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| A page from the Big Red Book on the ENCTS passes. |
In this article, I will mention the use of disabled and older person's English National Concessionary Travel Scheme (ENCTS) passes for bus services in London.
The purpose is to raise awareness that the ENCTS passes, which are issued by the English local authorities throughout England, are valid for travel on London's red buses despite the Electronic Ticket Machine (ETM) not reading them. Instead, the guidances below states that the user can show the ENCTS pass to the driver in London.
Here are the texts from the Transport for London (TfL) website:
Freedom Pass
Using bus passes if you don't live in London
If you've got an English National Concessionary Scheme bus pass, issued by an English council outside of London, you can travel on our buses. Just show your pass to the driver.
TfL's Conditions of Carriage:
Ticket type
English National Concessionary Bus Pass
When and where it can be used
An English National Concessionary bus pass issued to older persons can be used at all times on London’s buses except for journeys that start between 0430 and 0900 Mondays to Fridays, excluding public holidays.
An English National Concessionary bus pass issued to disabled persons can be used at all times on any TfL bus service and on some special bus services. Check with the operator.
Not valid on tram or rail services.
Additional information
Holders of English National Concessionary Bus Pass Companion cards can only travel free in Greater London if their journey started outside Greater London
Can only be used by the person whose name and photograph appears on the Pass.
Big Red Book fifth edition - Guidance for London Bus drivers
Page 144
Other transport smartcards
If another operator’s smartcard or an English National Concessionary Travel Scheme (ENCTS) pass is touched on the card reader, the ticket machine will reject it and display ‘ITSO card, not accepted’. Ask to see the card. If it is an ENCTS pass, you should accept it if it is valid (see page 151).
Pages 151 and 152
Tickets and passes that customers show the driver
ENCTS pass
Older and disabled people across England can travel free anywhere on London’s bus network with the ENCTS pass. It looks similar to a Freedom Pass, but it does not currently work on Oyster readers, so holders must show it to you
Press the [other passes] button once to record each customer with this kind of pass.
Each pass includes:
• A red Tudor rose logo
• A red ribbon forming a St George’s cross
• A hologram
Please note:
• On TfL bus services, the ENCTS pass is valid at any time, just like the Freedom Pass
• Some TfL bus services that operate beyond Greater London to Buckinghamshire, Essex, Hertfordshire, Kent and Surrey may offer additional features, such as free travel for companions. Drivers on these routes should check their route information sheets for further details
• Companions do not get free travel for journeys that start and finish within Greater London
• Older and disabled people’s passes from outside London are not valid for free travel on trams, the Tube, Docklands Light Railway (DLR), London Overground and National Rail services
• Older and disabled people’s passes issued in Northern Ireland, Scotland and Wales have different logos and images and are not valid for free travel on London’s bus network
I published more information about the companion cards in my article last year (2023).
However, the fifth edition of the Big Red Book is still the definitive edition as TfL expects the sixth edition to be released by Spring 2025.
The use of ENCTS passes in London is mentioned in the legislation, The Concessionary Bus Travel Act 2007.
Here are the Explanatory Notes to the legislation about the usage of the ENCTS pass on London Buses.
National concession: journeys beginning on London bus network
Section 4: The national concession: journeys beginning on London bus network
23. Section 240 of the 1999 Act enables local authorities (inside London and out) to enter into arrangements under which travel concessions can be offered to certain categories of people and on certain modes of public transport (including the London bus network). If these voluntary arrangements do not fulfil certain criteria (including the provision of the concessions described at section 242(8) of the 1999 Act), then a ‘reserve free travel scheme’ will instead operate (see paragraph 24 below). This section alters section 240 of the 1999 Act to ensure that those resident outside London and holding permits issued by travel concession authorities under the 2000 Act can be recognised as a category of persons eligible under a concessionary scheme set up under arrangements made under that section. It also ensures that London authorities will issue passes only to those whose ‘sole or principal residence’ is in their area and that London authorities must have regard to any guidance on ‘sole or principal residence’ that is issued by the Secretary of State.
