Transport Scotland - Bus passenger safety governance and oversight information: FOI release

Information requested

Information relating to bus passenger safety, governance and oversight undertaken by Transport Scotland.

Your request was for the period 1 January 2019 to present.

Your request consisted of 5 sections we have responded to each one separately below.

Response

1. You asked for:

“Bus Safety Governance and Oversight Copies of any documents held that set out, describe, or evidence:

• governance, oversight or assurance arrangements for bus passenger safety
• roles and responsibilities for monitoring bus safety performance
• escalation, reporting or risk-management processes relating to bus safety.

This includes (but is not limited to):

• policies, frameworks, operating models or guidance notes
• committee terms of reference where bus safety is within scope
• internal briefings or officer guidance on bus safety responsibilities.”

Response to your request

Vehicle safety and standards are matters which are reserved to the UK Government and the Driver and Vehicle Standards Agency (DVSA). Driver and Vehicle Standards Agency - GOV.UK.

Some of the information you have requested is in Annex A.

Some of the information you have requested is available from Letter from Minister for Agriculture and Connectivity National Bus Travel Concession Schemes (Miscellaneous Amendment) (Scotland) Order 2026 28 January 2026. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

Some information is also exempt under section 30(b)(i) of FOISA (free and frank advice). This exemption recognises the need for Ministers to have a private space within which to seek advice and views from officials before reaching the settled public position.

This exemption is subject to the ‘public interest test'. Therefore we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption.

2. You asked for:

“Safety Data Held or Accessed

Details of what categories of bus safety or incident data are received or accessed by the Scottish Government / Transport Scotland (for example collisions, injuries, passenger falls, assaults or near misses), including:

• whether such data is received routinely, periodically or on request
• whether the authority can access safety data held by operators or third parties.

If no data is held, please confirm whether this is because data was never collected or because responsibility sits elsewhere."

Response to your request

The information you have requested is:

We do not collect data specifically on bus safety or incidents however all data on collisions which cause injury and take place on the public road network in Scotland is collected by Police Scotland as part of the GB-wide dataset known as STATS19.

Police Scotland share these records, where they relate to the trunk road network, with Transport Scotland on a monthly basis.

As these records relate to collisions where someone is injured or killed, and which become known to Police Scotland, we do not hold records relating to damage-only collisions or near-misses. Information on what data that is collected as part of STATS19 is set out on the Department for Transport’s website.

3. You asked for:

“Committees, Meetings and Reports

Please provide:

• agendas, minutes, reports or briefing papers from any committees, boards or working groups where bus passenger safety was discussed
• officer reports or presentations relating to bus safety performance or concerns.”

Response to your request

Some of the information you requested is provided in Annex A.

While our aim is to provide information whenever possible, in this instance we are unable to provide some the information you have requested because exemptions under sections 25 (1) otherwise accessible, 29 (1) (a) Formulation/ development of government policy, of FOISA applies to that information.

Some of the information you have requested is available from Letter from Minister for Agriculture and Connectivity National Bus Travel Concession Schemes (Miscellaneous Amendment) (Scotland) Order 2026 28 January 2026. Under section 25(1) of FOISA, we do not have to give you information which is already reasonably accessible to you. If, however, you do not have internet access to obtain this information from the website listed, then please contact me again and I will send you a paper copy.

An exemption under sections 29 (1) (a) of FOISA applies to some of the information you have requested. This information is relating to advice to Ministers on passenger safety on the bus network, release of this information would impede the formulation of government policy.

This exemption is subject to the ‘public interest test’. Therefore, taking account of all the circumstances of this case, we have considered if the public interest in disclosing the information outweighs the public interest in applying the exemption. We have found that, on balance, the public interest lies in favour of upholding the exemption.

We recognise that there is some public interest in release because there is interest in passenger safety on the bus network. However, this is outweighed by the public interest in ensuring officials are able to provide robust and detailed advice to Ministers.

4. You asked for:

“Incident Response and Assurance

Copies of any documents describing:

• how the Scottish Government / Transport Scotland responds to serious bus incidents or safety concerns
• how safety trends or risks are reviewed
• how concerns raised by passengers, staff or operators are escalated.”

Response to your request

Transport Scotland encourages concerns about safety in relation to bus services to be reported to the service operator, and with respect to vehicle safety, to the Driver and Vehicle Standards Agency: Driver and Vehicle Standards Agency - GOV.UK. Where appropriate incidents should also be reported to Police Scotland.

