.
The operator has complied with the bus average age obligations of the contract.
Note: Operators that have a fleet that has a mix of Category 1 & 2 and Category 3 & 4
buses can not amalgamate for Average Bus Age calculations. Separate calculations are
required due to the different bus average age requirements of 8 years and 12 years.
In addition, Operators of Contract A multiple Lines of Route must ensure that the maximum age
of each Category 1 & 2 bus does not exceed 15 years and that for Category 3 & 4 buses
Operators must ensure that the maximum age of each bus does not exceed 25 years.
From time to time, the Director-General may determine these maximum bus ages.
Replacement of Buses
Buses are to be replaced before they exceed the maximum average age for that bus
category.
At the time of replacing a contract bus, the operator must make best endeavours to
procure a suitable bus with the minimum seating capacity, excluding the driver, for that bus
category as follows:Category 1 Category 2 Category 3 Category 4 -
minimum of 13 AASC
minimum of 24 AASC
minimum of 41 AASC
minimum of 57 AASC
Should an operator not be able to acquire a suitable bus with the minimum seating
capacity for that bus category or feels that they have special circumstances, the Director
General will consider applications for an exemption to this contractual requirement.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Acquisition of Additional Contract A Lines of Route
In situations where an operator acquires additional Contract As from another bus operator,
either in total or a single line of route attached to the contract, the services operated under
this contract will generally be amalgamated into the purchasing operator’s existing
Contract A (Primary Contract).
For bus average age calculations the last day of the Primary Contract year will be used,
regardless of which Contract A commenced first.
CONTRACT B
The Operator must ensure that the average age of all buses used to perform the services
does not exceed 12 years, regardless of bus category.
In practice this means that the fleet average age must be no more 12 years at the
anniversary date each year of the commencement of the contract.
HOLDERS OF BOTH CONTRACT A & B
Operators who hold both Contract A & B that provide services in the same general location
can elect to combine all Category 3 & 4 buses into one fleet and calculate bus average
age the same way as a Contract B holder does i.e. ensure that the fleet average age must
be no more 12 years.
However, should an Operator operate one or more Category 1 or 2 buses under a
Contract A the average age of those bus/es must be calculated apart from the fleet.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
BUS AGE CATEGORY AND REPLACEMENT
Contract Type
Calculation of bus average age
Contract A
Single Bus
Category 1 or 2
Contract A : Single Bus
Category 3 or 4
Contract A
Multiple Buses
Category 1 or 2
Contract A :
Multiple Buses
Category 3 or 4
Contract A:
Multiple Buses
Mixed Category 1 or 2
and 3 or 4
Contract B:
Single Contract B only
Contract B:
Multiple B Contracts in
close proximity.
Contracts B & A
Category 3 or 4
Contracts B & A
Category 1 or 2
Anniversary of Service
Commencement Date – Contract B
Over the life of the Contract –
Contract A
Anniversary of Service
Commencement Date – Contract B
including Contract A Cat 3 & 4.
Over the life of the Contract –
Contract A Cat 1 & 2
Contracts B & A
Category 1 or 2 and 3
or 4
Over the life of the Contract
Bus Average Age
in Years
8
Contract A: maximum age prior to replacement (note: buses
not to exceed average age)
N/A
Over the life of the Contract
12
N/A
Over the life of the Contract
8
15 years
Over the life of the Contract
12
25 years
Over the life of the Contract
Separate calcs
8: Cat 1 & 2
15 years: Cat 1 & 2
25 years Cat 3 & 4
12: Cat: 3 & 4
12
N/A
12
N/A
12: Contract B buses and
Contract A Cat 3 & 4 buses
amalgamated for calcs
(Operator election)
Separate calcs
12: Contract B buses
8: Contract A buses
25 years for Contract A buses only.
Separate calcs
12: Contract B buses and
Contract A Cat 3 & 4 buses
amalgamated for calcs
(Operator election)
8: Contract A Cat 1 & 2
buses
25 years for Contact A Cat 3 & 4 buses only
15 years for Contract A Cat 1 & 2 buses only
Anniversary of Service
Commencement Date
Anniversary of Service
Commencement Date
Anniversary of Service
Commencement Date - Contract B
including Contract A Cat 3 & 4.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
15 years for Contract A buses only
NOTE:
1. All calculations are based on completed years.
2. Buses can be replaced within 12 months of average age and maximum age.
PART 2 - CATEGORY INFORMATION
Category
Minimum
AASC for
replacement buses
13
Maximum primary
school students#
Maximum high
school students#
Funded
life
Seat belts compulsory in
new bus
Cat 1*
Max AASC (for
payment
determination)
8-13
13
13
13
Yes
Cat 2
Cat 3
14-24
25-41
24
41
No
No
42+
57
24
41 + Authorised
Standees
57 + Authorised
Standees
13
20
Cat 4
32
61 + Authorised
Standees
85 + Authorised
Standees
20
No
NOTE:
2.
3.
4.
1.
AASC is the Authorised Adult Seating Capacity excluding the driver.
Authorised Standees is the number of passengers authorised to be carried standing as specified in a certificate
issued by the manufacturer of the bus or by a consulting engineer approved by the RTA (clause 94(4) of the
Passenger Transport Regulation 2007).
# For category 2, 3 and 4 buses – [for replacement buses] the Operator must ensure that the seating and any
modifications will not be of a design or configuration as to make it impractical for the loading of passengers in
accordance with clause 94(2)(b) of the Passenger Transport Regulation 2007. If the Operator acquires a bus that
has seating or modifications that make compliance with clause 94(2)(b) of the Passenger Transport Regulation 2007
impractical, the Director General will be under no obligation to increase monthly payments where an operator has
been required to replace that contract vehicle to provide the required AASC for the bus category and meet
passenger demand..
*For category 1 buses without seat belts subject to clause 94(3), clause 94(2)(b) of the Passenger Transport
Regulation 2007 applies when loading passengers...
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
No.5-Blue
TRANSITION PAYMENT ARRANGEMENTS
Transition funding is being provided under the following circumstances:
1. Existing buses brought into the contract but not adequately depreciated under the
previous contract payment system (Capital Remuneration Payment).
This transition payment addresses the shortfall in the bus capital cost received
under the PWC model at the new contract commencement. This is smoothed over
the 7 years of the new contract through equal instalments.
2. Where an operators payment would otherwise reduce under the new funding model
(Revenue Retention Payment).
This payment is made where the operator’s existing bus(es) have already been fully
depreciated under the previous contract payment system.and protects operators
from a reduction in payments for the first twelve months of the contract.
The payment is calculated on a per bus basis used the PWC payment model,
adjusted for CPI, Wage increases and payment for compliance with the Bus
Operators Accreditation Scheme (BOAS). This payment is made for up to twelve
months of the contract with all payments ceasing by 30 June 2009.
3. The Operator’s bus has dropped a category with the changed category bands
(Category Shift Payment)
Under the new bus category bands operators with 12 and 13 passengers move
from category 2 to category 1 see below:
Authorised Adult Seating Capacity
Cat 1
Cat 2
Cat 3
Cat 4
Old Category
7 – 11
12 – 25
26 – 41
42+
New Category
8 – 13
14 – 24
25 – 41
42+
This payment is calculated in the same way as the Revenue Retention Payment
and is calculated on the basis of a category two bus. This payment is made for up
to twelve months of the contract with all payments ceasing by 30 June 2009.
Other Transition Arrangements
Under the new contracts operators will be paid in arrears. To assist with operator cash
flows, payments up to December will continue to be made in advance with payments from
January made in arrears, noting that under the previous funding arrangements operators
did not receive a January payment.
.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
No.6-Grey
CATEGORY SHIFT RELIEF UNDER CLAUSE 7.6(a) of CONTRACT A
Clause 7.6(a) of Contract A states:
“Where the Operator has incurred or will incur a significant reduction in contract payments under
Schedule 4 as a result of a change in bus category, the Operator may apply to the Director General
for special consideration for financial assistance. The Operator acknowledges that the decision to
provide financial assistance is at the absolute discretion of the Director General.”
This document attempts to set out guidelines for considering applications for relief for
reductions of contract payments arising from “category shift” due to changing student
numbers, after the contract commencement date.
It should be noted that the Director General will determine whether an operator’s contract
bus category should decrease. This is not automatic as it has been under the previous
non-commercial contracts with categories decreasing as student numbers decreased.
Under Contract A the Director General will determine whether the Ministry will continue to
fund the larger bus until that bus is due for replacement, resulting in no change to the bus
category.
At any time when a bus is due for replacement the operator will only be funded for the sis
bus required for that line of route. Any additional capacity purchased is at the operators
own expense with no further relief due from the Ministry.
In the event that the operators bus category does decrease the operator may apply for
relief with the following guidelines to apply:
1. Any consideration for category shift relief be considered on a whole of business
basis – ie an operator with a Contract A multiple lines of route may be in a position
to reassign buses across services where student numbers have decreased for
certain service(s) but increased for other service(s) thus mitigating the impact of
changes to their overall financial position;
2. Relief to be in the same form provided as under the interim measure – ie 50%
reduction in the payment decrease for the first year following the category reduction
(The “parachute” arrangement provides for 4 equal instalments during the financial
year totalling the 50% difference in contract payments)
3. Matters to be considered in determining eligibility for relief include, but are not
limited to, the following:

Age of bus - ie where a bus due for replacement the new bus is to be
purchased to meet the new category requirements. The operator has
incurred no loss. Newer contract buses present a stronger case for category
shift relief, reflecting the capital loss incurred in replacing the bus.

Fluctuations across categories – ie where the category reduction is not likely
to be a permanent change and operator needs to retain the larger bus for
future requirements (Operator to submit a Five Year Survey with
submission).
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008

Recent history of payment changes in previous years – e.g. <10% of total
payments in one year but >10% over two years.

Type of bus historically held by the operator – ie where an operator has
made a business decision to hold a larger bus for the purpose of obtaining
charter work this will be taken into account in determining the extent of any
financial hardship claimed). Ministry to determine information to be submitted
by the operator to support the claim for relief from category shift.

