· BUS SERVICES BYELAWS ·

I. HEADING ONE

GENERAL STIPULATIONS

Article 1º. The Local Public Transport Bus Services provided within the boundaries of Elche city council shall be governed by the stipulations included in these Byelaws, in addition to any other applicable norms.

Article 2º. The purpose of these Byelaws is to regulate the supply of Services, the relationships between users and the Concession holder, as well as their rights and obligations.

Article 3º. The Service shall be classed as a Local Public Service, and therefore, it shall be available to use by any individuals that may wish to do so, provided that they abide by the limitations and obligations stated in the User Terms and Conditions included herein, and any other applicable legislation.

II. HEADING TWO

SERVICE ORGANISATION

Chapter 1. ROUTING

Article 4º. Following the relevant technical and financial research studies, the bus Network shall, at all times, meet the demands of users by employing all technical and financial resources available to them, pursuant to the criteria established by the Local Council.

Any modifications undertaken shall be circulated as widely as possible with the required prior notice following approval, in order to ensure general knowledge using, at least, the following methods:

.- Transport service website (auesa.es)

.- Inside the buses.

.- On bus stops and bus shelters.

.- On all S.A.E.(Operation Assistance System) notice boards.

.- In all information leaflets and, in case the modifications were significant, by launching a radio and press advertising campaign.

Article  5º. Suggestions made by users regarding changes to the Network structure shall be forwarded to Elche City Council, including a preliminary report by the Local Transport Concession holder, who shall, where applicable, adopt a definitive resolution.

Article  6º. All bus stops shall include sufficient passenger information, including a diagram of all bus routes stopping at that point, first and last bus times and approximate frequency between stops.

Chapter 2:  STOPS

Article 7º. The number and location of bus stops shall be fixed by the Local Council and informed to Concession holder by prior notice, and may be modified as and when deemed convenient for the public interest. Bus stops are classed as end of route, compulsory stops and request stops.

Article 8º. Bus stops shall be classed as end of route stops when they are located at the start and/or the end of the route. They shall be compulsory and shall be used to regulate the bus timetable.

Article 9º. Any stops that are not located at the end of the route but that are used to regulate the bus timetable shall be classed as regulatory stops. Although buses are required to stop at these, passengers shall not be requested to abandon the vehicle. Such circumstance shall be included with the rest of information available at the stop.

Article 10º. All stops where the vehicle shall only stop when a passenger has requested to leave from the vehicle by pressing the stop button, or when the driver observes that any of the passengers waiting at the relevant stop have requested to board the vehicle, provided that the bus capacity is sufficient, shall be classed as request stops.

Article 11º. Any alteration to the location of a bus stop must be notified to users as established in article 4.

Article 12º. It is strictly forbidden to park buses outside their designated stops, except in case of force majeure.

Article 13º. Concession holder shall install all required elements to advise users regarding the following bus arrival time -Operation Assistance System (SAE)-  within the bus stop signage on as many bus stops as deemed possible, taking into account the number of passengers expected to make use of each bus stop, as well as the installation or development of any other method to inform users regarding the following bus arrival time at their stop.

Chapter 3:  FARES

Article 14º. Fares established for this Service shall be those approved by the relevant Authorities. Any modifications shall be made according to the current legislation at any given time.

Article 15º. Following the approval of any fare modification pursuant to law, these shall be notified to users as established in article 4.

Article 16º. No fares other than those officially authorised for the Concession holder shall be valid, and all passengers are required to pay the corresponding amount, except in those cases expressly stated in these Byelaws or any other regulation that may be approved..

Chapter 4:  SINGLE AND MULTIPLE JOURNEY FARES AND TRAVEL CARDS

Article 17º. There shall be different types of fares such as single, multiple journey fares and travel cards that shall entitle holders to use Elche's Local Public Transport Bus Service. Their denominations and features shall be those determined and approved by the Local Council for that purpose. These are currently as follows:

• Ordinary fare

• Special service fare

• Ordinary travel card (10 journeys)

https://auesa.com/bonobus_auesa.jpg

• School travel card (10 journeys)

• Youth travel card (10 journeys)

• Large family travel card (10 journeys)

• Monthly travel card

• Gold travel card (Local Byelaw on Bus Access for Old Age Pensioners)

Article 18º. Only the following users shall be entitled to use each of the following fare types:

· Ordinary travel card (10 journeys)

  Any passenger who has purchased and kept their fare in good condition.

