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copyright 2002 by the ARTS Consortium. ARTS is a project within the fifth framework programme of the European Union - competitive and sustainal growth.
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 Legal/Regulatory Barriers include all barriers that have a legal or regulat ory dimension which may prevent or deter the process of designing/planning and implementing new and more flexible transport services. Legal and regulatory barriers subsumed under this Framework Category include restrictive legislation which influences the design of an innovative transport service negatively by
excluding special operators or essential parts of the new services (e.g. the combination of different kinds of transportation is prohibited). Of course, it is not only the existence of a law or regulation that may be an obstacle but also the lack of it. Another very important issue worth remarking on is the
application of licences and operating concessions, that may hinder new transport services. This includes both the coverage of the licences and operating concessions and the entrance criteria for obtaining them. A further question is whether competitive conditions and poor market conditions influence the introduction of innovative transport services negatively. This is of essential importance for operators trying to enter the market who may face a full or partial monopoly or difficulties inherent in the procedure for public invitation to tender. |
>> Legal or Regulatory Framework
>> Licences / Concessions
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In most of the participating countries, national legal and regulatory frameworks only take into account conventional public passenger transport whereas innovative transport services are rather neglected. In some cases the legal framework restricts or prohibits the integration of regular and special services or the combination of passenger and freight transport (multi-purpose transport services). This situation forces operators offering innovative services to operate in a legal grey or to operate with ‘special authorisation’.
A further problem is, that the passenger transport market in many countries is regulated very rigid and market access for new private operators is confined by strict rules of competition, traditional structures, and a divided market which does not favour new competitors. The markets are often divided and the status-quo defended, so that new operators have hardly any chance of entering the market. In many European countries the transport market is fragmented and dominated by the state or by state-controlled organisations with quasi-monopolistic positions. Besides, the traditional public transport market is not attractive enough to draw large amounts of private capital and bring in many private operators.
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>> Finland
>> Greece
>> Hungary
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| If you want to know more about this Barrier and how to overcome it, please feel free to download our Handbook. |
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