Where an operator has incurred a reduction of 10% or more in total annual
contract payments as a result of category shift.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
No.7-Purple
BUS FUNDING – CONTRACT A
Two key components of the Contract A funding arrangements are the number of eligible
students nominated on the Annual Survey for the service and the size of the bus needed
to carry these students.
After applying Clause 94(2) of the Passenger Transport Regulation (3 to 2 rule) where
appropriate, a total number of eligible students is calculated and for funding purposes
placed into one of four payment categories. The table below shows the AASC bandwidths
of each category.
Category
1.
2.
3.
4.
New AASC Bandwidth
8 - 13
14 - 24
25 - 41
42 & above
Old AASC Bandwidth
7- 11
12 – 25
26 – 41
42 & above
AASC = Authorised Adult Seating Capacity as prescribed under Clause 94 of the
Passenger Transport Regulation. AASC quoted in table exclude driver.
Contract A funding is also related to the size and age of the bus operated and the Ministry
has nominated four categories that reflect popular bus models.
The following bus sizes have been determined as suitable by the Director General:

Category 1 - minimum 13 AASC

Category 2 - minimum 24 AASC

Category 3 - minimum 41 AASC

Category 4 - minimum 57 AASC
Contract Commencement
The Ministry will complete a cost analysis at the commencement of a new Contract A of
those bus operators who currently have a larger capacity bus than what is actually
required to carry the eligible students listed on their Annual Survey. An example could be
an operator carrying 10 students and being paid by the Ministry at Category 1 funding
rates and operating a 24 seater bus.
The Ministry’s cost analysis will determine whether the operator should be funded on the
actual bus or a new bus at the correct payment category.
During the Contract Term
A) While the contract is on foot an operator may choose to purchase a large bus that
has excess capacity than is required to carry the eligible students listed on the
Annual Survey. An example could be that the operator is active in performing
charter work and a larger bus is more suitable in this market.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
In cases such as this, the Ministry will only fund the standard bus determined
suitable for that category based on the number of eligible students needing to travel
on that service and any additional bus purchase costs are at the operator’s
expense.
B)
There may be situations when there has been a reduction in the number of eligible
students requiring the service and this has resulted in the Ministry calculating a
lower payment category. The operator now has a bus with excess capacity and
running costs that do not align with the reduced payments.
Example:
In 2009, bus operator John Smith had 32 students listed on his Annual
Survey which equated to Category 3 payments. To carry those 32 students
John operated a 2002 Hino with 41 seats.
In 2010, John’s student numbers reduced to 22, equating to Category 2.
John has undertaken a survey of families along his service to determine
future student numbers. The survey indicates that it is unlikely that he will
reach Category 3 payments in future.
Under the above circumstances the Ministry will assess, on a case by case basis, the
current and future bus payments and determine if it is more cost effective for the
Government to continue to fund an older model large bus with excess capacity or approve
the purchase of a smaller capacity new bus.
The operator will be advised by the Ministry if the bus category has changed, and in this
case the operator will only be funded for the reduced category.
At Bus Replacement
When the existing bus is due for replacement the Ministry will fund the standard bus of the
minimum Category currently required for that line of route. Any additional bus capacity
purchased is at the operators own expense with no relief due from the Ministry. If the
operator decides to purchase a higher category bus, the payment will only be increased to
the higher category if the student numbers increase to the AASC applicable to the higher
category.
Rotation of Contract Buses Between Routes
Clause 8 Type A Contract:
In addition to the circumstances described in Clause 8.1, the operator may replace a bus
(an Original Bus) if the operator is the holder of more than one (1) lines of route within a
contract Type A, with a bus used in providing services under that Contract A.
Any bus which replaces an original bus must:
(i)
Have the same or substantially the same seating capacity as the original bus so as
to ensure that no school student who commonly travels on the service is required to
stand on the replacement bus where he or she was previously seated when
travelling on the original bus and:
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
(ii)
In all other respects be comparable to the original bus including, but not limited to
air conditioning, and all other bus specifications.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
No.8-Blue
RESETING OF CONTRACT A KILOMETRES AND/OR HOURS
Non-commercial contracts (Contract A) are established for the purpose of transporting
school children to school where there is no alternative transport available. The Ministry
establishes these contracts where costs of providing a bus service are either comparable
or less than the cost of providing private vehicle subsidy for those students. As a guide the
Ministry will consider establishing a new service whether there is a minimum of 15
students to be transported.
When a new service is established, the Ministry issues a tender for the service. Tender
responses must include detail of the proposed kilometres and hours to provide the service.
The Ministry determines the successful tender on the basis of normal tender selection
criteria which includes value for money.
Once the contract is established the contract holder may, upon approval of the Ministry to
any subsequent assignment of that contract, sell the contract to another party. Usually
when this happens the purchasing party will be operating from a different location than the
previous contract holder. This often results in the new contract holder not being
remunerated under the contract for all kilometres operated and / or hours required to
provide the service.
The Ministry is of the view that purchasers of contracts should know and understand the
requirements for service delivery for any contract considered for purchase as well as the
income to be derived from that contract,. This is part of the usual due diligence process in
business acquisition. For this reason, in the past, the Ministry has denied requests to reset
the contract kilometres and / or hours after there has been a sale of the contract.
Upon further consideration of this issue the Ministry is prepared to consider resetting of
contract kilometres and / or hours, under certain circumstances, for contracts that have
been operated by a purchasing operator for no less than 5 years.
In considering any kilometre reset the Ministry’s primary focus is on matters outside of the
operator’s control which may have otherwise impacted on the operator’s initial decision to
purchase the contract. The Ministry expects an operator will have attempted, where
possible, to mitigate any impacts that have occurred.
Criteria for assessment:
Criteria for assessment will include but not be limited to factors including:
 Multiple services combined into a single Contract A that may result in an efficiency
payment reduction;
 Contracts awarded through competitive tender – resetting generally not available;
 Purchase date must have been > 5 years ago;
 Purchase price (copy of contract required) – noting that a significantly reduced contract
price enables additional operating costs to be absorbed over time;
 Reason for the kilometre / hour variation and efforts made to mitigate impacts
 Contract payment history – noting that there may have been a number of
unforeseeable fluctuations impacting on the financial viability of the operation; and
 Financial viability.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
The Ministry may seek other information as required to substantiate a claim for a kilometre
/ hour reset.
Process for Resetting Kilometres and / or Hours
 Operator must apply to the Regional Manager in the form provided and with supporting
information.
 Operators will be advised within 60 days of the outcome of their application.
 Payment will be made from the first monthly payment after the application has been
approved.
 No retrospective payment will be made available.
Applications will be considered on a case by case basis.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
No.9-Pink
REPORTING REQUIREMENTS
CONTRACT A – SCHEDULE 7
Quarterly Reports
Worksheet No 1:
Reliability
Worksheet No 2.
Customer Feedback
Annual Reports
Worksheet No 3. Annual Survey
Worksheet No 5:
Financial Results ...........................................................................
Worksheet No 6:
Bus/Fleet used to provide services ................................................
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Overview of the RRBSC Reporting;
The Ministry of Transport is required to monitor performance of operators under the
Rural and Regional Bus Service Contract (RRBSC) through self reporting by;
Operators jointly understanding how data is captured, reported and how this data is
interpreted by both parties and later used by MoT. This will be done by;
Defining the meaning of each worksheet, understanding how the data is captured,
and then it’s analysis in a consistent manner.
Note: Reporting requirements may vary in time as new technologies are developed.
Quarterly Report
This section outlines the definitions associated with each of the quarterly reports as set out
in the two worksheets provided to each RRBSC operator for the purposes of reporting
performance on a quarterly basis.
Worksheet No 1: Reliability
Bus Service Number and Route Name
Route description is generally the main origin and destination or the name of the service
as per the Contract Service Plan. For example the Raglan Special, Blow Clear to
Wyalong, Glen Innes Town Service No.1 or Blaxland to Grafton. The bus service route
number will be allocated at the time the contract commences.
See sample Worksheet No.1 of this document as a guide to input information.
Contracted Trips
The number of weekday contracted regular bus services (AM & PM school services)
during the current reporting quarter.
Number of Incomplete Trips
This field represents the total contracted regular bus services (AM & PM school services)
trips that did not operate in full during the reporting period.
An incomplete trip is where only a part of the contracted trip operated. This means where
any part of the trip was shortened at any location.
Number of Cancelled Trips
This field represents the total regular bus services (AM & PM school services) trips not
operated because of cancellations.
A cancelled trip is where the whole of the contracted trip did not operate.
Incomplete and Cancelled Contract Kilometres
This field represents the total bus service kilometres not operated (incomplete or
cancelled) during the reporting period.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Incomplete and Cancelled Trip – Definition:
An Incomplete trip is where only a part of the contracted service is operated. This means
the trip was shortened to start or end at a point/s between the normal commencement
and/or end of the Contract service.
A cancelled trip is where the whole of the contracted service did not operate.
Late trips - greater than 10 minutes
This is the number of instances during the current reporting period that the contracted AM
and/or PM trip arrived greater than 10 minutes after the timetabled timing point,
Late Arrival at School/s AM & PM
This is the number of instances during the current reporting period that the contracted trip
arrives after the AM bell time at the school/s serviced.
The number of instances during the current reporting period that the contracted trip arrives
greater than 30 minutes after the PM bell time at the school/s serviced.
Early Departure from School PM
This is the number of instances during the current reporting period that the contracted PM
trip departed the school of a PM early and/or left students behind.
Worksheet No 2: Customer Feedback
This worksheet is used to record the total number of different types of customer feedback
received during the quarterly reporting period. Worksheet 2 must include all feedback
received by the operator including:
mail
telephone
email
ITIS (131500)
website
matters referred by the Ministry of Transport
or any new system that may be introduced in the future
Annual Reports
This section outlines the definitions associated with each of the annual reports as set out
in the three worksheets provided to each RRBSC operator for the purposes of reporting
performance on an annual basis.
Worksheet No 3: Annual Survey
Operators are to provide details to the Ministry of Transport by March each year of the
SSTS eligible students they will be carrying for the current year in the Annual Survey. The
Ministry of Transport uses this information to determine such things as payment category
and bus capacity.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Worksheet No 4: Financial Reports
Financial Statements are required from each Operator.
It is recognised that the financial statements provided may cover operations other than bus
operations, and for this reason a summary of expenses that relate solely to bus operations
is to be provided to the Ministry of Transport in accordance with Worksheet No, 4. The
Operator may complete Worksheet No. 4 themselves; however it is to be lodged at the
same time as the Financial Statements.
Financial Statements are to be submitted electronically, as specified in the contracts
The last dates for which reports can be received are:
o Operators with more than 5 lines of route – 31 March
o Operators with less than 5 lines of route – 30 April
Operators can provide either audited statements or management accounts, which can be
reconciled to the taxation statements. Financial statements (with the exception of the
expenses summary) are to be prepared by an accountant who is a member of a
recognised Accounting body, i.e. CPA, CA or NIA or a registered tax agent.
Where an owner-operator undertakes the accounting functions of the business and does
not utilise the services of a member of one of the aforementioned groups then this
operator may apply for an exemption in order to complete their own financial statements.
Statement of Financial Performance
Revenue
Total Revenue earned by Operator – the Ministry of Transport will isolate contract revenue
from its own records.
Expenses
Operators are to complete the worksheet summary of external costs for the operation of
their bus contracts:
1. Driver costs (i.e. owner-driver will not complete)
2. Other labour costs (includes external cleaning paid)
3. Fuel
4. Bus related costs excluding fuel (registration, insurance, tyres, repairs, maintenance
and insurance)
5. Lease expenses (vehicles, computers, other bus related capital items)
6. Administrative expenses (includes accountancy/legal fees, non-bus insurance, signs,
utilities, and any other relevant expenses incurred by the operator not listed above)
7. Other
The operator will be required to warrant that the reports, data, information, records and
documents provided in the statement are true, accurate and not misleading and comply
with clause 8.6 of the Standard Terms and Conditions of the Contract.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Statement of Financial Position
Operators will be required to provide a Statement of Financial Position for their total
business.
Worksheet No 5: Fleet Profile
Means a fleet profile of the buses operated under the RRBSC to deliver the regular bus
services as contained at Schedule 2 – Services.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Schedule 7
In accordance with Clause 8.2 of the Standard Terms and Conditions contained in
the Contract. The following reports are to be lodged on a regular basis.
Report Name
Type of report
Lodgement Date
Worksheet
Reference
1
Reliability
Quarterly
21 April, 21 July, 21
Oct, 21Jan
Customer Feedback
Quarterly
As above
2
Annual Survey
Annual
31-Mar
3
Financial Report
Annual
Fleet Profile
Annual
> 5 contracts - 31-Apr < 4
5 contracts - 31 Mar
31-Mar
5
Major service disruptions
N/A
Immediately
n/a
Force Majeure Events
N/A
Immediately
n/a
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Worksheet 1
QUARTERLY REPORT
Reliability
RR BSC Nr: A01
Reporting Period:
Bus Service Route Number &
Name
XXXX Raglan Special
XXXX Blow Clear to Wyalong
XXXX Blaxlands to Grafton
Number of
contracted
bus trips AM
& PM
Number of
Incomplete
trips
Number of
Cancelled
Trips
Number of
Late
Early
contracted
arrival at
departure
Late trips
KMs not
school AM from school
operated
& PM
PM
112
0
1
48
0
0
0
112
3
0
12
0
0
0
112
0
0
0
0
1
0
336
3
1
60
0
1
0
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Worksheet 2
Quarterly Report
Customer Feedback
RR BSC Nr: A01
Reporting Period:
Feedback Type
Compliment
Staff/Driver Rude
Staff/Driver Unhelpful
Dangerous Driving
Bus Early
Bus Late
Missed Stop
Failed to Operate
Overcrowded
Bus Dirty
Other
Total Feedback
No. Recorded
0
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
WORKSHEET 3
ANNUAL SURVEY
RR BSC Nr: A01
OPERATOR:
x
Time at Commencement of Service (AM)
Trip Meter or Odometer Reading at Commencement of Service (AM)
Time at Completion of Service (AM)
Trip Meter or Odometer Reading at Completion of Service (AM)
(first, middle name/s, surname)
Class/
Year
Date
Students FULL Residential Address
of
Birth
On:
Off
On:
Off
On:
Off
On:
Off
On:
Off
On:
Off
On:
Off
On:
Off
Rural
and Regional Bus Service Contracts – Explanatory Notes. July 2008
School / TAFE Attended
Confirm Data
is
Correct
FULL Name of Eligible Student
Gender
Drop off
(S/T) School
or
Transhipmen
AM
PM
Stop Trip Meter Stop Trip Meter
No Reading No Reading
Time at Commencement of Service (AM)
Trip Meter or Odometer Reading at Commencement of Service (AM)
Time at Completion of Service (AM)
Trip Meter or Odometer Reading at Completion of Service (AM)
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Worksheet 4
Annual Report
Financial Report
Type A contracts
Contract number (s)
Financial Year 2008/09
Total Revenue
Expenses summary – cost of bus contract(s)
1 Driver costs (ie owner-driver will not complete)
2 Other labour costs (includes external cleaning paid)
3 Fuel
Bus related costs excluding fuel (registration, insurance, tyres,
4 repairs, maintenance and insurance)
Lease expenses (vehicles, computers, other bus related capital
5 items)
Administrative expenses (includes accountancy/legal fees, nonbus insurance, signs, utilities, and any other relevant expenses
6 incurred by the operator not listed above)
7 Other
I, ………………………………, of ………………………………..
(full name)
(company)
warrant that the aforementioned reports, data, information,
records and documents provided in this statement are true,
accurate and not misleading and comply with clause 8.6 of the
Standard Terms and Conditions of the Contract.
………………………….
(date)
This statement is to be forwarded with the Statement of
Financial Performance and Statement of Financial Position.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
WORKSHEET 5
ANNUAL REPORT
Fleet Profile
RR BSC Nr: B01
Reporting Period:
1
Depot
Rego No
Contracted
Body
Chassis
bus
Date of 1st Manufacture Manufacture
category
r
r
Rego
Penrith
MO9342
28-Feb-07
Scania
Volgren
Citybus
Bus Type
Wheelchair
accessible
Y
No of
Number of
Airwheelchair
positions conditioned bus Doors
2
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Y
1
Seated
Capacity
47
Seatbelts
fitted
Standing
Capacity
Bus length
25
12.5
Fuel type
Engine
Emission
Type
Transmissio
n Type
Diesel
Euro 3
Auto
No.10-Brown
CONTRACT MANAGEMENT PLAN
CONTRACT A - SCHEDULE 9
CONTRACT DELIVERABLE
Contract Reporting Obligations
Reporting Requirements (Schedule 7)
SUGGESTED OPERATOR RESPONSE
 Strategies implemented to ensure:1) correct data captured & recorded;
2) data is provided to MoT in the
required format and by due date
3) key personnel are trained & available
to carry out point in accordance with
set timeframes;
4) drivers trained & monitored to
support constant flow of relevant
information.
5) Engage accounting professional to
prepare
financial reports and
complete expenses summary in
standard template
Service Disruption - Advice to DG