· School travel card (10 journeys)

  Passengers under 16 years old.

· Youth travel card (10 journeys)

  Student card (or similar) holders between 16 and 26 years old.

· Large family travel card (10 journeys)

  Valid Large family card holders.

· Monthly travel card

  Any passenger who has purchased and kept their fare in good condition.

· Gold travel card (Local Byelaw on Bus Access for Old Age Pensioners)

  Passengers who comply with the requirements set out in the Local Byelaw on Bus Access for Old Age Pensioners

  by Elche City Council.

Article 19º. Single Journey Fares, Travel Cards and Monthly Travel Cards may be used freely by any type of individual. However, the School, Youth, Large Family and Gold Travel Cards may only be used by authorised individuals who may be able to demonstrate their entitlement pursuant to article 18.

Article 20º. Passengers must ensure that their fares are used and validated correctly. Incorrect or fraudulent use may result in the withdrawal of fares by one of the Concession holder's staff.

Article 21º. All types of travel cards shall be supplied by the Concession holder in a contactless format.  Travel cards shall be supplied upon payment of a deposit which shall be refunded upon returning the card, and shall entitle the holder to a replacement in case of damage, unless caused by misuse or tampering.
Gold cards shall be supplied pursuant to the Local Byelaw stipulations.

Article 22º. All passengers must be in possession of a valid fare which must be retained until the end of their journey, except children under 4 years old.

a) Passengers may purchase their fare onboard the bus by paying, where possible, with exact change, although Concession holder staff may be able to provide change for up to €10.

b) Passengers may top up their travel cards onboard the bus by paying, where possible, with exact change or otherwise, the closest legal tender banknotes to the cost of their top up.

Article 23º. Passengers in possession of damaged travel cards shall be entitled to a free replacement, unless when caused by misuse or tampering, in which case they shall be required to pay a new deposit to obtain a replacement card.

Article 24º. Any passengers who fail to produce a valid fare when requested to do so by authorised staff shall be liable to pay a fine equivalent to twenty times the cost of a single journey fare, in addition to any administrative fines that may apply.

Chapter 5:  REGARDING INSURANCE

Article 25º. Concession holder staff shall be liable for any compensation that may apply in case of accident, which shall be covered by the relevant insurance policy. In order to claim compensation for the above reasons, passengers shall be required to produce the corresponding fare, including a certificate stating the injuries suffered.

Chapter 6:  SERVICES AND TIMETABLES

Article 26º. The Local Public Transport Bus Services shall be provided in a permanent manner, during working days and bank holidays without interruption, during the times established by the Local Council at any given time, starting on or before 7.15 am and ending no earlier than 10.15pm. Under no circumstances shall Concession holder staff be allowed to interrupt the provision of their services, except in case of force majeure.

Article 27º. Elche City Council shall establish a number of adequate return journeys or circular routes and itineraries in order to simplify the traffic between all local areas. Route itineraries may be modified based on the public interest, in order to improve traffic conditions, or following changes on the direction of one way roads, time restrictions to traffic in any public roads included in the routes, or the creation of new boroughs or urban developments that may require the extension or modification of the Local Public Transport Bus Services. Likewise, itineraries may also be temporarily altered by a route reduction or diversion due to building works or special events.

Article 28º. All information panels corresponding to the above bus routes shall display a table showing the full timetable and frequencies for all routes.

Article 29º. Any permanent timetable alterations that may be established by the Concession holder shall be previously approved by Elche City Council and informed to all users. Any alterations of routes and timetables resulting from unforeseeable circumstances shall be informed to users as well as the relevant Local Council Technical Department.

Article 30º. In the event of any Service disruptions on any route, these shall be corrected as soon as possible.