Additionally, as the trunk road authority, as standard policy with all fatal accidents, Transport Scotland arrange to meet at the accident locus with Police Scotland and our Operating Company to obtain more information on the incident and to identify if there is a need for a further road safety investigation. Each year Transport Scotland, through its Operating Companies, undertakes a review of collisions on the trunk road network to identify cluster sites, or routes with recorded collisions that may be worthwhile of further investigation. The screening process, together with a detailed understanding of collision trends around the network, results in a prioritised programme of sites that will be investigated further. This evidence-led approach ensures that resources can be targeted at locations where the greatest potential for casualty reduction is available. This approach has been successful in reducing casualties across Scotland’s trunk road network.

5. You asked for:

“Publication and Transparency

Please provide:

• any documents discussing whether bus safety data should be published, summarised or reported publicly
• any barriers, risks or constraints identified in relation to publication.”

Response to your request

While our aim is to provide information whenever possible, in this instance Transport Scotland does not have the information you have requested, as Transport Scotland does not collect such data as this is not one of its responsibilities.

However, you may wish to contact the DVSA at Contact DVSA - GOV.UK or the Traffic Commissioner for Scotland Office access and opening times - Traffic Commissioners for Great Britain - GOV.UK who may be able to help you.

As such, I hereby provide you with formal notice under section 17(1) of FOISA that the Scottish Government does not have the information you have requested.

Annex A

Title: Extract from email chain between Minister for Transport Private Office and Transport Scotland Official on bus safety responsibilities relating to bus fires
Request part: Part One

Extract:
04 Aug 2022 request:

“I would be grateful for some advice for the Minister on issue raised in the below articles. I appreciate there may be limits to TS’ remit here so happy to discuss but please could this include further information about bus fires, such as how many there are? Who is responsible for bus safety, and how are we kept appraised of issues and investigations? And finally, whether we require to take any action?

https://www.scotsman.com/news/transport/investigation-sought-after-spate-of-bus-fires-in-glasgow edinburgh-and-perthshire-3675828

https://www.scotsman.com/news/transport/bus-and-coach-fires-increase-scotland-must-be-thoroughly investigated-3076210”

09/08/2022 response:

“In response to your question about bus fires occurring in Scotland, you may be interested to know that there are approximately 4,400 buses operating across Scotland with an average age of 8.1 years (the Scottish Transport Statistics 2021 - Chapter 02 - Bus and Coach travel | Transport Scotland). Out of this, there were 13 incidents of bus fires out of 1,816 vehicle fires which were noted in the 2020/2021 Scottish Fire & Rescue Service Statistics Scottish Fire & Rescue Service (firescotland.gov.uk).

Bus and coach operators are required to hold Public Service Vehicle (PSV) licenses. The PSV licensing is reserved and is managed by the Traffic Commissioner, the main purpose of the regime is to ensure safe and proper use of vehicles. License holders have a legal responsibility to report accidental fires to the DVLA and the Vehicle and Operator Services Agency (VOSA).

The role of the VOSA is committed to ensuring that license holders of Heavy Goods Vehicles and Passenger Vehicles are compliant with the legislation relating to matters including driver licensing; drivers’ hours; roadworthiness; and the safe loading of vehicles. In the event of the following occurring:

• Fatalities
• Serious injuries to passengers
• Damage to the vehicle, or
• A vehicle catching fire

The license holder is required to notify VOSA of any failure or damage and must submit a written report to the agency, as they also have powers to investigate vehicles and undertake inspections of systems and maintenance records. The license holder must retain their maintenance records for at least 15 months to demonstrate that vehicles have been kept in a roadworthy condition. If VOSA finds there is a breach, then they may also instigate prosecution or refer the operator to the Traffic Commissioner where issues are investigated further. The Commissioner has several powers she can use where license conditions have been breached, this includes:

• putting conditions on licenses and limiting the number or type of vehicles or services which can be operated.
• imposing financial penalties, or
• suspending or revoking the operator’s license.

Details of enforcement actions taken by the Traffic Commissioner are published on their website PSV notices and proceedings for Scotland - GOV.UK (www.gov.uk). I hope this helps to clarify the present position.”

12/08/2022 Follow up:

“It seems the cause of these fires are not clear and while helpful to have the link to the general pages, it is not clear there are any enforcement action details. Are we able to say more about whether these had any links to equipment failure? What, if anything, needs to be done about potential systemic issues causing this?

SpAds have pointed to a possible lack of accountability in terms of how we would know if there were issues in design or equipment and if we are still giving grants to operators found to be lacking in terms of compliance.”

25/08/2022 response:

“Vehicle safety is a reserved matter that is dealt with by the Driver and Vehicle Standards Agency (DVSA). This had previously been a matter for Vehicle and Operator Services Agency (VOSA), apologies if the combined references to VOSA and DVSA in my previous email led to any confusion. Operators are required to report any safety incidents, including fires on buses to the DVSA, who initially engage with the operator to determine the cause of the fire. If the reason for the fire is not easily identified then the DVSA’s Vehicle Safety Branch will undertake a full investigation.