Contingency Plan – Service disruption





Identify staff members responsible for
the chain of responsibility i.e. drivers,
depot staff, depot manager.
Key contacts list.
Mechanism/process to be used in
relaying advice i.e. initial telephone
advice
to
Regional
Manager
immediately.
Progress reports/updates if disruptions
protracted.
Detailed
report
faxed/emailed
to
Regional Manager with strategy to
eliminate/minimise similar disruptions in
the future.
Identify staff members responsible for
the chain of responsibility i.e. drivers,
depot staff, depot manager.
Key staff briefed on contingency
arrangements.
Key contacts list/out of hours phone
numbers.
Arrangements for extra buses (if
needed).
Parents/passengers
advised
of
disruption/alternate arrangements.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
Emergency Plan – Service disruption
including accidents & incidents
arising on a bus






Bus Age & Replacement
(clause 8)


Complaints Handling





Fares & Concessions
(Schedule 3)



Identify staff members responsible for
the chain of responsibility i.e. drivers,
depot staff, depot manager.
Key contacts list/out of hours phone
numbers.
Parents/passengers advised.
Code
of
Conduct
issues
and
management.
Spare buses if required.
Dealing with lost children
Processes to be implemented on how
fleet age will be monitored.
Replacement strategy detailing how
average bus age will be complied with in
accordance with the contract.
Training of staff to deal with complaints
Set timeframes for resolution of
complaints
Chart compliant trends i.e. driver,
service, passengers, etc
Measure compliant ratios against
previous year/s
Strategies to monitor and reduce
complaints.
Staff & drivers trained to recognize
various concession passes.
Drivers trained and monitored to ensure
appropriate concession fare charged.
All customer-facing staff, including
drivers, received or will receive training
in relation to the service requirements of
passengers
with
disabilities
and
passenger of diverse cultural and
linguistic backgrounds.
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
No.11-RED
Application to Change Service – Contract A
WOLLONGONG
PARRAMATTA
NEWCASTLE
PO Box 5215
WOLLONGONG 2500
Locked Bag 5085
PARRAMATTA 2124
PO Box 871
NEWCASTLE 2300
TO BE COMPLETED AND RETURNED BY THE CONTRACT HOLDER WITHIN 21
DAYS.
Request for variation under clause 4 of Contract A.
CONTRACT NUMBER
SERVICE NAME
OPERATOR NAME
ACCREDITATION
NO.
STUDENT DETAILS:
NAME AND
DATE OF
BIRTH
ADDRESS (A)
IS CHILD ON
THE
SERVICE
YEAR
SCHOOL
*DISTANCE
A
*Distance from students (A) home to existing pick-up point & (B) home to proposed pick-up point
(attach list if necessary).
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
B
GENERAL COMMENTS:
Please circle the correct response:
1. Will the extension alter travel arrangements for the existing passengers? (ie. earlier
start or later finish times)
YES
(if yes please state reasons)
NO
WRITTEN COMMENT IS REQUIRED FROM THE PARENTS OF THOSE STUDENTS,
CURRENTLY TRAVELLING, WHO WILL BE AFFECTED BY THE VARIATION (earlier
pick up or later set down time, extra distance to travel). PLEASE ATTACH DOCUMENTS
FROM PARENTS AND/OR SCHOOL CONFIRMING SUPPORT OR OBJECTIONS.
2. Additional distance per day required to travel the extension.
───────────────────────────── km
3. Additional time per day required to travel the extension.
─────────────────────────────
4. Is the road to be travelled suitable for bus services in the opinion of the Local
Government Authority?
YES
NO
WRITTEN ADVICE REGARDING ROAD CONDITIONS MUST BE OBTAINED FROM
THE LOCAL GOVERNMENT AUTHORITY AND SUBMITTED WITH COMPLETED
FORMS.
5. Is the proposed turnaround point suitable and safe?
YES
NO
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
6. Is there sufficient spare capacity on the bus?
YES
NO
7. Are there any other services in proximity to this service?
YES
NO
(if yes please provide details)
8. Will there be any impact on any adjacent or associated school bus services?
YES
NO
(if yes please provide details)
SCHEDULE FIVE DETAILS:
9. Please provide a detailed route description as per Schedule Five of the Contract,
a proposed timetable and a map of the existing service highlighting the
proposed extension.
MAP (attach if necessary).
10. I/We certify and declare that:
 All students mentioned on this form meet the eligibility conditions for transport in
accordance with the School Student Transport Scheme.
 The information supplied on this form is true and correct.
Signature of Contract Holder
─────────────────
Signature of authorised person
─────────────────
(where a corporation)
─────────────────────────────
Date
────────────────────────────
Date
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
MINISTRY OF TRANSPORT
FIVE YEAR SURVEY OF ELIGIBLE SCHOOL CHILDREN
SERVICE:
SCHOOL:
NAME
ADDRESS
2008
Age/Year Now
2009
2010
2011
x should be used to indicate conveyance is required
- should be used to indicate conveyance is not required
Principal’s signature
date....................
Rural and Regional Bus Service Contracts – Explanatory Notes. July 2008
2012
2013
No.13-Green
CONSISTENT APPLICATION OF FARE SCALES – RURAL & REGIONAL –
SCHOOL STUDENT TRANSPORT SCHEME
COUNTRY TOWN FARE SCALE
The Country Town Fare Scale will apply:
(a)
when the origin and destination of the school student's SSTS journey
are within the country town boundary (CTB);
(b)
when the origin of the school student's SSTS journey is inside the CTB
and the school student travels to a school or TAFE within three
complete sections outside the CTB;
(c)
to all other fares where the rural fare scale does not apply (as described
in 2 below).
RURAL FARE SCALE
The Rural Fare Scale will apply:
(a)
when the origin and destination of the school student's SSTS journey is
wholly outside the boundaries of the CTB (even in circumstances where
the journey involves travel through the country town);
(b)
when the origin of the school student's SSTS journey is outside the CTB
and the destination is inside the CTB;
(c)
when the origin of the school student’s SSTS journey is inside the CTB
and the school student travels to a school more than three complete
sections outside the CTB, unless the school student's SSTS journey (i)
emanates out of an area with a population base that the Director
General (in his sole discretion) has nominated as being one which can
sustain a country town fare and (ii) travels into an Urban Region;
(d)
all Line of Route Contract B services except those Lines of Route that
(i) emanate out of an area with a population base that the Director
General (in his sole discretion) has nominated as being one which can
sustain a country town fare and (ii) travel into an Urban Region.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
No.14-Orange
CONTRACT CONSOLIDATION AT CONTRACT COMMENCEMENT
CONVERSION OF CONTRACT A TO CONTRACT B
Where a Contract B operator operates services in one or more of the following
situations;


Operates Contract A services to schools located in the country town region or
in close proximity (within 3 Sections) of the same operator,
Operates Contract A services into a line of route network (Town to Town or
Village to Town) of Contract B service(s) operated by the same operator,
which enables connectivity between the services,
the Contract A services will be consolidated into the Contract B as a line of route
using these guidelines.