Article 31º. In the event of any Service disruptions caused by vehicle issues, passengers shall be requested to board the next available vehicle with the same fare.

Article 32º. Vehicle regulations shall under no circumstances result in buses remaining parked on specially designated bus stops for a period over five minutes.

Article 33º. Concession holder staff shall not introduce any alterations to the terms and conditions, personal resources, new or additional materials affected to the service without prior knowledge and consent by the City Council.

Article 34º. All vehicles shall be driven by a conductor/ driver who shall represent the Concession holder staff during the journey, including responsibility to enforce passenger compliance with service regulations.

Article 35º. During their service period, vehicle drivers shall complete a route sheet according to the established procedure. This declaratory sheet shall include the vehicle details, such as number plate and route, journey number, start and end time, amount of manually issued fares and monies collected. After collection by the Concession holder staff, the above sheets shall be forwarded to the Local Council for inspection and control. Drivers shall complete a further form or accident book in the event of any vehicle failure or accident.

Article 36º. Services that are not classed as regular may be either special or extraordinary.

Special services are those supplied independently from regular services in case of special events, festivities, fairgrounds, crowd congestion during certain events, etc.   These services shall be considered public and may be used by any individuals who may wish to do so, provided that they abide by the regulations' terms and conditions.

In order to supply the above mentioned Special Services, Concession holder staff may, when required by the circumstances, use vehicles serving other low demand routes, provided that their users are not neglected.

Extraordinary services are those that may be established in certain occasions or in a regular manner to serve specific bodies, companies or designated sectors. In these cases, only those individuals designated by the entities requesting such services shall be entitled to use them, by prior authorisation from the City Council, and in consideration of the general public interest (i.e., school trips to the MAHE-Archaeological and History Museum of Elche).

Article 37º. All fares to be charged for Special or Extraordinary Services shall be approved by the Local Council and their cost shall be fixed per journey. Users shall be informed regarding the start and end of the above services in the terms established in article 4.

Article 38º. All Special Service routes, stops and frequencies shall be determined by the Local Council.

Article 39º. When providing the Service, vehicles must be in due hygienic conditions, clean and technically fit for purpose, with their corresponding valid MOT certifications.

Article 40º. Vehicles must be fully and carefully cleaned, both inside and out.

Article 41º. Vehicles shall be in standard technical fitness for their correct operation and strict attention shall be paid to those parts that may affect the safety of passengers and/or pedestrians.

Article 42º. Vehicles must display the following notice in a clear, visible place:

a) Inside: A summary of these Byelaws including all aspects affecting passengers and Concession holder staff.

b) Outside: Vehicle's reference number and the route it is currently serving should be visible from the outside.

Article 43º. Vehicle seats shall be freely used by all passengers without preference, except where expressly indicated otherwise in the case of preferential or especially reserved seats for the disabled, elderly, pregnant women, etc..

Article 44º. Passengers may not demand at any time to travel seated. Empty seats shall be occupied on a first come first serve basis.

Article 45º. Passenger seat reservations are not allowed. These shall be occupied as established in article 43.

Article 46º. Vehicles must have windows or similar, that must be permanently closed, except in the event of air conditioning system failure.

V. HEADING FIVE

FIXED INSTALLATIONS

Article 47º. Signposts for bus stops and bus shelters shall be installed and maintained by the Urban Equipment Concession holder staff, which must be kept in good working conditions. Elche City Council shall designate the locations where the above mentioned material may be installed.

Article 48º. Bus stop signposts must be clearly visible and contain all the indications set out in these Byelaws, in addition to the route number that they are serving.

VI. HEADING SIX

SERVICE STAFF

a) General Rules

Article 49º. All Concession holder staff in direct or indirect contact with the public shall wear the uniform established by the applicable norms set out by the Concession holder staff, with prior consent by Elche City Council. For the above purposes, direct or indirect contact with the public shall be defined as any staff that carry out their duties either permanently or occasionally on either vehicles or public roads.

Article 50º. All staff referred to in the above article must observe due respect when dealing with the general public at all timese.

