In 2008, the European Commission, stressing that bus and coach passenger’s protection is different from one Member State to another, proposed a draft regulation on the rights of passengers in bus and coach transport. The main aim is to create a set of rights for passengers using bus, on both domestic and international routes, similar to the rights introduced for airline and rail passengers.

The proposal is going through the ordinary legislative procedure (codecision procedure) with QMV required at the Council. Last July, the European Parliament voted on the proposal amending the Council’s common position. Then, the Council rejected the European Parliament's second-reading amendments, consequently a conciliation procedure has been launched. On 30 November the Council and the European Parliament reached agreement on the proposal, which still has to be endorsed by the MEPs and by the Council. The Regulation is expected to be adopted earlier next year and then, it will enter into force two years after publication in the EU Official Journal.

Adopting such proposal would result in better benefits for passengers of bus and coach services. However, operators would have increased costs for compensating passengers who have experienced delays or cancellation of a service. There would also be increased costs to operators from the requirement to provide information and to put in place systems to deal with complaints. The costs of compliance to operators are likely to be passed on to passengers in the form of higher fares.


The scope of the draft regulation has been the main contentious issue. The majority of the EU Member States, including the UK, argued that the scope of the proposed regulation should be limited to national long-distance and international regular bus/coach transport services, therefore local and regional services should be excluded. According to the Council's Common Position the draft regulation would apply to passengers travelling with national and international regular services, but member states would be allowed to exempt urban, suburban and regional regular services, including cross-border services of that type, from the scope of the Regulation, except from the rules on non-discrimination based on nationality or the place of establishment of the carrier as regards contract conditions and tickets prices and right to transport for disabled persons and persons with reduced mobility. Although the European Parliament agreed that Member States might exclude urban and suburban bus services from the regulation, the MEPs want to keep regional transport services. According to the European Parliament member states may only exempted, from the application of the Regulation, regional regular services, providing they are part of services integrated with urban or suburban services, including cross-border services of that type. According to the Council “Including regional transport into the scope, as proposed by the European Parliament, might pose problems both for passengers and for the industry.” In fact, having urban, sub-urban and regional transport within the scope of the regulation would infringe the principle of subsidiarity.

Under the compromise reached in the Conciliation Committee the regulation will apply to “all regular services for non-specified categories of passengers with a scheduled distance of more than 250 kilometres.” It was also agreed that “regular services over shorter scheduled distances” will be exempt from the scope of the regulation, except from rules on non-discrimination based on nationality, rules on information that must be given to all passengers, on their rights, before and during their journey and about their rights in terminals and online. The proposal requires terminal managers and operators to provide passengers with adequate information regarding the service before and during the journey. As well as rules on the right to transport for disabled persons and persons with reduced mobility, including  “the right to compensation for loss of or damage to wheelchairs or other mobility equipment.” The draft regulation provides that passengers with disabilities or reduced mobility may not be refused the right to board a bus or coach on the grounds of their disability or lack of mobility, except for reasons which are justified on grounds of safety and prescribed by law. It provides for special and free assistance for passengers with reduced mobility. Moreover, carriers would have to ensure that their staff responsible for providing direct assistance to disabled persons and persons with reduced mobility is trained on disability-awareness and disability-assistance. Furthermore, their staff, including drivers, who deal directly with the public, must be trained on disability awareness.

Moreover, according to the Council’s Common Position, the member states may also exempt domestic regular services from the application of the Regulation, with the exception of the abovementioned cases (discrimination provisions), for a period no longer than five years, which may be renewed twice. Member States would also be allowed to exempt international regular services of which a considerable part is operated outside the EU, for a period no longer than five years, which may be renewed twice. However, the European Parliament has deleted both provisions.

They agreed, therefore, on a transitional exemption period of four years, renewable once, for “regular transport links with countries outside the EU” and “for domestic regular services", with the exception of the abovementioned cases (discrimination provisions).

Under the draft proposal contract conditions and tariffs applied by bus and coach operators must be offered to the general public without any discrimination based on the nationality but without prejudice to social tariffs. According to the European Commission this provision is addressed at commercial operators, and it is not intended to prevent local authorities providing social tariffs to local residents using public money. It seems that the UK will not be required to provide concessionary travel to visitors from the EU which could have entailed significant cost to public finances.