Benefits to Bus Operators
o Greater flexibility in scheduling services will result in improved use of
resources and reduced costs eg reduction of bus fleet
o Simplified administration eg no Annual Surveys.

Benefits to Government
o Reduction in administration eg Annual Surveys, no. of contracts.
o Value for money.

Benefit to the Community
o Greater flexibility in scheduling services may result in improved services
to the community.
Core Principles of Conversion
Operational and administrative efficiencies to be shared between Government &
operators.
Improve service to the public.
Contract B will have a single payment model, any consolidated lines of route will be
remunerated in accordance with the Contract B School Student Transport Scheme
payment calculation.
The following rules will apply in relation to Contract Consolidation.

Cost to the Government
The Net cost of consolidating the contracts and standardising the Rural
Fare payment methodology must result in a saving to the Government
over the life of the contracts on a state wide basis.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008

A calculation will be undertaken comparing the Contract A funding
payments with fares applied to all the Contract A students, calculated
under the Contract B fare rules. (The existing SSTS mapping principles
will be used for this purpose)
Operator Viability
o If the above conversions result in a reduction in the Operator’s Total
SSTS Revenue of more than 1.5% or a reduction in the combined
converted Contract A Revenue by more than 10%, The operator will be
given the option to convert. If the operator elects to convert, the
Contract A services will be subjected to a “Reasonableness Test” to
determine if the operator can sustain the conversion to Contract B.
o When comparing the Contract A payments and the converted Contract
B payments the following methodology will be used:The Contract A payments over the 7 year contract period will be
compared with the Contract B fares applied to the entire Contract based
on the March 2008 survey over the same period.
The existing SSTS mapping principles and the consistent fare rules will
be used in calculating the Contract B Payments.
The existing bus and replacement new buses where required will be
used in calculating the Contract A payments.
o Where Contract As held by a Contract B operator are not converted
prior to the initial contract execution, and the operator wishes to convert
them at a later date, an application will have to be submitted to the MoT
with proof that it will be in the public interest to undertake the
conversion. Any conversions after the initial contract signing will be at
the discretion of the MoT, and the MoT will use these same guidelines
in making the decision.

Operator’s with Increased Revenue
o If the above conversions result in an increase in the Operator’s Total
SSTS Revenue of more than 1.5% or an increase in the combined
converted Contract A Revenue by more than 10%, The operator will not
be allowed to convert. The operator may apply for special consideration
to the DG as indicated below.

Phasing-In of revised revenue
o While there will be an overall saving to the government as a result of
the conversions it is expected that some operators may immediately
benefit from this change, while the majority of operators will lose
revenue until such time that they can revise their services and gain
efficiencies.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
o To allow operators sufficient time to adjust, the increase or reduction in
revenue will be phased-in over 3 years.
o Where the operator incurs a loss as a result of the conversions, the
operator would be fully reimbursed for any loss of revenue in the first
year of the contract. In the second and third years the operator will be
reimbursed for 50% of the first year’s loss of revenue.
o Where an operator would receive additional revenue as a result of the
conversions, the full amount of additional savings will be deducted in
the first year. 50% of the additional revenue will be deducted in the
second and third years.
o Example: - If an operator is expected to lose $20,000 p.a. as a result of
the conversions, a payment of $20,000 will be made to the operator in
the first year, $10,000 in the second year, and $10,000 in the third year.
Operators that are expected to receive additional revenue will have a
deduction phased-in on the same basis.
o The payments or deductions will be indexed each year based on the
calculated Contract B indexation percentage.

Special Consideration
Bus operators who fall outside the above rules/guidelines and wish to consolidate
their Contract A under a Contract B may submit a business case to the Ministry for
consideration. The business case should include proposed funding of the services,
improved/additional services to the community and other operational efficiencies that
may be shared between the Government and operator over the life of the contract.

Allocation of new students along lines of route
o Where the converted Contract A contract does not interact or operate
on roads utilised by any other bus services any growth along/adjacent
to this converted line of route will be serviced by the Contract B.
o Where another Contract A operator has pick-up rights partly along the
converted road the following Rules will apply with regard to Growth.

Unless there is an existing agreement that deals with the shared
roads, any growth along/adjacent to the shared roads will be
serviced by the Contract A operator/s with their existing category
bus.

Once the number of students on the Contract A/s reach the
maximum under the existing category/s (57 for Cat 4 contracts),
any new students along/adjacent to the shared roads will be
serviced by the Contract B operator.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008

The Contract A operator/s will be allowed to increase the
category only along the non shared portion of their contract.
Once the Contract A operator reaches the current Category
capacity, any new students along the shared portion of the route
will be allocated either to the other Contract A operators along
that shared route until their current Category capacity is reached
and then to the Contract B operator. The Contract A operator will
not be allowed to increase the bus category until all the students
along the shared road have been allocated and the increased
capacity is required for the Non-Shared portion of the route.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
No.15- Blue
Country Town Boundary Movement - Explanatory Note
Clause 5 of Contract A and Contract B provides for service reviews to be undertaken
at specified times during the term of the contract.
A service review can be initiated by the Director General or by the operator.
This paper aims to explain a service review process that is initiated by the Director
General and is a consequence of a change to a Contract B country town service
region.
In accordance with the Service Planning Guidelines (Schedule 10 of Contract A and
B) a Contract B is generally issued to provide services within a country town when
the population exceeds 7,500. A Contract B is also generally issued for Village to
Town and Town to Town services where prescribed by the Service Planning
Guidelines.
Schedule 5 of Contract B contains a map depicting the contract service region.
Within this service region, the operator is contractually obliged to design and provide
regular passenger and school services that meet the community’s needs and
expectations.
Where a Contract A provides services to schools within a Contract B country town
service region the Contract A will include a map at Schedule 5A depicting the
Contract B country town service region.
Where a Town to Town (TT) or Village to Town (VT) Contract B provides services to
and from a country town that is serviced under a Contract B held by another
operator, the TT and VT Contract B will have a map at Schedule 5a depicting the
Contract B country town service region. In addition, the TT or VT operator will have
entered into a Neighbouring Service Provider Agreement (NSPA) with the country
town Contract B operator. The NSPA will identify and outline the operational
specifics of the TT or VT service while operating in the country town service region.
A country town service region is determined and agreed by the Director General
based on information and data issued by the Australian Bureau of Statistics (ABS) in
relation to a country town’s urban centre. The Director General also considers the
topography, infrastructure and any proposed future development of a country town.
ABS Census Data and Contract Boundaries
Every 5 years the ABS releases, amongst other things, population data. This data
may indicate that the population of a country town has grown and/or its urban centre
expanded. Should this occur, the Director General will inform the Contract B
operator of this change and may propose a change to the country town service
region in line with the ABS data (Clause 5.1 of Contract B refers).
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
Should it be determined that a Contract B country town service region be changed
and this impacts by including the residential addresses of students listed on the most
recent annual survey for a Contract A or the SSTS return of a VT or TT Contract B,
the affected operator will be advised as follows:
Affected Contract As
In situations where this transfer of students impacts on the funding level of a Contract
A, the Director General will allow the operator to continue to carry the identified
students and maintain the current funding level until 1 July the following year or at
least 12 months, depending on operational circumstances.
After that time the students must be transferred the Contract B country town operator
Contract A operators may be eligible for financial assistance under clause 7.6 of their
contract.
Affected Contract Bs
In situations where this transfer of students impacts on the SSTS funding level of a
Contract B, the Director General allow the operator to continue to carry the identified
students and will maintain SSTS payments for one semester before the students are
transferred the Contract B country town operator.
Please note that the above “parachute” payment arrangements only apply where the
country town Contract B operator does not also operate the services affected by the
transfer of students under these circumstances.
The Director General will advise the parents of the affected students of when the new
arrangements will be implemented. Generally, the new arrangements will be
implemented at the commencement of the next new school year or semester.
In making his decision to change a contract service region, the Director General will
consider each location on a case by case basis and in the public interest, bearing in
mind the objects of the Passenger Transport Act, 1990.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
No.16-Grey
CONCESSION PAYMENT PROCESS (HALF FARE / RED)
RURAL AND REGIONAL CONTRACTS
RED and concession fare changes are to commence from 1 January 2009.
Concession Reimbursement
Regional Excursion Daily (RED) Reimbursement and Half Fare Concession
Reimbursement will be paid through a single calculation.
The basic principles of this payment are:
1. to ensure that an operator suffers no financial loss as a result of the
introduction of RED. This is achieved by underwriting the benchmark half fare
concessional revenue that an operator would have been expected to receive;
and
2. providing an incentive to operators to increase travel by persons eligible for
RED through an arrangement that shares revenue received between the
Government and bus operators.
Calculation of Benchmark
Benchmark half fare concessional revenue is the adjusted Total Half Fare
Concessional Revenue for the prior year.
Total Half Fare Concessional Revenue (THFCR) is the total of:
Fare box received for sales of eligible half fare concession tickets; plus
Half fare concession paid by the Government.
The THFCR is annually adjusted by:
1. A % change equivalent to the % change in fares charged to the general public
during that year;
2. A % change equivalent to 50% of any change in boarding evidenced by an
operator during that year.
No Net Loss
Any operator able to demonstrate a financial loss incurred through the
implementation of the RED ticket, that is not adequately compensated through this
payment process may make a no net loss claim to the Director General.
Proposed payment system for Contract B
 12 equal monthly payments;
 Payments are paid for a calendar year and any reconciliation is for the
calendar year;
 Annual reconciliation based on either annual survey or proven loss in
determining the number of boardings for the calculation of any patronage
movement (50% share to be applied as an adjustment to the benchmark); and
 February payment withheld if data not received for reconciliation purposes.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
1.1
No.17-Purple
Communication and Consultation
Guidelines for Bus Operators
Rural and Regional Bus Services
Contract B
1.2
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
Contents
1.3
1. INTRODUCTION ............................................................................................... 55
2. WHY IS CONSULTATION REQUIRED ? .......................................................... 56
3. COMMUNICATING WITH STAKEHOLDERS ................................................... 57
4. WHEN IS COMMUNICATION AND CONSULTATION NEEDED? .................... 58
5. SERVICE REVIEWS ........................................................................................... 7
6. MATERIAL CHANGES ....................................................................................... 8
7. WHO SHOULD BE CONSULTED
9
8. KEY CONTACTS
10
APPENDIX A – STAKEHOLDER ISSUES MATRIX ................................................. 63
1.4
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
1. INTRODUCTION
This guide has been prepared for rural and regional bus operators to assist with
community and stakeholder consultation required under Contract B.
Under the contract, consultation is required during service reviews and prior to
implementing any material service changes. The outcome of the consultation
process is to assist in the design of a bus network that best meets the needs of
the community.
It is acknowledged that bus operators have expert knowledge on their passengers
and the communities within which they operate. This guide attempts to enhance
the current practices of determining demand for new or changed bus services and
to provide useful information about how to meet the requirements of the Service
Planning Guidelines. In particular this guide aims to assist operators in
determining who should be consulted, why, when and how.
Further information and assistance in any community consultation matters can be
obtained from the Ministry of Transport’s Stakeholder and Community
Management Division on telephone (02) 9268 2878.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
2. WHY IS CONSULTATION REQUIRED?
The Service Planning Guidelines for Bus Services in Rural and Regional Areas
(Service Planning Guidelines) provide guidance in the provision of bus services
that are relevant to the communities they serve by setting principles and
thresholds that should be applied in the planning of bus services.
The points below are excerpts from the Service Planning Guidelines that indicate
the need for communication or consultation activities.
Service frequency and span of service hours
Services should be designed to meet local demands including tourists, special
events and other specific demands eg students in university towns, jail or hospital
locations and visiting hours.
Community consultation
In designing and reviewing bus services the operator must use best endeavours
to involve the local community as a means of ensuring local transport demands
are taken into account.

