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Disability legislation is reserved to the UK Parliament. The timetable by which buses must be fully accessible is set out in the Public Service Vehicles Accessibility Regulations (PSVAR) 2000. All new buses have had to be fully accessible since 31 December 2000. All other single decker buses had to be fully accessible by 1 January 2016 at the latest, all double decker buses by 1 January 2017 at the latest and all coaches by 1 January 2020. Until then, fleet renewal and deployment is a discretionary operational matter for individual bus operators. The Scottish Government is committed to encouraging bus operators to meet these regulations within the timetable.

The timetable has been agreed with the transport industry and the Disabled Persons Transport Advisory Committee (the Department for Transport's statutory advisers on the transport needs of disabled people).

That said, the Accessible Travel Framework published on 21 September 2016, includes accessibility issues for bus which will be an important focus of work through the 10 year lifetime of the Framework.

The report is attached to SPICe - BIB number 58193

The report highlights every service schedule which resulted in a penalty for being below the benchmark. It must be underlined there is a tolerance level between the ceiling level and benchmarks before recorded fails actually result in a financial penalty.

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

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

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

In my statement on the delivery of rail projects in Scotland on 5 July 2016, and reiterated in my answer to the recent Topical Question S5T-00043 on 6 September 2016 found at,

I confirmed that Network Rail have advised the introduction of electric services on the Edinburgh-Falkirk High-Glasgow Queen Street line is now planned for July 2017.

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

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

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

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

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

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

Common Law Fraud -

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

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

Higher tariff penalties including imprisonment.

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

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

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

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

Railway Byelaws 2005 -

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

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

The total number of ScotRail stations is 354 of which 214 are unstaffed. 149 of the 214 unstaffed stations do not have a ticket vending machine. In total 185 of 354 ScotRail operated stations do not yet have ticket vending Machines.

There are also ticket vending machines at non-ScotRail locations such as Glasgow Central high level, Edinburgh Waverley, Edinburgh tourist information, Edinburgh Airport and Glasgow Airport.

Pre-meditated fraud in Scotland’s railways is defined by the Regulation of Railways Act 1889 (Section 5.3(a)), and Railway byelaws.