The 2008 New Zealand public transport management act: Rationale, key provisions, and parallels with the United Kingdom

In January 2009, following a lengthy industry review and consultation process, the New Zealand Public Transport Management Act (PTMA) came into force. The Act allows Regional Transport Authorities, as the primary procurers of public transport services, to place either a control or a contracting requirement upon services that are registered as commercial requiring no subsidy. The imposition of either the control or the contracting requirement is designed to facilitate greater system integration, improve service continuity and enhance services to the customer, andallow the Authority to invest in key strategic projects, such as integrated fares and ticketing, so as to grow patronage.The PTMA’s other objective is to ensure improved value for public subsidies. Recent years have seen significant subsidy inflation for seemingly little commensurate benefits. The Act will allow the Regional Transport Authority to achieve greater value for money through improved farebox, a shift to longer, larger contracts to increase competition in the market, a more appropriate allocation of risk, and the removal of the ability of operators to ‘game’ the current system by using strategically placed commercial services as barriers to competition.Similar concerns have also stimulated new legislation in the UK and this paper illustrates the parallels in the environment and proposed response.     

Sustainable procurement and environmental life-cycle costing in maritime transport

Transportation sector, including maritime transport, exerts significant environmental impact. Public procurement as a policy strategy instrument which applies to the purchase of transport means, construction of infrastructure and the provision logistic services in supplying the goods, services and executing of works must integrate environmental considerations in the contract award procedures. While conventional life-cycle costing (LCC) is based on four categories to be assessed e.g. investment, operation, maintenance and end-of-life disposal expenses, the environmental LCC method also takes into account the external environmental costs. The paper is focused on sustainable public procurement and environmental life-cycle costing aspects of EU 2014 Directive. Analysis is made of the real cost of procurement, the externalities and the impact of maritime transport sector on the environment. The purpose of this research is to propose the framework for assessment of integral impact on the environment which combines environmental LCC approach with TBL concept using non-monetary units for measuring externalities. The authors advocate clean and energy-efficient maritime transport ensuring effective implementation of environmental policy objectives and targets and emphasize the role of public authorities and entities in fostering the inclusion of environmental externalities in calculation of LCC.     

Factors Controlling the Development of the Aquaculture Industry in New Zealand: Legislative Reform and Social Carrying Capacity

The New Zealand aquaculture sector, consisting of mainly mussel, oyster, and salmon farmers, has been expanding over the last two decades. The increasing demand for water space for marine farming has prompted a process of community consultation and legislative reform resulting in the Aquaculture Reform Act 2004. Despite efforts to develop more effective legislation and improve the application process, marine farmers have often been relatively unsuccessful at gaining the water space that they desire for the expansion of the industry. However, social factors such as landscape and amenity values, recreational and navigational use, and alienation of public space are the most frequently cited reasons for the refusal of marine farm consent applications. An analysis of resource consent decision records from the past decade demonstrates this conclusion that the main factor limiting the further expansion of the aquaculture industry in New Zealand is the social carrying capacity, in the context of a period of legislative transition.     

Maritime economics in a Post-Expansion Panama Canal Era

Government recently introduced the Transport Law Reform Bill, which if passed by Parliament, will allow foreign vessels to uplift and discharge cargoes and passengers along the coast of New Zealand. Coastal shipping is part of the domestic transport industry, which has benefitted from deregulation and considerable restructuring over the last decade. This paper provides a brief review of the coastal shipping industry in New Zealand and an overview of international cabotage laws. An alternative open coast shipping policy proposed by the New Zealand Shipping Federation, which is based on ‘level playing fields’ principles, is presented. The scope of cost benefit analysis is outlined and the potential costs and the potential costs and benefits of the Government's open coast shipping policy are summarized. Despite the potential costs to New Zealand of an open coast policy appearing to be considerably greater than the potential benefits. Government officials have not undertaken an empirical cost benefit analysis. The paperr concludes that hte clauses of the Transport Law Reform Bill relating to an open coast policy should be withdrawn and a full empirical cost benefit analysis should be undertaken to determine the best coastal shipping policy for New Zealand.     