The operator must undertake a service review every three years or no later
than 12 months after any release by the Australian Bureau of Statistics of data
compiled from a Census (including school services), this must include a
community forum;

Consultation in the event of a material change to services proposed includes
consulting with local council, schools and other key stakeholders in the local
community likely to be affected by the change;

Operators are to participate in regional transport forums, where a forum exists
in their area;

Material changes require a minimum of two weeks’ notice to be given to the
public prior to implementing the change;

Minor changes require a minimum two business days’ notice to be given to the
public prior to implementing the change.
Timetable and service information
 Where there is more than one operator in a country town, operators are to
work together to produce one coordinated timetable for the town services;

All timetables are to be provided on the internet on the bus operator’s site(s)
and provided to 131500 Transport Infoline, local council, tourist information
centres and other local information sites as relevant.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
3. COMMUNICATING WITH STAKEHOLDERS
The Service Planning Guidelines stipulate that an operator must undertake a
Service Review every three years or no later than 12 months after any release by
the Australian Bureau of Statistics of data compiled from a Census. This
guideline aims to achieve standard communication and consultation activities in
the bus industry across NSW.
The Ministry of Transport will continue to work with bus operators to ensure the
dissemination of consistent messages about Bus Reform. The Ministry will also
offer assistance to operators to ensure that an appropriate public involvement
process is implemented during the reviews.
Benefits of communication and consultation:

create a positive public perception and manage stakeholder expectations
through the dissemination of clear, relevant, timely and accurate information;

identify all stakeholders impacted by the bus network review and provide
opportunities for their involvement in the planning process, where appropriate;

target stakeholder groups and increase stakeholder and community
awareness of the bus service review;

provide clear, relevant, timely and accurate feedback to stakeholders about
their input into a decision-making process;

use the outcome of the consultation process to assist in the design of a bus
network that best meets the needs of the community;

anticipate and address local issues to ensure main messages of the review
remain positive for general public;

create opportunities to partner with other transport operators on communityspecific publicity programs that encourage bus travel on an improved bus
network, and

to monitor community and stakeholder feedback and make appropriate
network changes as necessary.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
4. WHEN IS COMMUNICATION AND CONSULTATION NEEDED?
The first step in consultation is communication – community members and
stakeholders must have enough information about services that operators provide
and when operators are reviewing services before they can effectively participate
in a consultation process.
In terms of communication and consultation, there are two key activities under the
new contracts with different communication and consultation requirements for
each: service reviews and material service changes.
Before considering each of these, the value of feedback obtained from
passengers and the general public should be noted.
FEEDBACK / COMPLAINTS
The Bus Operator Accreditation Scheme (BOAS) and contract requires an
operator to maintain a complaints handling system. An added benefit of this
system is the input provided from the community on possible service
enhancements.
Day to day feedback that is received by bus operators and the Ministry of
Transport should be considered by operators in determining any service changes
It is important that robust systems are in place to receive and manage feedback
so it can be recorded, managed and considered during the service review, or
resolved as a separate matter.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
5. SERVICE REVIEWS
A service review needs to occur within three years of the new contract agreement
or no later than 12 months after the lease of census data by the Australian
Bureau of Statistics.
The bus operator determines when it will carry out service reviews and should
initially develop a plan for consultation for discussion with the Regional Manager
of the Ministry of Transport and the local Regional Transport Coordinator. This
discussion will confirm what stakeholders should be consulted and the adequacy
of the proposed consultation.
The first review under the contract is critical in terms of how it will set the scene
for future communication and consultation. Careful management of community
and stakeholder expectations is necessary, as well as a comprehensive
communication phase to ensure communities understand their opportunities for
input or comment.
It will be important to identify if a relevant consultative group exists in the
community before determining the communication and consultation plan. It is
crucial that established networks and groups are used wherever possible and
appropriate (eg Local Transport Working Group).
Where there is no established group or network it is necessary for the operator to
identify stakeholders who can participate in a meeting about the existing bus
services and any proposed changes.
Bus passengers and the wider community should be informed and asked for
feedback on the results of the service review.
The operator should consider all feedback and incorporate reasonable
suggestions into the final network design wherever possible.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
6. MATERIAL CHANGES
Under the contract the following service changes are defined as Material
Changes:
(a)
removal of an existing service;
(b)
removal of an existing trip or journey;
(c)
decrease in the frequency of an existing service;
(d)
a permanent change to, or removal of, the route of an existing service;
or
(e)
otherwise considered to be material by the Director General, acting
reasonably.
Where the bus operator proposes a Material Change it must gain the consent of
the Director General prior to implementing the service changes. The Director
General must notify the bus operator in writing of whether or not he consents to
the proposed service change within 42 days.
The Director General's consent is not required for a Material Change where, prior
to implementation of the change, the bus operator has provided to the Director
General, in writing, confirmation that it has addressed all the criteria that is set out
in detail of clause 4.3 of the Contract.
The criteria include requirements for the bus operator to submit to the Director
General confirmation, with accompanying details where necessary, that it has:
has carried out all community consultation required under the Contract and
the Service Planning Guidelines;

has considered and reasonably taken into account issues raised during the
consultation process; and