Article 51º. All Concession holder staff must undertake their duties with the best manners and utmost respect.

Article 52º. Relationships between staff must, at all times, be conducted in accordance with their rank ,while maintaining discipline and mutual respect. Discussions between staff during service are expressly forbidden.

Article 53º. In the event of any discrepancies between Concession holder staff members, these shall be resolved by the staff member with the highest professional rank. However, this does not affect any actions or liabilities that may subsequently arise.

Article 54º. In the event of any disagreement between staff and passengers arising in regards to the provision of Services, users are requested to follow staff's instructions and, should they deem it necessary, to proceed and report the situation pursuant to the stipulations included herein.

Article 55º. When applicable, staff shall only be reprimanded or cautioned in relation to any issues occurring during service at the end of their shift. In the event that an immediate reprimand was required, it shall be made with utmost discretion in order to avoid alarming passengers. In case of extremely serious faults, the concerned staff member shall be immediately discharged from their duties as soon as possible regardless of their rank.

Article 56º. During Service, Inspectors and Drivers shall be responsible to enforce compliance with all current norms and regulations, reporting any offenders to any law enforcement agents.

b) Inspection staff

Article 57º. In order to maintain control over the Services, Concession holder staff shall retain route and collection sheets monthly and submit them to any checks that may be considered relevant by the contractors, while remaining available to the Local Council at all times.

Article 58º. Concession holder staff shall provide the Local Council with any information and details requested by them in regards to their personal, material, financial and operational resources, etc., in order that they shall have a full up to date overview of the service and to simplify the adoption of any measures that they may deem relevant.

Article 59º. On a monthly basis, Concession holder staff shall provide the Local Council with a clear magnetic media file displaying information regarding all passengers who have used the different bus routes.

Article 60º. Elche Local Council shall employ Local Service Inspectors who shall be granted free access to all contractor's facilities and premises, and be provided with any details requested by them in relation to the service operations and access to all statistical data.

Should the above Local Service Inspectors deem it relevant, they may carry out unexpected visits to the contractor without prior notice by plainly dressed, unidentified staff.

Article 61º. Concession holder staff shall be responsible to carry out checks to ensure that all passengers have a valid, duly validated fare or card. For the above purposes, they shall establish the relevant inspection, surveillance and reporting system in order to demand accountability and they assume vicarious liability in the event of absence of any control and discipline measures that may be required.

Article 62º. Concession holder inspection staff shall, at all times, represent the highest authority while onboard the vehicle, and any service related decisions made shall be obeyed by all passengers as well as any other Concession holder staff members regardless of any subsequent complaints that may arise.

Article 63º. Inspectors shall ensure that both Concessionary holder staff working in the Motion sector (vehicle drivers) as well as passengers in general, comply with current regulations, in particular, concerning the stipulations included herein.

Article 64º. Inspections shall be carried out ensuring minimal disruption to passengers while maintaining the highest possible efficiency standards.

Article 65º. Inspection staff are responsible to adopt any measures that may be required and, in particular, with regards to bus frequency in the event of force majeure (absence, sickness, accident, etc.), in case any of the designated vehicles was unavailable, by splitting the frequency times among the rest of available vehicles and reporting any anomalies detected, irrespective of the incorporation of any required reserve vehicles.

In any case, they shall be responsible to include all situations that they may or should be aware of in the relevant report, as well as the adoption of the corresponding measures indicated for each event.

Article 66º. Concession holder's management shall produce a set of instructions to be followed by inspectors while undertaking their duties.

c) Drivers- Conductors

Article 67º. During their duties, they shall behave pursuant to the current regulations, particularly in regards of the Transport Regulations, Highway Code and these Byelaws.

Article 68º. Drivers shall avoid taking part in any type of discussion or argument. Any contact with passengers shall be strictly forbidden, except when required to protect their own or the vehicle's safety.

Article 69º. They shall behave as established herein, following the Management's instructions as well as any orders received from their superiors who may, where applicable, report their behaviour if deemed necessary.

