§ Mr. Don FosterTo ask the Secretary of State for Transport, Local Government and the Regions if he will make a statement on the(a) voluntary agreements and (b) legislation in place regarding passenger rights relating to (i) delays, (ii) cancellations and (iii) overbooking for (A) air passengers, (B) rail passengers, (C) ferry passengers and (D) coach passengers; what changes have taken place since 1997; and what further changes are planned. [40956]
§ Mr. JamiesonIn respect of air passengers, European Voluntary Commitments on air passenger rights came into effect on 14 February 2002. The commitments include notifying passengers of known delays, cancellations and diversions, assisting passengers facing delays and reducing the number of passengers involuntarily denied boarding.906W All major full service UK airlines and most airports have signed up to the Commitments. European Council Regulation 295–91 provides a certain level of protection for passengers denied boarding due to overbooking, establishing common rules for a compensation system in scheduled air transport.
The European Commission has recently published a proposal to update the Regulation and to extend it to cover cancellation and delay. In addition, the 1929 Warsaw Convention on air carrier liability, which has been ratified by the UK, provides rights to passengers suffering damage caused by delay. Air passengers travelling as part of an inclusive tour are also covered by a European Council Directive on Package Travel (Directive 90–314) which was implemented in the UK by SI 1992–3288. This Directive provides certain rights relating to delays and cancellation.
The rights of rail passengers to compensation for delays and cancellations are covered through the National Rail Conditions of Carriage (NRCoC), which set the minimum standards, and through individual train operator charters which often provide more generous entitlements. Since 1997 the standard of compensation provided by many train operators has improved through franchise agreements. For the future, the Strategic Rail Authority (SRA) is working with the Rail Passenger Council (RPC) and the Association of Train Operating Companies (ATOC) to review Passenger Charter compensation arrangements. They are looking to develop recommendations for an improved comprehensive system of compensation for poor punctuality and reliability that can be applied across the network. The first step in this process is to carry out research among passengers. This is currently being commissioned and should commence shortly.
All ferry passengers have rights under the Supply of Goods and Services Act 1982. This requires a trader to carry out a service with reasonable care and skill and, where it is not specified, within a reasonable time. If the trader fails to comply with these requirements the law treats the matter as a breach of contract and a consumer could, if necessary, pursue a claim for redress through the civil courts. No changes in the statutory rights legislation have been taken since 1997 nor are any planned.
In respect of coach passengers, scheduled operators do not operate a policy of overbooking. Passengers' rights in the event of delays and cancellations are covered by the conditions of carriage of the operator concerned. These conditions are governed by fair trading legislation, and have generally not changed significantly since 1997.