details of the implementation, including the communication strategy, of the
proposed change.
The community consultation principles for a Material Change are similar to those
for Service Reviews. However, depending on the extent of the Material Change
proposed and the impact it will have, the consultation process should be tailored
to focus on those affected stakeholders.
An example of this could be the proposed re-allocation of a poorly patronised
midday timetabled trip from one area to a new residential development within the
existing contract region. In this case it would be appropriate to place notices in
the bus, consult the regular passengers, any aged peoples’ facilities or similar
and notify the Local Transport Working Group.
Another example is the removal of a dedicated school service due to the small
number of students being conveyed. In this case only the school and affected
parents would need to be consulted prior to the withdrawal of the service.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
7. WHO SHOULD BE CONSULTED?
It is important to identify as many stakeholders as possible as it is better to have
too many than to have missed one. There is generally a logical grouping of
stakeholders that allows the identification of issues or matters of interest. This
helps to create actions specific to each group. A stakeholder issues matrix can
be created to make this a straight forward process. An example is attached at
Appendix A.
Government
This stakeholder group comprises the Ministry of Transport, whose primary
concern is for the provision of efficient bus services that follow the service
planning guidelines. Key contacts are the Regional Manager and the local
Regional Transport Coordinator.
Local government
This stakeholder group comprises local government, whose primary concern
relates to the provision of sufficient bus services that adhere to relevant Council
Traffic Committee requirements.
Other transport providers
This stakeholder group comprises other transport providers such as rail, taxi, local
community transport agencies, whose primary concern relates to the integration
of services and impacts any proposals may have on their business.
Transport interest groups
This stakeholder group comprises transport interest groups such as Council
Precinct Committees (eg Local Transport Working Groups), local Progress
Associations, local Country Women’s Association branches, local Senior Citizens’
Associations, whose primary concern relates to the provision of bus services that
meet the needs of their membership.
Accessibility
This stakeholder group comprises accessibility action groups such as NSW
Disability Council, Guide Dogs Association, Deaf Society of NSW, and local
disability groups, whose primary concern relates to the provision of accessible
transport.
Passengers
This stakeholder group comprises existing passengers, whose main concern is
their level of service.
Media
This stakeholder group comprises media outlets, including TV, print and radio,
whose main concern is for the provision of information to the community.
General public
This stakeholder group comprises all members of the community, whose main
concern as tax payers and possible public transport users is for information about
any proposals and changes to local transport.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
8. KEY CONTACTS
Ministry of Transport
Organisation Position
Address
Telephone
Operations
Division
Ground Floor, 239 King
St, Newcastle NSW 2300
PO Box 871,
Newcastle NSW 2300
Level 6, NRMA Building,
221-229 Crown Street,
Wollongong NSW 2500
PO Box 5215,
Wollongong NSW 2500
Toll Free 1800 049 983
02 4929 7006
Manager Northern Region
- Newcastle
Manager Southern Region
- Wollongong
Local and
Community
Transport
Toll Free 1800 049 961
02 4224 3333
South East Regional
Coordinator
6124 3007
0417 218 876
Mid North Coast Regional
Coordinator
New England / North West
Regional Coordinator
Orana Regional
Coordinator
Illawarra Regional
Coordinator
Aboriginal Project &
Liaison Officer
Central West Regional
Coordinator
Far West Regional
Coordinator
Riverina / Murray Regional
Coordinator
Northern Rivers Regional
Coordinator
Gosford Regional
Coordinator
Hunter Regional
Coordinator
6648 4431
0438 255 543
6773 7015
0419 412 211
6884 6626
0437 032 335
4224 3324
0438 659 139
6621 9424
0427 415210
6339 4910
0419 619003
6884 6626
0434 073 568
6921 3588
0418 227 996
6621 9424
0419 685 385
4337 2313
0407 946 912
0408 679 202
Stakeholder Community Liaison
and
Officers
Community
Management
Level 21, 227 Elizabeth
St
Sydney NSW 2000
9268 2885
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
Communication and Consultation Guideline for Bus Operators – Draft 1
Appendix A – Stakeholder Issues Matrix
Who?
What is their interest?
Government Access to information
about bus service review
Planning of a new/
amended network
Public perception of a
network proposal
Network implementation
Local
Transport
Working
Group
Local
government
Other
transport
providers
Proposed changes to
route and school services
Access to information
about bus service review
Planning of a new/
amended network
Public perception of a
network proposal
Proposed changes to
routes
Links with existing Council
Transport Committee or
other relevant committee
Network implementation
Access to information
about bus service review
Planning of a new/
amended network
What can be done about their interest?
Provide information about when the review will take
place and provide regular updates
Provide opportunities for involvement in the planning
of the new or amended network
Provide feedback about the community’s concerns or
ideas about the new or amended network proposal
Provide information about when the network will be
implemented and which methods will be used to
inform the public on the new network
Determine if a committee that represents a cross
section of the community exists and if so, meet with
the committee to discuss the new proposal
Provide information about when the review will take
place and provide regular updates
Provide opportunities for involvement in the planning
of the new or amended network
Provide feedback about the community’s concerns or
ideas about the new or amended network proposal
Provide information for Council consideration of
proposed route changes
Invite representation at meetings of local transport
committees, if not already represented.
Provide information about when the network will be
implemented and which methods will be used to
inform the public on the new network
Provide information about when the review will take
place and provide regular updates
Provide opportunities for involvement in the planning
of the new or amended network
How can it be done?
Contact the Ministry of
Transport’s Regional Manager
and Regional Transport
Coordinator
Contact the local council or the
Ministry of Transport’s Regional
Transport Coordinator
Contact the local council transport
planner
Who?
What is their interest?
Proposed changes to
routes
Access to information
about bus service review
Impacts on transport
disadvantaged
What can be done about their interest?
Anticipate impacts to their business and provide
information so they can determine any additional
impacts
Involve them in the planning of changes and/or
provide early advice on any changes that may impact
their business
Provide information about when the network will be
implemented and provide copies of public
communications
Provide information about when the review will take
place and provide regular updates
Ensure impacts to transport disadvantaged are
managed so that transport services remain available
Proposed changes to
routes
Anticipate impacts to their membership and provide
information on proposal
Network implementation
Provide information about when the network will be
implemented and provide copies of public
communications
Provide information about when the review will take
place and provide regular updates
Impacts on their business
Network implementation
Community
Groups
Accessibility Access to information
about bus service review
How can it be done?
Contact all local transport
providers
Contact the transport interest
groups
Contact the Local and Community
Transport Coordinator at the
Ministry of Transport to discuss.
Contact the groups, following
discussion with Local and
Community Transport Coordinator
Write to the accessibility groups
Write to accessibility groups
Improvements to, or
Impacts on accessibility
Ensure improvements and/or impacts to people with
accessibility needs are managed so that transport
services remain accessible
Contact the Ministry of
Transport’s Stakeholder and
Community Management Division
Proposed changes to
routes
Anticipate accessibility impacts and provide
information on proposal
Network implementation
Provide information about when the network will be
implemented and provide copies of public
Write to, or contact the group,
following discussion with Ministry
of Transport’s Stakeholder and
Community Management Division
Write to accessibility groups
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
Who?
What is their interest?
Passengers
Access to information
about bus service review
Planning of a new/
amended network
Network implementation
Media
Access to information
about bus service review
and implementation of
final network
Local hot issues and
public perception of
review
General
public
Access to information
about bus service review
Planning of a new/
amended network
Network implementation
What can be done about their interest?
communications
Provide information about when the review will take
place and provide regular updates
Provide opportunities for involvement in the planning
of the new or amended network
Provide information about when the network will be
implemented
Provide information about when the review will take
place and provide regular updates
How can it be done?
Bus driver briefings, posters
and/or pamphlets on buses
Bus driver briefings, posters
and/or pamphlets on buses
Bus driver briefings, posters
and/or pamphlets on buses
Draft sample letters etc provided
in this guide.
Prepare media responses to issues as they arise
Contact the Ministry of
Transport’s Stakeholder and
Community Management Division
for assistance in preparing media
responses
Provide information about when the review will take
place and provide regular updates
Provide opportunities for involvement in the planning
of the new or amended network
Provide information about when the network will be
implemented
Examples include:
Notices in buses, Articles in
newspapers, local radio
interviews, pamphlets or posters
in Council, libraries and
supermarkets (or other popular
places)
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
No.18- Blue
www.transport.nsw.gov.au
Ministry of Transport
Rural and Regional Bus Service
Contracting (RRBSC)
Contract B
Reporting definitions for Monthly and Quarterly
Reporting requirements under the RRBSC.
2008
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
Table of Contents
Overview of RRBSC Reporting; ................................................................................ 69
Monthly Reports ...................................................................................................... 70
Worksheet No 1: Reliability. ..................................................................................... 3
Worksheet No 2: Boardings by Route & Ticket Type. ............................................ 70
Worksheet No 3: Boardings by Day ........................................................................ 5
Worksheet No 4: Customer Feedback .................................................................... 5
Annual Reports
Worksheet No 5: Financial Reports ......................................................................... 5
Worksheet No 6: Fleet Profile .................................................................................. 7
Worksheet No 7: Total Kilometres ........................................................................... 7
Worksheet No 8: Peak Requirements ...................................................................... 7
A
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
Overview of the RRBSC Reporting;
The Ministry of Transport is required to monitor performance of operators
under the Rural and Regional Bus Service Contract (RRBSC) through self
reporting by;
Operators jointly understanding how data is captured, reported and how
this data is interpreted by both parties and later used by MoT. This will be
done by;
Defining the meaning of each worksheet, understanding how the data is
captured, and then it’s analysis in a consistent manner.
Note: Reporting requirements may vary in time as new technologies are
developed.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
Monthly Reports
This section outlines the definitions associated with each of the monthly
reports as set out in the four worksheets provided to each RRBSC operator
for the purposes of reporting performance on a monthly basis
Worksheet No 1:
Reliability
Bus Services by Route Number:
Means regular bus services carried out by the operator in accordance with the
Schedule 2 – Services of the Contract. The Route Number is the number
allocated by the operator as part of the route network identified within the
contract service plan as regular bus services (including dedicated school
services).
Bus Service Route Description
Route description is the main origin and destination as advertised in the
timetable service operated as per the Contract Service Plan. For example
route 300 would be Lithgow to Oakey Park.
Planned Timetabled Trips
The number of Weekday and Weekend timetabled regular bus services trips
(including dedicated school services).during the current reporting month as
per the operators Contract.
Number of Incomplete Trips
This field represents the total timetabled regular bus service trips (including
dedicated school services) that did not operate in full, including accessible
trips during the reporting period.
An Incomplete trip is where only a part of the advertised timetabled service
operated. This means where any part of the trip was shortened at any location
to start or end between the two advertised and timetabled points.
Number of Cancelled Timetabled Trips
This field represents the total timetabled regular bus service trips (including
dedicated school services) not operated because of cancellations, including
accessible trips during the reporting period.
A cancelled trip is where the whole of the advertised timetabled trip did not
operate.
Trips early by greater than one (1) minute
This is the number of instances during the current reporting period that the
timetabled trip departed greater than two minute before the advertised timing
points along the route.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
Trips late greater than five (5) minutes
This is the number of instances during the current reporting period that the
timetabled trip arrives greater than five minutes after the advertised timing
points along the route.
Bus full on route
This is the number of occurrences where customers could not board a
timetabled trip during the reporting period because the bus was full to
capacity. The bus may be full to capacity due to school students already on
board a timetable route service.
Timetabled Accessible Services
This is the number of wheelchair accessible timetabled trips during the
reporting period.
Accessible services not operated
This field represents the total wheelchair accessible bus trips not operated in
full or part by an accessible bus during the reporting period.
Definition: A Dedicated School Service means Regular Bus Service carried
out primarily to cater for transport of primary or secondary school students
and that carry few, if any, fare paying passengers who are not school
students.
Worksheet No 2:
Type
Actual Boardings by Route and Ticket
This worksheet reflects the actual passenger boardings by ticket type by bus
route number.
Each bus route is only to be listed once on this sheet and each bus route
operated by the RRBSC operator is to be recorded on a separate sheet.
Ticket means any entitlement to travel on the operator’s bus services
including dedicated school services, as evidenced by a paper, electronic or
magnetic ticket, coupon, card or other instrument.
1 Adult Full Fare:
Ticket types are cash fare products for adult passengers as set out within the
operator’s RRBSC at Schedule 3, Part 1 – Fares and Concessions.
2 Concession Fare:
Ticket types are concessions as set out within the operator’s RRBSC at
Schedule 3 Part 2 – Approved Beneficiaries for Concession. Note that
reimbursements are not available for Primary and Junior School, aged
children (ages 4-15).
3 Child Fare:
Ticket types are cash fare products for children as set out within the operator’s
RRBSC at Schedule 3, Part 1 – Fares and Concessions.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
4 Regional Excursion Daily (RED) – Fare Paying:
Ticket type is RED as set out within the operator’s RRBSC at Schedule 3 Part
2 – Approved Beneficiaries for Concession. The information to be provided is
for the first or initial trip a passenger undertakes after purchasing a RED.
5 Regional Excursion Daily (RED) – Non Fare Paying:
The information to be provided is for subsequent trips undertaken after the
first or initial trip a passenger undertakes after purchasing a RED. These
subsequent trips require the production by the passenger of a valid RED and
do not require a fare to be paid.
6 Non Fare Paying:
Non fare paying passengers as set out within the operator’s RRBSC at
Schedule 3 Part 3 – Approved Beneficiaries for Free Travel.
Worksheet 3:
Boardings by Day.
The purpose of this sheet is to provide information on patronage variations by
ticket type by day.
Monday to Friday
The total number of passengers, other than school students, carried on all
services during the week.
Saturday
The total number of passengers carried on all services on Saturdays
Sunday and Public Holidays
The total number of passengers carried on all services on Sundays and public
holidays.
Worksheet No 4:
Customer Feedback
This worksheet is used to record the total number of different types of
customer feedback received during the monthly reporting period. Worksheet
4 must include all feedback received by the operator including:
mail
telephone
email
ITIS (131500)
website
matters referred by the Ministry of Transport
or any new system that may be introduced in the future
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
Annual Reports
This section outlines the definitions associated with each of the annual reports
as set out in the four worksheets provided to each RRBSC operator for the
purposes of reporting performance on an annual basis
Worksheet No 5:
Financial Report
Operators are required to submit a Statement of Financial Performance for
their business activities.
Revenue
Total Revenue earned by Operator – the Ministry of Transport will isolate
contract revenue from its own records
Expenses
Total expenses incurred by the Operator.
Operators are to complete the pro-forma (Worksheet 5) which provides a
summary of external costs for the operation of their bus contracts:
1. Driver costs (wages and on-costs)
2. Other labour costs (includes external cleaning paid)
3. Accountancy/legal fees
4. Fuel
5. Bus related costs (registration, insurance and tyres)
6. Repairs, maintenance and refurbishments
7. Depot expenses
8. Non-bus insurances
9. Vehicle lease expenses
10. Other lease expenses (computers, other capital items)
11. Other – incorporates signs, advertising, utilities, timetables and any other
relevant expenses incurred by the operator not listed above
The operator will be required to complete a statement indicating that the
data in the pro-forma does not, to their knowledge, contain any material
misstatements.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
Statement of Financial Position
Operators will be required to provide a Statement of Financial Position and
indicate whether this Statement covers bus operations solely or multiple
activities.
In the case of the latter, operators will be required to provide details of the
balances at balance date of the following balance sheet accounts as they
relate to bus assets only:
o
o
o
o
Bus assets/fleet leases
Depot buildings
Fleet debt
Depot debt
Worksheet No 6:
Fleet Profile
Means a fleet profile of the buses operated under the RRBSC to deliver the
regular bus services (including dedicated school services) as contained at
Schedule 2 – Services.
Also required is information on the number of other buses operated that
primarily provide non-contract work such as charter or tourist services.
Worksheet No 7:
Total Kilometres
Bus Services by Route Number:
Means regular bus services (including dedicated school services) carried out
by the operator in accordance with the Schedule 2 – Services of the Contract.
The Route Number is the number allocated by the operator as part of the
route network identified within the contract service plan as regular bus
services.
Total Kilometres:
Means where a bus operates in accordance with the advertised timetable
(including dedicated school services) and a fare or subsidy is able to be
collected under the contract but excludes kilometres run for positioning or
other incidental movements of buses.
Worksheet 8:
Peak Requirements
This worksheet requires the operator to provide information on the peak
requirements of buses operated under the Contract over the reporting period.
1.
2.
3.
4.
Fleet size by contract (total route & school buses)
AM peak requirement (weekday)
PM peak requirement (weekday)
Additional non contract buses operated, including charter buses .
The above four items are shown as the requirements on the last working
weekday of reporting year - excluding public holiday.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
Schedule 7
In accordance with Clause 8.2 of the Standard Terms and Conditions contained in the
Contract. The following reports are to be lodged on a regular basis.
Report Name
Type of report
Reliability
Monthly
Actual boardings by route/ticket type Monthly
Lodgement Date
Worksheet
Reference
Within 7 business days
1
of month end
Within 7 business days
of month end
Within 7 business days
of month end
14 days of month end
2
Boardings by Day
Monthly
3
Customer Feedback
Monthly
Financial Report
Annual
>10 contracts - 31Oct
> 5 contracts - 31-Dec
< 5 contracts - 31 Mar
5
Fleet Profile
Annual
6
Total Kilometres
Annual
Peak Requirement
Annual
Within 14 days of year
end
Within 14 days of year
end
Within 14 days of year
end
Major service disruptions
N/A
Immediately
9
Force Majeure Events
N/A
Immediately
10
4
7
8
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
WORKSHEET 1
MONTHLY REPORT
Reliability
RR BSC Nr: B01
Reporting Period:
Bus Services by Route No
XXXX Raglan Special
XXXX Blow Clear to Wyalong
XXXX Blaxlands to Grafton
Total
0
3
3
0
Accessible
trips
incomplete
or cancelled
1
1
0
0
6
2
Route Desc.
Planned
Timetabled
Trips
Number of
Incomplete
trips
Number of
Cancelled
Trips
Trips Late
Timetabled
Trips Early
Bus full on
= to or > 5
accessible
> 1 minute
route
minutes
trips
112
0
1
48
0
0
0
112
3
0
12
0
0
0
112
0
0
0
0
1
3
1
60
0
1
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
WORKSHEET 2
MONTHLY REPORT
Actual Boardings by Route and Ticket Type
RR BSC Nr: B01
Reporting Period:
Route Number - [ insert route number ]
1
2
3
4
5
6
Sections Purchased
Adult Full Fare
Concession Fare
Child Fare
Regional Excursion Daily (RED)
RED - Non fare paying
Non Fare Paying Passengers (Not including SSTS)
1
2
3
4
5
6
7
8
9
10
11-15
16-25
26+
Total
0
0
0
0
Total Passengers Carried
0
Route Number - [ insert route number ]
1
2
3
4
5
6
Sections Purchased
Adult Full Fare
Concession Fare
Child Fare
Regional Excursion Daily (RED)
RED - Non fare paying
Non Fare Paying Passengers (Not including SSTS)
Total Passengers Carried
1
2
3
4
5
6
7
8
9
10
11-15
16-25
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
26+
Total
0
0
0
0
0
WORKSHEET 3
MONTHLY REPORT
Boardings by Day
RR BSC Nr: B01
Reporting Period:
BOARDINGS BY TIME OF DAY
Passengers other than school
students
ACTUAL NO.
Adult Full Fare
Regional
Concession
Excursion
Fare
Child Fare Daily (RED)
Non Fare
RED- Non Paying
fare
Passengers
paying
(Non SSTS)
Monday-Friday
Saturday
Sunday and Public Holiday
TOTAL
0
0
0
0
0
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
0
WORKSHEET 4
MONTHLY REPORT
Customer Feedback
RR BSC Nr: B01
Reporting Period:
Feedback Type
No. Recorded
Compliment
Staff/Driver Rude
Staff/Driver Unhelpful
Dangerous Driving
Felt Unsafe
Ticket Dispute
Bus Early
Bus Late
Missed Stop
Failed to Operate
Overcrowded
Running Wrong Route
Bus Dirty
No Seats Available
Noisy/Unruly
SSTS
Bags
Bus Shelter Inadequate
Shelter No Seating
Shelter Not Provided
Timetable
Other
Total Feedback
0
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
Worksheet 5
Annual Report
Financial Riport
RR BSC Nr: B01
Financial Year 2008/09
Total Revenue
Expenses summary – cost of bus contract(s)
1 Driver costs (ie owner-driver will not complete)
2 Other labour costs (includes external cleaning paid)
3 Fuel
Bus related costs excluding fuel (registration, insurance, tyres,
4 repairs, maintenance and insurance)
Lease expenses (vehicles, computers, other bus related
5 capital items)
Administrative expenses (includes accountancy/legal fees,
non-bus insurance, signs, utilities, and any other relevant
6 expenses incurred by the operator not listed above)
7 Other
I, ………………………………, of ………………………………..
(full name)
(company)
warrant that the aforementioned reports, data, information,
records and documents provided in this statement are true,
accurate and not misleading and comply with clause 8.6 of the
Standard Terms and Conditions of the Contract.
………………………….
(date)
This statement is to be forwarded with the Statement of
Financial Performance and Statement of Financial Position.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
WORKSHEET 7
Annual Report
Total Kilometres
RR BSC Nr: B01
Reporting Period:
BUS SERVICES BY ROUTE NO. (inluding
dedicated school routes)
Timetabled Km's
Total Kilometres
0
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
WORKSHEET 8
ANNUAL REPORT
Peak Requirement
RR BSC Nr: B01
Reporting Period:
Category
Total number
Fleet size (total No. route and school buses)
AM peak requirement (weekday)
PM peak requirement (weekday)
Additional non contract buses oprated including charter buses
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
No.19- Pink
CONTRACT MANAGEMENT PLAN
SCHEDULE 9
CONTRACT B
CONTRACT DELIVERABLE
Passenger Relations Plans