Recent developments in Flexible Transport Services

This paper focuses on recent experiences in the evolution of Flexible Transport Services (FTS). It describes how previous manifestations of FTS provided dedicated solutions for special groups, often in parallel to the conventional public transport network, but highlights that in numerous countries across Europe there is now a discernable trend towards open access FTS providing services for the whole community and often feeding the conventional public transport network to provide wider access and opportunities. This is as a result of policies intended to mainstream services for people with disabilities and moves to tackle social exclusion amongst other groups while at the same time reducing the very high costs per trip associated with STS.To meet these policies, and the higher expectations and different travel behaviours of citizens to-day, it is suggested that FTS will need to radically reposition itself in terms of scale, so that there is mass coverage and ability to function as a full transport mode. This will require breakthroughs in concepts; business models; organisational and operational models; and in supporting technologies. A proposed solution to this is the Flexible Agency for Collective Mobility Services (FAMS) which provides an organisational structure and business model for FTS that incorporates the required supporting technologies.     

Promoting social inclusion in a deregulated environment: Extending accessibility using collective taxi-based services

Bus based public transport has enjoyed revitalisation in many urban areas but outside large towns and cities its provision and quality remains erratic. Many rural settlements have infrequent services giving rise to social exclusion through transport disadvantage.The UK Government highlighted a need in Towards a Sustainable Transport System (2007) for radical new thinking on rural accessibility to help meet goals of quality of life and accessibility for all and to help meet the challenge in finding carbon friendly ways of meeting rural transport needs. This paper reports work undertaken for the Commission for Integrated Transport, an advisory body to UK Government, on how shared taxi-schemes could be developed within a deregulated environment to meet rural accessibility needs. This is based on an analysis of institutional barriers and comparison between successful mainland European schemes and UK schemes. The paper considers economic viability and the levels of subsidy currently used to provide accessibility in rural areas to show the potential for making current expenditure on rural transport in the UK ‘work harder’ to deliver a collective taxi-based service as part of the public transport mix so as to increase rural accessibility.     

The conflict between competition policy and the wider role of the local bus industry in Britain

Since the Transport Act of 1985, the local bus industry in Britain (outside London and Northern Ireland) has been subject to deregulation, removing previous restrictions on routes, service levels and fares. This also marked a reversal of the previous emphasis on co-ordination of services provided by different operators, and introduced competition law as applying to other industries to the local bus sector. This has been in conflict with other policy objectives aimed at stimulating greater use of public transport, such as harmonisation of ticketing systems. The underlying issues are examined, and recent changes in policy. The Local Transport Act of 2008 offers an opportunity to resolve some of these problems, and its application in Oxford is discussed as the first substantial example to date. However, a strong conflict remains between the role of competition agencies and other aspects of policy.     

Solving procurement problems in public transport: Examining multi-principal roles in relation to effective control mechanisms

Despite the EU’s increasing role in regulating public transport procurement, few studies have considered this aspect when analysing procurement problems of public transport. This paper examines how the institutional relationships between different actors, including international governmental bodies, in public transport effects the possibility of exerting control over a county public transport authority (PTA) in a multi-principal setting. The analysis is carried out using empirical material from an infringement process including a Swedish PTA and the EU. The conclusions have clear policy implications for the procedural order when exerting control over the PTA in cases of procurement problems. It is for example shown, that the implementation process would be much more efficient if the regulations allowed the EU to impose sanctions directly towards the local authorities without having to involve the national government when the procurement laws are violated.     

How much can public private partnership really do for urban transport in developing countries?

A few cities in some of the larger developing countries in Latin America and Asia have made increasing use of multi-year concessions or franchises, competitively awarded to private companies, for construction and operation of urban transport infrastructure and for provision of public transport services. In view of the strong prospective growth of developing-country cities with large transport needs, and the rise in the emerging economies of potential new sources of private capital, it is important to see how effective PPP has so far been in this area. The experience is analyzed principally by thorough comparative review of what has actually happened for some of the main users to date: Bogotá, Santiago, São Paulo, Seoul, and several cities in both China and India. Despite delays and mistakes that have been made in development of most of the projects, the overall results, already delivered and in prospect, are very positive and urban public transport is benefiting substantially, with significant side effects on poorer people's access to work and to services, air pollution levels and road accident rates. The widest and most important advantage of the PPP arrangements, as compared with more conventional short-term contracting, is found to be the innovations, technical and managerial, developed, and, in particular, the mutual capacity building of the countries' private and public sectors and their more effective interaction. The experience in the six countries covered suggests that other developing-country cities may be best assisted to develop sound urban transport PPPs more rapidly through provision of help on chosen items among 7 elements that have proved particularly crucial but sometimes weak in the projects reviewed: Civic consultation systems, Land-use/Transport strategic planning, Land/property market management, Monitoring systems, Progressive policies, Economic regulation, and Public institutional framework for PPPs.     