Section 5: Reserve free travel scheme and Section 6: Requirements as to scope
24. Section 241 of the 1999 Act provides that if, in the view of Transport for London, voluntary arrangements made between it and local authorities under section 240(1) of that Act do not provide certain minimum travel concessions to eligible London residents, then a ‘reserve free travel scheme’ will come into effect which ensures these concessions and others. The terms of the reserve free travel scheme are contained in Schedule 16 to the 1999 Act. Sections 5 and 6 add to the ‘minimum concessions’ (set out in section 242 of the 1999 Act) which must be secured under the section 240(1) arrangements, so that they include the national concession for all eligible England residents travelling on journeys which begin on the London bus network, whether or not they end on it.(5) The changes also ensure that eligible London residents continue to benefit from the enhanced concessions guaranteed under section 242(8) of the 1999 Act (as it was before it was amended by the Act).
Section 7: Requirements as to uniformity
25. This section amends section 243 of the 1999 Act to include permits issued by travel concession authorities under section 145A(4) of the 2000 Act (i.e. non-London permits) within the requirement in section 243 that enjoyment of the national concession on the London bus network is conditional on showing a permit. The section also confers a power for the Secretary of State to stipulate the form and period of validity of passes issued under section 240(1) arrangements.
5 That is, journeys on relevant local services not covered by the 2000 Act. Concessions on journeys which cross the boundary of Greater London going out of London (and so which, technically, begin on the London bus network but do not end on it) are catered for, as these journeys are funded by Transport for London as part of the London bus network, and so concessions on them will be funded by London authorities, rather than by the bordering local authorities. Prior to the Act, only those parts of London bus network services that are within Greater London were caught within the 1999 Act concessionary regime.
Making a complaint
If the bus driver refuses to accept the ENCTS pass, which denies your right to travel, you can make a complaint to TfL on their website.
Make sure you note the time, route number, location, registration (number plate) and/or fleet number. You can also make a subject access request with the bus operating company to obtain Closed Circuit Television (CCTV) footage of yourself.
If you are dissatisfied with your complaint, you can raise the issue with London TravelWatch. If you are still dissatisfied with your complaint, you can raise the issue with your local Member of Parliament, Councillor and London Assembly Member by using the Write To Them website.
(1) Regulations may make provision for regulating the conduct, when acting as such, of—
(a) persons licensed to act as drivers of public service vehicles, and
(b) inspectors and conductors of such vehicles; and
(c) drivers, inspectors and conductors of tramcars.
(2) Subject to section 68(1) of this Act, if a person to whom regulations having effect by virtue of this section apply contravenes, or fails to comply with, any of the provisions of the regulations, he shall be liable on summary conviction to a fine not exceeding level 2 on the standard scale and, in the case of an offence by a person acting as driver of a public service vehicle, the court by which he is convicted may, if it thinks fit, send notice of the particulars of the conviction to the Secretary of State requiring the Secretary of State to endorse them on the person's driving record (within the meaning of section 97A of the Road Traffic Offenders Act 1988).
(4) In this section and in section 25 of this Act “inspector”, in relation to a public service vehicle, means a person authorised to act as an inspector by the holder of the PSV operator’s licence under which the vehicle is being used.
(5) Notwithstanding section 1(1) of this Act, in this section and in sections 25 and 26 of this Act “public service vehicle” shall be construed as meaning a public service vehicle being used on a road for carrying passengers for hire or reward.
Update - 24th July 2024
A Freedom of Information request made to TfL about the use of Hertfordshire concessionary passes on London's buses before 9am on weekdays in Hertfordshire.
Request ID: FOI-1196-2425
Date published: 24 July 2024
Question:
Can you supply details of the arrangement whereby holders of Hertfordshire Council Senior Citizen concessionary bus passes are permitted to travel for free at all time on TfL bus services, whereas holders of London borough / TfL issued Senior Citizen concessionary bus passes have to wait until 0900 (Mon - Fri) to travel without charge on the same TfL bus services.
Answer:
It is not the case that holders of Hertfordshire Council Senior Citizen concessionary bus passes can travel on any TfL bus for free at all times. Rather, this depends on where exactly the journey is being made. If it is a journey which starts in Hertfordshire on one of TfL’s bus services, then the Hertfordshire County rules apply and free travel is available at any time. For journeys in the rest of England (including those in London) restrictions still apply. Note that it is down to the concessionary authority to decide which journeys are able to be made for free and which are not, but there is a minimum statutory scheme which applies across England which excludes the morning peak.