Timetable Information




131500 (clause11)
Complaints
(clause 10)

Strategies in place to promote
131500
1) number & logo displayed on
website; timetables & buses; &
2) communication
of
service
changes
informed
in
accordance with stipulated
timeframes.

Training of staff to deal with
complaints and difficult people.
Set timeframes for resolution of
complaints.
Chart compliant trends i.e. driver,
service, passengers, etc.
Measure compliant ratios against
previous year/s to establish
trends.
Strategies employed to monitor
and reduce complaints.
Feedback page on website (all
feedback to be considered during
Service Reviews clause 5).
Handling


Fares
&
Concessions
(Schedule 3)




Staff Training
Timetables displayed at major bus
stops, shopping centres.
Timetables available from the
driver and depot.
Posted on wedsite & including
school
timetables/advice
schedules.



OPERATOR RESPONSE
Identification of the person &
resources
committed
to
implementing and managing the
Passenger Relations Plans.
Needs to display Passenger
Relations Plan on website/in
buses.

Staff & drivers trained to recognize
various concession passes.
Drivers trained and monitored to
ensure appropriate concession
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
fare
charged/RED
followed.
Contract Reporting Obligations
 Reporting
Requirements
(Schedule 7)
Service Disruption - Advice to
DG

All customer-facing staff, including
drivers, received or will receive
training in relation to the service
requirements of passengers with
disabilities and passenger of
diverse cultural and linguistic
backgrounds.

Strategies
implemented
to
ensure:1) correct data captured &
recorded in the required
format;
2) data is provided to MoT in the
required format and by due
date
3) key personnel are trained &
available to carry out point in
accordance
with
set
timeframes;
4) drivers trained & monitored to
support constant flow of
relevant information.
5) Engage
accounting
professional
to
prepare
financial reports and complete
expenses summary in standard
template.
Identify staff members responsible
for the chain of responsibility i.e.
drivers,
depot
staff,
depot
manager.
Key contacts list.
Mechanism/process to be used in
relaying
advice
i.e.
initial
telephone advice to Regional
Manager immediately.
Progress
reports/updates
if
disruptions protracted.
Detailed report faxed/emailed to
Regional Manager with strategy to
eliminate/minimise
similar
disruptions in the future.
Identify staff members responsible
for the chain of responsibility i.e.
drivers,
depot
staff,
depot
manager.
Key staff briefed on contingency





Contingency Plan
disruption
–
Service
processes


Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008



Emergency Plan – Service
disruption including accidents
& incidents arising on a bus






Service Planning
 Change to services initiated
by Operator (clause 4)
 Service Review 3 years/12
months within ABS (clause
5)

1)
2)
3)
4)
5)
6)
7)

