Information regarding bus red light running compliance with Partnering agreement
From: Hugh Davenport
Dear Wellington Regional Council,
Attention Margaret Meek
I've had a few responses from GWRC in regards to policies that GWRC/Metlink have in regards to dealing with "red light running". In your recent response (https://fyi.org.nz/request/9461-informat...) and previously (https://fyi.org.nz/request/9247-informat...) you mention that the bus operators have their own policies, and that you (GWRC) "do not hold" this information. Taking aside s 2(6) of the LGOIMA, I'm a bit concerned that GWRC seem to not have any oversight into how the operators deal with red light runners. I still also find it very unusual that you have clear oversight on instances dealing with trains, but no oversight when it comes to buses which are likely to have more occurrences dealing with at risk road users (such as cyclists, pedestrians, etc) due to the more frequent, and public sharing nature of their transit.
Having read through your Partnering Contracts with the bus operators (https://www.metlink.org.nz/assets/Upload...), section 14.1 requires the operator to perform in accordance with the law (14.1.1) (pages 35-36 of that document). Noting the Land Transport (Road User) Rule 2004, section 3.2 (5), and the footage supplied to GWRC, and confirmed by GWRC in person when I met with you last month. Everyone at that meeting agreed that some buses had indeed broken the law as it stands in that Act, and there may also be concerns about the Health and Safety at Work Act. These breaches of the Law's defined by these Acts's seem to be in breach of the Partnering Contract.
Looking at page 109 of that document, clause 54.1.2 (d), and 54.1.3 (a), I see that there is the ability to terminate the Partnering Agreement based on a "serious risk to the health and safety of persons or property". This term has been used in various correspondence with myself and Metlink/GWRC, noting that Metlink acknowledge that the act of running a red light is a serious risk. I would hope that GWRC think very carefully about whether this termination should be performed.
In addition, viewing Schedule 4 of the Partnering Agreement (https://www.metlink.org.nz/assets/Upload...), section 2.1 (page 63-64 of that document), clearly lists the Land Transport (Road User) Rule, and the Health and Safety at Work Act.
Given GWRC's responses that my complaints in particular are not being dealt with on an individual case (noted in OIA 2018-379), and that GWRC "do not hold" the procedures relating to red light running (noted in both OIA 2018-379, and in OIA 2019-019), how is it that GWRC can be assured that the bus operators will attempt to cease breaching the Partnering Contract, and breaching the law. I note this as I have continued to see these breaches, and it has appeared that Metlink are not actually doing anything substantial to improve the occurrence of these breaches (as per OIA 2018-402 (https://fyi.org.nz/request/9309-informat...) and OIA 2018-379).
So, can GWRC please outline how they get assurances that any breach of the Partnering Agreement section 14.1, and section 2.1 of Schedule 4, is dealt with in a satisfactory manner, and that any further breaches will be kept to a minimum (ideally no breaches). Note that this is in respect of you "not holding" any details of the operators procedures, and appear to not have done anything towards the "Red light campaign" that was suggested in response to my complaints.
In addition, at what point would GWRC actually terminate the contract based on these breaches, as laid out in clause 54.1.2 (d), and 54.1.3 (a) of the Partnering Agreement?
From: Alice Clark
Wellington Regional Council
Dear Hugh Davenport,
Acknowledgement of Request for Information under the Local Government
Official Information and Meetings Act 1987
Thank you for your email dated 25 February 2019, requesting information
regarding breach of the Partnering Agreement section 14.1, and section
Your request is being followed-up and a reply will be sent to you within
20 working days of the request being received.
Greater Wellington Regional Council
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