The Hertfordshire Council website provides more details about the use of its concessionary bus passes here:
https://www.hertfordshire.gov.uk/services/adult-social-services/transport-for-older-people-and-disabled-people/bus-passes-for-older-people.aspx
As you can see, this explains the following:
“When and when can I travel?
You can use your pass at any time within Hertfordshire for free bus travel.
Within the rest of England, you can use your pass to get on a bus for free between 9.30am and 11pm weekdays, all day during the weekend and bank holidays.
You can use your pass on most London buses but you can’t use it on National Express coaches, airport services, commuter coaches and tours and excursions.”
The time restrictions for other areas outside of Greater London where they are served by London Buses.
Travel Essex (Essex County Council)
Essex, Southend and Thurrock Authorities.
Companion Passes are valid in these areas.
Monday to Friday (excluding public holidays)
09:00 to 24:00
Weekends and public holiday
Anytime
Transport For London Buses.
(you cannot use your pass on the Underground, DLR or Trams.)
You will not be able to use your bus pass on weekdays between 04:30 and 08:59 You may use your pass to travel free at other times.
Monday to Friday (excluding public holidays)
09:00 to 04:29
Weekends and public holiday
Anytime
Kent County Council
Your free off-peak travel bus pass allows you to travel:
• between 9:30am and 11pm, Monday to Friday
• all day at weekends
• on public holidays
• on the Park and Ride bus in Canterbury (parking charges apply)
• across Kent, London and the rest of England.
To use your pass, simply tap it on the smart ticket machine when you get on the bus. If it isn't working, show your pass to the bus driver.
If you're travelling in London, you don't need to tap your pass. Instead, show your pass to the bus driver.
Slough Borough Council
England's national concessionary travel passes
The concessionary bus pass entitles holders to travel free of charge on off-peak local bus services anywhere in England. Off-peak hours are 9.30am until 11pm on weekdays and all day at weekends and bank holidays.
Surrey County Council
When can I use my pass?
In line with the statutory government guidance on concessionary travel as issued by the Department for Transport, the older persons and disabled persons concessionary bus pass entitles the holder to travel for free anywhere in England between 9.30am to 11pm Mondays to Fridays and at any time at weekends and public holidays.
In addition to the statutory minimum scheme requirements, a Surrey companion pass holder (identified by a +C on your pass) can also take a companion for free with them on journeys that start in Surrey at these times.
Bus tickets, passes and travel discounts
Bus operator offers for pre-9.30am travel for free bus pass holders
• Falcon - Disabled Pass Holders only can travel at child fare rate before 9.30am
• Safeguard - £1.50 single fare is offered before 9.30am
• Stagecoach - half price travel for a single journey that starts in Surrey before 9.30am
• White Bus - child fare is offered before 9.30am on all services
A quick note: these information may be subject to change, and you need to check the local authority's website for the latest information, as I won't be able to update my article every time.
Why do some councils allow their concession pass holders to have free travel all day during weekdays within their area?
According to the UK Department for Transport guidance, "Managing the English national concessionary travel scheme (ENCTS)"
Travel concession authorities (TCAs) are able to offer concessionary travel outside these hours on a discretionary basis.
Alternative concessionary arrangements
Discretionary concessions
Under section 93 of the Transport Act 1985, local authorities have powers to offer certain additional local concessions, such as:
• to under 16s
• free travel before 9:30am
• a 50% (or other) discount before 9:30am
• free travel for any person travelling as the companion of a disabled person
• free, or reduced-rate, travel on other modes of transport
These discretionary concessions will need to be provided and funded from local resources, such as council tax, based on a local authority’s judgement of local needs and its overall financial priorities.
Authorities can only give an ENCTS pass to people who meet the criteria set out in the legislation for the statutory minimum concession or those who meet the criteria for discretionary concessions as set out in section 93 of the Transport Act 1985. They can offer local benefits to people who do not qualify for an ENCTS pass but these local benefits should be offered through a pass that uses a design that is clearly different from the ENCTS pass.
DfT recommends that local authorities should:
• seek their own legal advice when creating, withdrawing or amending such policies
• be mindful of the impact that any changes to the concessions on offer may have on their residents and other stakeholders and keep them appropriately informed during the process
Authorities should also ensure that they comply with their own disability equality schemes.
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Further reading
Fact Check: Wheelchair Users ♿ Get Free Travel And Priority On London Buses