Article 70º. Any staff member, from either the motion or workshop department, who may be travelling in the vehicle as part of their duties, shall do so under the authority of either the driver's, inspection staff or higher rank inspectors, where applicable, and abide by any decisions made by them, regardless of any complaint that may subsequently arise.

Article 71º. Duties:

1. They may prevent access to vehicles to:

a)  individuals who are clearly under the effects of alcohol or drugs and, in general, any other condition that may result in harm or disruption to other passengers.

b) individuals carrying animals, except in the case of guide dogs or when compliant with Art. 18.2 of the Local Regulations on Pets and Potentially Dangerous Animals In either case, the stipulations established in article d) below shall apply.

c) Individuals carrying explosive or dangerous substances.

d) Individuals carrying burdens that may not fit on their laps, or that may result in disruption to other passengers, or hamper the free passage of users and, in general, those that due to their size, type, amount or foul smell may result harmful or disruptive to other passengers and/ or the vehicle and/ or compromise their safety.

e) additional passengers where the vehicle maximum occupancy has already been exceeded.

f) users who may not be able to pay the fare or validate their card due to any circumstances.

2. Any passengers who ignore their instructions or may offend other passengers or behave disorderly as a result of their lack of manners, statements, gestures or attitudes, may be requested to leave the vehicle with the aid, if required, of local police officers.

Article 72º. Prohibitions:

1. Taking part in any kind of discussion or argument.

2. Neglectful driving and, in general, any actions or omissions that may distract their attention while driving.

3. Driving while using headphones or similar connected to devices that may receive or play sounds.

4. Abandoning the vehicle during their duties except in the case of force majeure, and for the shortest possible period.

5. Starting the vehicle before all doors are fully closed or opening doors before the vehicle has stopped completely.

6. Exceeding the maximum number of passengers allowed for the bus, pursuant to the indications included in the plaque installed inside each vehicle.

Article 74º. Any infringements of the obligations established herein by drivers or any other Concession holder staff shall be deemed as minor or moderate misconduct, while any infringement of the prohibitions established herein shall be deemed as serious or severe misconduct. All types of infringements above shall be disciplined in conformity with the stipulations included herein and/or clause 21 of the Technical Specifications Sheet governing Elche's Local Public Transport Bus Service.

VIII. HEADING EIGHT

FREE OR DISCOUNTED VEHICLE JOURNEYS

Article 87º. Only those individuals who are legally entitled pursuant to current legislation or legally accepted agreements shall be entitled to travel free of charge.

Article 88º. Concession holder staff in possession of the relevant card shall be entitled to travel free of charge when validating their card inside the vehicle, pursuant to the terms and conditions contained in the collective agreement.

Article 89º. Children under four years old shall be entitled to travel free of charge when accompanied by another passenger in possession of a valid fare.

Article 90º. The above mentioned individuals may be deprived of their entitlement to travel free of charge ,either permanently or temporarily, pursuant to law, in the event of misuse.

Article 91º. In the event of falsified travel cards or genuine discounted travel cards being used by any person other than the designated holder, these shall be withdrawn by the drivers or inspectors.

IX. HEADING NINE

a) Accidents.

Article 92º. In case of accident, the Service Inspector shall be immediately informed in order to provide the relevant instructions, in addition to the following general norms that shall be observed:

1. Accidents that do not result in personal injury:

• In the event of an accident, drivers must confirm that no personal injuries have occurred (including both the bus and other involved vehicle's passengers). An accident report shall be completed after obtaining the details of any other vehicles involved and providing their own. Any written description of the accident shall be signed by at least two eye witnesses where possible.

• In the event of no personal injuries, every effort should be made to diligently complete all the paperwork in order to resume the journey as soon as possible, while maintaining the Service Inspector duly informed.

2. Accidents resulting in minor injuries.

• Service Inspectors shall be duly informed in order to take any required measures to move all injured passengers to the closest health centre prior to returning to the accident location.

• An accident report shall be completed as explained above, which shall also include as many personal details as possible from the injured passengers. Any written description of the accident shall be signed by at least two eye witnesses where possible.