Workshop 3B: Governance,ownership and competition issues in deregulated (free market) public transport: Lessons that can be learnt from developed and developing economies

The past emphasis in this conference series has been on the best ways to deregulate regulated public transport markets. This workshop reverses this process by examining the best ways to regulate deregulated public transport markets. A hierarchy of regulatory needs is identified and three hybrid models examined, based loosely on experience from Great Britain, New Zealand and Sweden. It is argued that deregulated public transport markets are a global phenomenon but regulatory measures should reflect local requirements. The resultant process of glocalisation might result in regulatory measures that focus on the rules of law and their enforcement in emerging public transport markets (such as urban transport in Sub Saharan Africa and for the soon to be competitive inter urban market in Germany) but that focus on guidance for network integration and incentivisation for welfare maximisation in more mature public transport markets (as in Great Britain, New Zealand and Sweden).     

Flexible transport services: A new market opportunity for public transport

The term Demand-Responsive Transport (DRT) has been increasingly applied in the last 10 years to a niche market that replaces or feeds (usually via small low floor buses or taxis) conventional transport where demand is low and often spread over a large area. More recently, the concept of DRT as a niche market has been broadened to include a wider range of flexible, demand-responsive transport services and is increasingly referred to as Flexible Transport Services (FTSs). The contention of this paper is that well-implemented FTS has the potential to revitalise bus-based public transport services which are traditionally based on fixed networks with variable geographical coverage and levels of service.     

CZM in California: Successes and Challenges Ahead

California has a forty-year history of successful coastal zone management. The San Francisco Bay Conservation and Development Commission, the California Coastal Commission, and the State Coastal Conservancy have protected and made accessible hundreds of miles of shoreline. While each agency has played a critical role, this article focuses on the Coastal Commission. Implementing the California Coastal Act, the Coastal Commission has partnered with local government, other agencies, nongovernmental organizations (NGOs), and the public to concentrate new development in already developed areas, and much of the rural coastal zone looks as it did in 1972. The Commission has protected and expanded public shoreline access through its regulatory actions. Using strong ecological science the Commission has protected a wide variety of sensitive habitats and wetlands. And under the authority of the Coastal Zone Management Act, the Commission has reviewed thousands of federal projects to assure that they are consistent with the Coastal Act. Challenges continue, though, including population growth, sea-level rise, and inadequate funding to update local coastal land use plans to address new issues, such as climate change adaptation. New investment is needed at the national, state, and local level to continue the success of the California program.     

How optimal was the Sydney Metro contract?: Comparison with international best practice

The New South Wales (NSW) government created the Sydney Metro Authority to design, build and operate a completely separate underground Metro rail system to supplement the existing public transport network in Sydney. By the time the NSW government abruptly cancelled the entire Metro project in early 2010, the Authority had conceived and designed a contract that was proceeding to procurement. This paper compares the elements of the proposed Sydney Metro contract to findings of the literature on optimal contracting and optimal incentives and on PPP best practice. The paper concludes that the Metro seems to have at least implicitly drawn fairly heavily on best practices and principles, but that its ultimate failure to be implemented is an instructive lesson about how operating environment can impede integration of useful knowledge and experience.     

Regional fishery management councils: The federal perspective

Abstract

Under the Magnuson Fishery Conservation and Management Act of 1976, the federal government cooperates with states, the fishing industry, and public constituencies to regulate fisheries. This paper notes changes in U.S. fisheries over the last decade, remarks on the effectiveness of the Act, and makes suggestions for an improved fishery management process.     

