Brussels, 03/06/2010 (Agence Europe) - On Tuesday 1 June, the European Parliament transport committee approved at second reading two reports on the rights of bus, coach and boat passengers. Provisions therein are necessary for completing existing European legislation on passengers' rights. The report by Antonio Cancian (EPP, Italy) on the rights of bus and coach passengers was adopted unanimously (36 votes in favour), but that by Ines Alaya Sender (S&D, Spain) was more controversial (the report was adopted by 24 votes for, one vote against and 17 abstentions). Negotiations will continue with Council with a view to reaching an agreement before the plenary vote on the two reports, on 6 or 7 July.
MEPs request that maritime transport companies should have to reimburse the ticket price or provide re-routing to passengers whose journey is delayed at departure for over 90 minutes. In the event of delays of over one hour, boat passengers (as well as those travelling by bus and coach) would be entitled to a meal and refreshments free of charge, as well as regular updates on how the situation is evolving. Operators would be exempt from these obligations if they can prove that delays have been caused by weather conditions or exceptional circumstances out of their control (very high tides, strong winds, tempests at sea, hurricanes, fire or the formation of ice, as well as embargoes, strikes, wars, armed conflict and insurgency). Passengers would be able to choose to receive the reimbursement in the form of flexible travel vouchers. Passengers who are obliged to stay overnight at their port of departure would be entitled to reimbursement of their hotel fee, up to a limit of €120 per night. For maritime and inland waterway travel, MEPs voted to include all boats covering distances of over 500 metres, carrying over 12 passengers and operated by at least 3 crew members (while the Council, as well as the EPP Group, provided for exemptions for boats carrying at least 36 passengers). (EUROPE 9995). Boats used for excursions and tourism other than cruises will not be concerned by the regulation. The text also calls for free assistance to be given to disabled people in ports, on condition that the carrier or the port operator is notified when the reservation is made or at least 48 hours before boarding.
According to the MEPS, passengers travelling by bus or coach should be entitled to alternative transportation or total refund of their ticket if the delay at departure were to exceed two hours. They would also be entitled to an extra compensation of 50% of the ticket price if no alternative transport is offered. For delays in arrival of over two hours, if caused by the driver's negligence or a technical fault of the vehicle, passengers would have the right to compensation amounting to half the ticket price, on top of the full reimbursement of their ticket. Bus and coach passengers whose journey is delayed for more than an hour would be entitled to snacks, meals, refreshments and regular updates from the transport company on the situation. The draft report voted also introduces minimum standard rules on the civil liability of bus and coach companies. If a passenger were injured or died as the result of a bus or coach accident, the transport company would be obliged to pay, within 15 days, an advance on the compensation in proportion to the harm suffered. Injured passengers would be immediately entitled to first aid assistance, accommodation, food, clothes, transport, and, in the event of death, funeral expenses. MEPs insisted that legal provisions on the carrier's liability should be brought into line with those set out in the European legislation on the circulation of motor traffic, which provides for a ceiling of €5 million per accident. They also included in the text the obligation of proof of liability: - if the causes of the accident cannot be clearly imputed to the transport operator, the company will not be under an obligation to pay an advance. As in maritime transport, the advance payment or assistance after the accident would not constitute recognition of responsibility. MEPs also give member states the right to exclude urban and suburban bus and coach services form the scope of the regulation, on condition that these ensure a comparable level of passengers' rights. However, they stressed that regional services should be included in the regulation, unless they are already included in urban and suburban services offering a high standard of passengers' rights. MEPs voted to ensure that a passenger's disability may not be used by operators as a reason for denying him or her the right to board. This is valid for boat, bus and coach travel (unless security conditions are an obstacle to this). Bus and coach companies should ensure that their personnel are adequately trained with a view to providing assistance to persons with reduced mobility. If the company is unable to provide such assistance, the passenger with the disability would be entitled to ask to be accompanied, free of charge, by a person capable of providing the assistance required. (A.By./transl.jl)