• In case of complaints from any of the passengers, they shall be informed that they may raise the corresponding claim as required.

• The affected vehicle shall resume its journey as soon as possible while maintaining the control centre advised at all times.

3. Accidents resulting in severe or fatal injuries.

In the event of any severe or fatal injuries cause during the incident, drivers shall take the following steps:

• Inform A&E on the emergency number 112 followed by the Service Inspector, who shall travel to the accident location in order to assist the driver with the required paperwork.

· Prevent injured passengers from being moved by any fellow users until emergency services have arrived.

In case of accidents taking place inside the bus, and in the event that a passenger was harmed, the previous steps described above shall also apply based on the severity of the situation. In either case, a mandatory report shall be completed including, where possible, the signature of at least two eye witnesses.

Article 93º. In the event of vehicle damages caused by passengers, such as broken glass panes, etc., the relevant report must be completed including a description of the event, as well as details of the perpetrator/(s and two eye witnesses. In case of incidents involving any passengers, and based on the severity of the situation, drivers shall proceed to inform the Service Inspector regarding the event in order to report it the relevant authorities, who shall be called to the scene. Should the incident require filing a police report, these shall be delayed until the end of the shift or, if at all possible, the driver involved shall be replaced in order that they are able to carry out any required paperwork as soon as possible while accompanied by the Service Inspector who shall act on behalf of the Concession holder.

b). Lost Property.

Article 94º. Any lost or misplaced objects found on buses which are not collected by their owners after 72 hours, shall be handed over to the police by the Concession holder or their staff.

X. HEADING TEN

COMPLAINTS AND STATEMENTS

Article 95º. Any individual who may wish to file a complaint concerning any issues, may do so at either the Concession holder's information points or at Elche Town Hall.

Article 96º. Once the complaint has been processed, Concession holder shall inform the relevant individual regarding the resolutions adopted attaching a copy of their complaint within a period of 15 days.

Article 97º. All buses must display a clearly visible notice stating the existence of complaints sheets available to users, both on board the vehicles as well as at the Concession holder offices. This notice shall include a telephone number and website address where users can go to in order to raise their complaints concerning any deficiencies in the services provided.

XI. HEADING ELEVEN

OFFENCES AND PENALTIES

Article 98º. Any infringement of current general norms shall be penalised in accordance with its severity, which may include reporting to the relevant staff and public authorities.

Article 99º. Offences against the Local Byelaws, these Bus Services Byelaws or any other local regulations shall be reported to and penalised by the Local Council.

Article 100º. Failure to comply with any of the stipulations included herein shall be equally penalised by the Local Council, who shall consider each case based on its merits and its severity, regardless of any additional criminal liability that may apply.

Article 101º. Offenders involved in any of the above mentioned cases may be requested to leave the vehicle immediately and to produce any form of ID available, which shall also be noted.

They may also be handed over to Law enforcement agents when required, according to the severity of their offences.

XII. HEADING TWELVE

FINAL STIPULATIONS

ONE. Concession holder management shall ensure that these Byelaws are duly circulated to all staff, who shall be provided with a copy, as well as to passengers, by providing copies that shall be made available at the Information Centres, as well as by displaying a summary inside the vehicles.

TWO. Elche City Council shall request Concession holder to create a file in which to clearly establish staff responsibilities in the event of mistreatment or incorrectness when dealing with passengers, or any other action of omission that may result in disciplinary action.

THREE. Every other year, Concession holder shall carry out an advertising campaign to raise awareness in regards to the services provided and the advantages, both to the general public as well as to individuals, of using local bus transport.

Any campaigns shall be previously presented to the Local Council for approval.

FOUR. Elche City Council shall ensure that all bus stops are clearly marked with vertical signposts featuring the approved signage, as well as on the road by means of yellow zigzag markings.

Elche City Council undertakes to use all their available means to ensure that bus stops become free as soon as possible in the event of unauthorised parking.

FIVE. These Byelaws shall come into force immediately after approval by the relevant Elche City Council plenary session.

© Autobuses Urbanos de Elche S.L. - 2.020

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