BUS APPEALS BODY

Terms

1. The Confederation of Passenger Transport (CPT) Code of Best Practice on Customer Suggestions and Complaints will be expanded to include reference to an appeals body
   
   
2. The Bus Appeals Body (BAB) will consider complaints arising from the operation of local bus and scheduled coach services [not policy or commercial matters on routes, times, level of service or pricing]. It will not deal with matters within the purview of the London Transport Users Committee.
   
   
3. The BAB will deal with complaints arising from individuals' use or attempted use of such services [not "group actions"].
   
   
4. The BAB will only act where the user has first addressed their complaint to the operator concerned, at the appropriate level [this is equivalent to the notion of the "premature complaint" to the local government ombudsman].
   
   
5. The BAB will not normally consider appeals raised more than three months after the date of the original incident except in exceptional circumstances.
   
   
6. The Bus Appeals Body is unable to accept appeals which relate to matters which are, or are likely to become, the subject of a criminal investigation by the Police or any other official agency (e.g. OFT). Nor can we consider claims for compensation, particularly in respect of personal injury, as the Body does not possess the expertise to assess such claims.
   
   
7. Bus Users UK will act as a first point of contact for users, progressing, with the Body, complaints which it judges to be within these terms of reference.
   
   
8. The BAB will invite the operator to comment in writing on the facts of the complaint, explaining that the operator still has the opportunity to reach an amicable settlement with the user.
   
   
9. The BAB will consider the facts of the case and the extent to which the Code of Best Practice on Customer Suggestions and Complaints has been followed.
   
   
10. The BAB will give a written opinion on whether the complaint is justified.
    
    
11. The BAB will suggest an appropriate form of redress (if any), considering any offer already made by the operator.
    
    
12. The BAB's individual findings will be available to the public. The relevant Traffic Commissioner will be notified if an operator fails to act on its recommendations.
    
    
13. The BAB's findings will not be binding on operators, but failure to abide by the Code of Practice on Customer Suggestions and Complaints and/or the findings of the Body may be taken into account by the relevant Traffic Commissioner when determining whether the operator is of good repute for the purposes of section 17(1) of the Public Passenger Vehicles Act 1981.
    
    
14. The operator may agree a settlement with the user at any point in the procedure; the BAB will cease to deal with a complaint on notification by either party that an agreed settlement has been reached.
    
    
15. The Confederation of Passenger Transport (UK) will continue to provide meeting facilities and secretarial support for the Body.
    
    
16. The Bus Appeals Body reserves the right not to accept appeals received if it deems appropriate within its Terms of Reference to do so.

1. Operators should nominate a senior manager to oversee the complaints handling procedure. The nominee need not necessarily be involved on a day-to-day basis with the answering of complaints, but will be responsible for devising a procedure to ensure that the requirements of this Code are followed by, for example, supervising a system whereby the receipt and progress of all complaints are logged.
   
   
2. All complaints, whether made in writing, in person or by telephone should be investigated and dealt with by the operator or passed to the relevant authority.
   
   
3. Following receipt of a complaint, a response should be sent within one week. If this is not possible, an acknowledgement should be sent within one week and a response or further follow-up within three weeks.
   
   
4. If the complaint topic is outside the operator's responsibility, the response should include the name and address of the relevant body and, if appropriate, confirmation that the complaint has been passed on.
   
   
5. The operator's conditions of carriage and company regulations should be available to passengers on request.
   
   
6. Passengers who are dissatisfied with an operator's handling of a complaint in relation to any aspect of the operation of a local bus or scheduled coach service may raise the matter with the Bus Appeals Body (BAB), a non-statutory body with bus operator and consumer representatives. The BAB will advise all parties whether a complaint is justified and will recommend appropriate redress to the operator. The BAB can be contacted through Bus Users UK PO Box 2950, Stoke-on-Trent, ST4 9EW.
   
   
7. Operators should ensure that where possible all relevant vehicles carry an internal notice giving the name of the designated official in the operator's organisation and the address to which complaints should be sent, together with contact details for the Bus Appeals Body. Information should also be provided, in the form of a leaflet, about other bodies, such as local authorities, Traffic Commissioners and Bus User Groups to whom complaints may be addressed in certain circumstances. The relevant contact points on notices and leaflets should be agreed locally. Notices should be posted in a conspicuous position (on both decks of a double deck bus, where practicable).
   
   
8. Operators should ensure that timetables, and wherever possible other promotional materials, carry the same information as the notice displayed in the vehicle.