The Commission has proposed rules on companies’ liability for passengers and their luggage, establishing harmonised standards. Operators would be liable for loss or damage resulting from the death, personal injury or mental harm to passengers caused by an accident. The Commission has not proposed to subject this liability to any maximum financial limit but under certain conditions the operator would not be able to contest damages up to €220,000 (£209,550). As regards larger claims, above EUR 220.000, the liability would be based on fault, but unlimited, where the accident was caused by circumstances unconnected with the operation of the service and which the operator could not have prevented, an operator would not be liable as well as in case of the accident being passenger’s fault or caused by their negligence. In case of injury or death caused by bus or coach accident, passengers or their families would be entitled to advance payments in proportion to the harm suffered, no less than €21,000 per passenger in the event of death. The industry believes that such provisions could have a significant impact, principally on the viability of local and regional bus services. The UK would have to change its practices on liability, chiefly as regards the provisions preventing an operator from contesting damages up to €220,000 (£209,550), unless the passenger was at fault as well as the requirement on the advance payments of damages prior to liability being established. Operators, in this way, may face higher costs through insurance premiums. The introduction of strict liability would have created a separate system in relation to determining liability and compensation for road traffic accidents which would have caused uncertainty in UK law. In fact, Member States have different liability regimes which, according to the Council, prove impossible to reconcile. The Council has, therefore, amended the Commission’s proposed liability provisions and it has removed from the text the provision on strict liability. The Council agreed that the issue of liability should be dealt with and in accordance with national law. However, the national law ceilings for compensation must not be lower than the minimum amounts established in the regulation. The Member States agreed on a minimum threshold of EUR 220 000 per passenger in case of death or personal injury, EUR 500 in case of loss of or damage to luggage, with regard to urban, suburban and regional services, and EUR 1200 with regard to other regular services. However, according to the European Parliament “The non-contractual liability of carriers for damages shall not be subject to any financial limit, be it defined by law, convention or contract.” Moreover, the MEPs reintroduced the provisions proposed by the Commission on damages and liability for lost and damaged luggage which have been deleted by the Council. Hence, in case of death, the damages as regards the liability above-mentioned would comprise costs such as funeral expenses. In case of physical injuries or mental harm, the damages would comprise treatment costs as well as compensation for financial loss. As regards liability for lost and damaged luggage, carriers would be liable to up to €1,800 per passenger.

The Conciliation Committee has follow the Council position, hence the issue of liability would be dealt with and in accordance with national law, but the national law ceilings for compensation must not be lower than the minimum amounts established in the regulation. They agreed on a minimum threshold of EUR 220 000 per passenger in case of death or personal injury, and EUR 1200 in case of loss of or damage to luggage whereas any damage to “assistive devices” must be fully compensated.

Bus and coach passengers would also be entitled to assistance as regards their immediate practical needs following an accident. The Council’s common position has made clear that this assistance would not constitute recognition of liability. The Member States were concerned with the cost implication of this provision for industry, particularly to local bus services, hence “In the event of an accident arising out of the use of the bus or coach, the carrier shall provide reasonable assistance with regard to the passengers' immediate practical needs following the accident.” However, the European Parliament has deleted the wording “reasonable assistance”, moreover it specifies that such assistance must include “first aid, accommodation, food, clothes, transport and funeral expenses.” Furthermore, in case of death or personal injury, carriers would be required to make advance payments aiming at covering immediate economic needs. This represents, in fact, considerable benefits to passengers but it would increase administrative and financial burden for bus and coach operators.

The Conciliation Committee has agreed to provide assistance to passengers, following an accident, as regards their “practical needs” including “food, clothes, transport, the facilitation of first assistance, and accommodation up to a limit of EUR 80 per night and per person for a maximum of two nights.”

In case of cancellation or delayed in departure, of a regular service, for more than two hours, passengers would be offered the choice to continue or re-route to the final destination, under similar conditions, or to a reimbursement of the ticket price from the carrier. According to the European Parliament, passengers shall also be entitled to compensation of 50% of the ticket price if the carrier has not offered alternative transportation. The Council has agreed on a different treatment as regards passengers departing from terminals and passengers departing from bus stops, as it would be impossible to provide, in a bus stop the same level of assistance and information on delays as in a bus terminal. If there is cancellation or a delay of more than two hours, in a departure from a terminal, on journeys scheduled to last over three hours, the carrier will be required to offer passengers meals or refreshments. The MEPs have amended this provision proposing a delay of more than one hour. Moreover, whereas the Council’s common position provides that carriers must assist passengers to find a hotel room or other accommodation, under the European Parliament’s amended text carriers would be under the obligation to provide accommodation, in case of cancelled or delayed departures. The European Parliament amendments related to compensation and accommodation would entail further liability for bus and coach operators and would create an excessive burden.

The Conciliation Committee agreed, in line with the European Parliament’s proposal, that in case of cancellation or delayed in departure for more than two hours, passengers would be offered the choice to continue or re-route to the final destination, under similar conditions, or to a reimbursement of the ticket price from the carrier. Passengers would also be entitled to compensation of 50% of the ticket price if the carrier has not offered alternative transportation. The regulation provides for exemptions just in the event of natural disasters or extreme weather conditions. Moreover, if there is cancellation or a delay of more than 90 minutes on journeys scheduled to last over three hours, the carrier will be required to offer passengers meals or refreshments and “hotel accommodation up to a limit of EUR 80 per night and per person for a maximum of two nights, where necessary”, except in the event of severe weather conditions and major natural disasters.

The proposal includes provisions requiring Member States to designate bodies responsible for enforcing the regulation and for handling complaints from passengers. Member States would be also required to introduce “effective, proportionate and dissuasive” penalties for infringements of the regulation. There are doubts whether actively enforcing and imposing penalties in respect of all aspects of the regulation would be beneficial.