Bus Age (clause 7)


arrangements.
Key contacts list/out of hours
phone numbers.
Arrangements for extra buses (if
needed).
Parents/passengers advised of
disruption/alternate arrangements.
Identify staff members responsible
for the chain of responsibility i.e.
drivers,
depot
staff,
depot
manager.
Key contacts list/out of hours
phone numbers.
Parents/passengers advised of
disruption/alternate arrangements.
Code of Conduct issues and
management.
Spare buses if required.
Dealing with lost children.
Process of periodic reviews
(clause 4):examine complaints/feedback
survey passengers
meet with Regional Transport Coordinators
discuss with neighbouring service
provider and other public transport
service providers if appropriate;
attend Regional/Local Transport
Working Groups;
comply with service Planning
Guidelines; &
Community
Consultation
Guidelines
Implementation of new services notice in media, on website, on
buses.
Processes to be implemented on
how fleet age will be monitored.
Replacement strategy detailing
how average bus age will be
complied with in accordance with
the contract.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
No.20-Brown
Neighbouring Service Provider Agreement (NSPA)
RURAL & REGIONAL BUS SYSTEM CONTRACT
NEIGHBOURING SERVICE PROVIDER AGREEMENT
(NSPA)
(Insert Name of Neighbouring Service Provider)
(Insert Name of Neighbouring Service Provider)
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
DATE:
1.
PARTIES
The Parties to this NSPA are identified in Item 1 of the Schedule.
2.
RECITALS
A) The Parties have each entered into separate Rural and Regional Bus
Systems Contract Type B (RRBSC) with the Ministry of Transport.
B) For the purposes of the RRBSC and this NSPA, the Parties are each
Neighbouring Service Providers (NSP).
C) Clause 19 (Neighbouring Services) of the RRBSC provides that the
Operator must:
(i)
cooperate with its NSP to ensure that Regular Bus
Service under the RRBSC is provided in an efficient
coordinated manner;
(ii)
negotiate in good faith with its NSP to develop plans for
efficient coordinated Regular Bus Services; and
(iii)
provide any Neighbouring Service Plan [NEEDS TO BE
DEFINED) to the Director General for review within 12
months from the Service Commencement Date of the
RRBSC.
D) The RRBSC also stipulates in Schedule 11 that:
(i)
The Operator must use their best endeavours within 12
months of the Service Commencement Date to negotiate
and execute a NSPA with their NSP; and
(ii)
The Operator must, in accordance with the Service
Planning Guidelines (SPG), under the RRBSC, consult
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
with a NSP to achieve, where practicable a co-ordinated
use of resources and improved delivery of services.
E) Pursuant to the RRBSC, the Operator is responsible for designing
Services and, will endeavour to work with their NSP to develop efficient
co-ordinated Services.
F) The Commencement Date shall be the date as set out in Item 2 of the
Schedule.
3.
DEFINITIONS
References to clauses are references to clauses in this NSPA unless
specifically stated as references to the RRBSC. Furthermore, the
definitions in this NSPA are the definitions in the RRBSC.
4.
TERM
This NSPA shall commence from the Commencement Date shall end
upon the termination or expiry of the Operators RRBSC, or as
otherwise agreed.
5.
OPERATION OF BUS SERVICES
5.1
The Parties agree that they will comply with their respective RRBSC to
ensure a co-ordinated use of resources and improved delivery of
services when planning services including any new services that have
resulted from areas of growth within each parties contracted area.
More specifically each of the Parties will:
5.1.1 Recognise the exclusivity of their NSP’s Contract Service
Region (CSR) and further acknowledge that there exists, from
the Commencement Date of this Agreement, routes that
traverse into their NSP’s CSR over which the Parties have
unrestricted rights of pick up and set down (Shared Routes).
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
5.1.2
Acknowledge and agree that the CSR of their NSP and the
Shared Routes of the Parties are identified in Item 3 of the
Schedule.
5.1.3
Negotiate with their NSP in good faith to develop co-ordinated,
efficient, Regular Bus Services, including School Services,
where those Services may travel through the other party’s CRS
or on the Shared Routes.
5.1.4
Develop a co-ordinated plan with their NSP, within 12 months of
the Commencement Date, of this Agreement, and ensure that,
every three (3) years, they use their best endeavours to
coordinate the timing of each Party’s reviews under the RRBSC.
5.1.5
Work co-operatively to produce one co-ordinated time table in
accordance with the SPG for the Town Services as defined in
the SPG.
5.1.6
Agree to share facilities where applicable and to introduce coordinated ticketing systems and products and to consult with
their NSP in the development of their respective contract
management plans under the RRBSC.
5.1.7
Keep their NSP informed of any relevant changes or variations
to this Agreement that will affect the other party and meet, as
required ensuring a co-ordinated approach to planning and
community consultation as required by the RRBSC.
6.
PLANNING OF SERVICES
6.1
The Parties agree that, when they are developing the co-ordination of
their Regular Bus Services under their respective RRBSC, they will take into
account, in addition to the SPG and those matters referred to in clause 5
above, the following planning principles:
6.1.1
Timetabled Route Services
6.1.1.1
Any increase, reduction or alteration of service to the
CSR or Shared Routes on which a party is operating a
service takes into account those existing services
operated by the other party.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
6.1.1.2
That any passenger is not unreasonably disadvantaged
from using Regular Bus Services because of the fact that
the service may cross the CSR of another party or use
the Shared Route of that party.
6.1.1.3
Travelling
restrictions
that
would
unreasonably
disadvantage a passenger’s normal travel needs should
be minimised taking into account the provisions of clause
6.1.1.1 above.
6.1.1.4
Restrictions may apply where other passengers are
unduly affected by increasing the number of pick ups or
set downs on the journey such as overloading or
increased travel times.
6.1.2
School Services
6.1.2.1
Where possible, School Services operated by one party
that have a full
load of students or where practical,
travelling to one school or neighbouring schools, should
be able to travel through their NSP’s CSR directly to
school. Pick up restrictions will be observed in their NSP’s
CSR.
6.1.2.2
These direct School Services should not result in a
significant impact on the revenue of the other party.
6.1.2.3
Where practical, in the CSR, duplication of Services
within the region is to be minimised.
7.
REVIEW OF SERVICES
The Party operating a service will be responsible for the planning of
that service or route or dedicated school service but will ensure that it
consults with the other party where that party is affected. [NOTE ISSUE
OF SHARED SERVICES]
8.
CONTACT PERSONS
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
The nominated contact persons for each Party are those stated at Item
4 in the Schedule.
9.
DISPUTE RESOLUTION
Unless the Parties agree otherwise, a dispute between the Parties in
connection with the NSPA must be dealt with in accordance with clause
24 of the Standard Terms and Conditions of the RRBSC.
10.
TERMINATION
1
10.1
Neither Party may terminate this NSPA without the written consent of
the Director-General.
2
10.2
In the event that consent to terminate is sought, the Party seeking that
consent must immediately notify the NSP of the request to the DirectorGeneral to terminate specifying the full particulars of the grounds for
seeking such termination.
11 CROSS INDEMNITY
3
Each Party hereby indemnifies the other Party in respect of:
11.1
pecuniary penalties imposed by the Director-General as a consequence of
that Party’s negligent act or breach of the RRBSC; and
11.2
all loss and damage, arising out of personal injury or property damage
caused or contributed to as a result of any act, omission, breach of
contract or negligence to the extent so caused or contributed to.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
12 INSURANCE
4
12.1
The Parties must have in effect those insurances as required
pursuant to their RRBSC.
12.2
The Parties shall do all things, and provide all documents, evidence
and information necessary to enable either Party to collect or recover
any monies due or to become due in respect of any relevant insurance
policy. The obligation pursuant to this clause 12.2 includes an
obligation to provide all necessary information and documentation to
the relevant insurers.
12.3
Each Party shall inform its insurers of this NSPA and disclose to their
respective insurers the access being given to the other Party to that
Party’s insured assets, premises and facilities.
5
13.
CONFIDENTIALITY
1
13.1
Subject to clause 13.2, a Party must not disclose unpublished
information or documents supplied to the other Party in connection with
this NSPA or any other documents that are specifically indicated to be
confidential and that are not in the public domain.
2
13.2
Clause 13.1 does not apply to disclosures required by the RRBSC.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
14.
ASSIGNMENT OF RRBSC
14.1
In the event that either Party assigns or subcontracts its rights or
obligations under its RRBSC, it must notify the other Party.
1
14.2
Such notification must include all relevant details of the assignment or
subcontract.
15.
ENTIRE AGREEMENT
1
This NSPA contains the entire agreement between the Parties with
respect to its subject matter and supersedes all prior agreements and
understandings between the Parties in connection with it.
16.
NO WAIVER
No failure to exercise, or any delay in exercising any right, power or
remedy by a Party operates as a waiver. A single or partial exercise of
any right, power or remedy does not preclude any other or further
exercise of that or any other right, power or remedy. A waiver is not
valid or binding on the Party granting that waiver unless made in
writing.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
17.
FURTHER ASSURANCES
Each Party agrees to execute all deeds, instruments, transfers or other
documents as may be necessary or desirable to give full effect to the
provisions of this NSPA.
18.
COSTS
18.1
Each Party will pay its own costs in relation to:
18.1.1 compliance with its obligations under this NSPA; and
18.1.2 negotiation, preparation and execution of this NSPA.
1.1
18.2
Each Party shall pay its own costs plus the other Party’s costs of
implementing any of its specific requirements which has a specific
benefit only to that Party arising out of this NSPA.
18.3
All stamp duty (including fines, penalties and interest) that may be
payable on or in connection with this NSPA and any instrument
executed under this NSPA will be borne equally by the Parties.
19.
GOVERNING LAW AND JURISDICTION
This NSPA is governed by the laws of New South Wales. Each Party
submits to the non-exclusive jurisdiction of courts exercising jurisdiction
there in connection with matters concerning this NSPA.
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
20.
COUNTERPARTS
This NSPA may be executed in any number of counterparts. All
counterparts together will be taken to constitute one instrument.
21.
ORDER OF PRECEDENCE
Should there be any inconsistency between this NSPA and any other
document, the following order of precedence shall apply:
1.
Rural and Regional Bus System Contract;
2.
Neighbouring Service Provider Agreement; and
3.
Any other document not listed in (1) or (2) above.
SCHEDULE
Item 1
Clause 1
Neighbouring Service Providers
#
#
Item 2
Clause 2(F)
Commencement Date
Item 3
Clause 5.1.2
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
Contract Service Area and Shared Routes
(Attach plan)
Item 4
Clause 8
Contact Persons
SIGNED SEALED AND DELIVERED by ##
)
in the presence of:
)
)
)
___________________________________
)
)
Signature of witness
______________________________
)
)
___________________________________
)
Name of witness - please print
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008
EXECUTED by ## in accordance with
)
section 127 of the Corporations Act 2001
)
)
)
___________________________________
)
______________________________
)
Signature of Secretary
)
Signature of Director
)
___________________________________
)
Name of Secretary - please print
______________________________
Name of Director - please print
EXECUTED by ## in accordance with
)
section 127 of the Corporations Act 2001
)
)
______________________________
)
)
Signature of Sole Director and
)
Secretary
)
)
______________________________
Name of Sole Director and Secretary please print
[NOTE: USE WHICHEVER EXECUTION CLAUSE IS REQUIRED]
Rural and Regional Bus Service Contracts –Explanatory Notes. July 2008