Port Specialization and Efficiency—The Case of Ghana

The US Shipping Act of 1984 permits ocean liner vessel operators and shippers to make use of service contracts to further their mutual interests. However, starting from the very day this novel provision was incorporated into the Act, it has remained as a bone of contention between shippers and carriers serving US trade routes. This article highlights the major issues that have sprouted subsequent to the introduction of service contracts in ocean liner shipping. The author concludes with some logical suggestions to fine-tune the Act, without interfering with its legislative framework.     

Service contracts: a case study of unfulfilled promises

The US Shipping Act of 1984 permits ocean liner vessel operators and shippers to make use of service contracts to further their mutual interests. However, starting from the very day this novel provision was incorporated into the Act, it has remained as a bone of contention between shippers and carriers serving US trade routes. This article highlights the major issues that have sprouted subsequent to the introduction of service contracts in ocean liner shipping. The author concludes with some logical suggestions to fine-tune the Act, without interfering with its legislative framework.     

Hybrid urban transport systems in developing countries: Portents and prospects

Some South African cities have initiated public transport transformation projects which, in most cases, ultimately envisage the in toto replacement of paratransit operations with formalised BRT systems. There are two likely outcomes: (1) complex negotiations with existing operators and budget constraints will result in the in toto transformation occurring over an extended period of time; or (2) in toto transformation will simply not occur. In either case, cities will depend, for decades, on a ‘hybrid’ public transport system that combines both formal and paratransit operators. This paper presents a case for policy recognition of hybrid systems, and explores how such systems might best be managed. The following categories of hybrid public transport systems are explored through case studies: (1) transformative processes in which paratransit operators are to form or assimilate into companies to operate new services, but this incorporation has proved difficult to complete and the operational and regulatory frameworks remain unchanged; and (2) transformative processes that, from the outset, anticipated a hybrid system and designed the outcome accordingly. A third category of hybrid transport systems, defined as transformative processes that have been amended following a realisation that in toto transformation is unattainable, is also introduced and discussed. The paper concludes by tentatively drawing lessons for appropriate public transport regulation, particularly with respect to Cape Town's transformation project. It is argued that a review of the current national regulatory framework is required to enable possible project modifications that acknowledge system hybridity. It is suggested that regulatory frameworks that accommodate the likely hybrid nature of public transport system outcomes have greater prospects of success than frameworks that do not. Furthermore, it is argued that contextually appropriate and successful public transport transformation projects do not necessarily require the in toto substitution of incumbent paratransit operators, and that they can be integrated with, and complement, formal services.     

Regional fishery management councils and the display of scientific authority

Abstract

Natural resource management entities such as the Regional Fishery Management Councils established by the Magnuson Fishery Conservation and Management Act of 1976 depend heavily on science to inform policymakers and to legitimate the policy process. This paper discusses the importance of fishery science to the council system, contrasts the functions of Scientific and Statistical Committees (SSCs) serving the Pacific Fishery Management Council and the New England Fishery Management Council, and remarks on the implications of differences in the display of scientific authority by these SSCs.     

Public access to the shoreline: The Rhode Island example

Abstract

Competition for the use of our nation's shoreline has produced a thorough analysis of means to accommodate the increased demands of the public for access to the shore. The issue of public access in Rhode Island is considered at three levels. First, Rhode Island cases involving common law doctrines, such as the public trust, dedication, and so forth, are examined for their relevance. Second, the effect of the federal government in Rhode Island through the Coastal Zone Management Act and its amendments is studied. Finally, two types of state management programs are considered—a Commission for the Discovery of Rights of Way and the Coastal Resources Management Council.     

Service-oriented computing and model-driven development as enablers of port information systems: an integrated view

Port information management is considered a critical instrument towards enabling international transport and trade; thus, various forms of Port Information Systems (PORTIS) have been developed today, namely Port Community Systems, Terminal Operating Systems and Single Window systems. In Europe, the nautical information system SafeSeaNet is viewed as an important e-infrastructure. PORTIS systems are expected to evolve into next-generation technological platforms in order to offer a fully integrated digital environment to a multitude of maritime business actors and public authorities towards more efficient, safe and environment-aware transport and trade infrastructures and services. We propose service-oriented computing and model-driven development techniques as a robust PORTIS modelling and development approach. We present a reference model of PORTIS and a particular enabling methodological and technological framework. The proposed approach has been tested in a maritime single-window case.