In a recent discussion with DVSA, we were informed that bus fires can occur due to a number of reasons, including manufacturing faults, equipment flaws, electrical issues as a result of converting diesel buses to electric, poor maintenance, etc. Where issues have been identified due to manufacturing faults, the DVSA liaises with the manufacturers to ensure that action is taken to correct the fault. However, sometimes it has been necessary for the DVSA to issue notices to make operators aware of any fire risks to certain equipment. For example, in April 2021, the DVSA issued a notice of fire risk to trace vehicles that were fitted with emissions control equipment by a company that went into administration in early 2021 and were unable to recall the equipment when the DVSA identified a fire risk linked to the electrical power supply.

Public Service Vehicle (PSV) holders have a number of legal responsibilities, including the legal requirement to inform the DVSA of any incidents, including vehicle fires. Failure to do so will result in regulatory action by the Traffic Commissioner. The Commissioner has several powers she can use where license conditions have been breached, this includes:

• putting conditions on licenses and limiting the number or type of vehicles or services which can be operated.
• imposing financial penalties, or
• suspending or revoking the operator’s license.

<redacted>

The Minister has a meeting with the Traffic Commissioner for Scotland who is responsible for both devolved and reserved legislation on Tuesday, 6 September and may wish to discuss the matter further.

Turning to your question about grants to operators, the NSG grant retains power of recovery (vary, deduct, withhold, immediate repayment), where grantee commits a default (fails to deliver the programme). Where the failure to deliver the programme is open to potential remedy, SM can provide written notice to Grantee requiring remedy of that breach, with subsequent failure to remedy leading to potential action.

There is no reporting ask relating to the above conditions (so NSG doesn’t in itself act as a monitor of operator performance or compliance on these matters. However, NSG (unlike BSOG) is subject to annual grant management (i.e. signing of a grant agreement each year) where the operator signs up to the Terms and Conditions of NSG. If ongoing compliance issues are identified, then operators entitlement to receiving NSG grant could be considered at that juncture in addition to the powers mentioned above that can be taken within the course of the granting period.”

Title: Extract of annex from briefing pack for Minister for Agriculture and Connectivity attendance at the Net Zero, Energy and Transport Committee Evidence Session (Jan 2026)

Request part: Part One and Three

Background

ANTI SOCIAL BEHAVIOUR ON BUSES

The Programme for Government set out a commitment to suspend and potentially withdraw free bus travel from any person of any age who doesn’t act responsibly when using their card. Legislation to deliver this was laid on 4 December 2025 to allow concessionary travel to be suspended or withdrawn for anyone who breaches a forthcoming code of conduct.

The legislation sets out the framework, but detailed reporting and suspension processes will be developed with bus operators and user groups. We expect the Code of Conduct to be published in 2026, setting out clear standards for respectful behaviour, following further detailed consultation with stakeholders.
Transport Scotland is also working with the bus industry and other key stakeholders to develop measures to improve safe and responsible bus travel. This includes considering the potential for enhanced education and travelsafety officers.

Bus operators can already restrict access to their services in line with their own conditions of carriage. These conditions of carriage apply to all bus users, whether they have access to the Scotland-wide free bus travel schemes or not and allowbus operators to remove, or refuse boarding, to any member of the public they consider to be in breach of their conditions.

The policy introduced in the Programme for Government does not specifically refer to young people and will apply to all our national free bus travel schemes, not just one scheme in particular, as antisocial behaviour is not age specific.

The intention is that a code of conduct would be added to the existing terms and conditions of the schemes, which already sets out some expectations for responsible scheme usage. The development of a process to suspend eligibility for free bus travel would help to improve the effectiveness of the behaviour code, but it should be proportionate and fair.

The policy does not propose to physically remove any National Entitlement Card (NEC) from an individual but only concerns the remote suspension of the concessionary travel element loaded onto the NEC.

Wider SG Work to Tackle ASB

The bus specific action is taking place in the context of wider Scottish Government efforts to improve community safety and reduce antisocial behaviour including through the Violence Prevention Framework for Scotland, the Cashback for Communities programme, and the provision of further funding to Police Scotland.

We will not succeed in reducing antisocial behaviour by focusing on a single mode of transport and neglecting the root causes of such incidents.

In Scotland we promote a preventative whole system approach to youth justice. Tiered systems support children and young people appropriately, constructively and effectively.

The Whole System Approach seeks to respond to offending behaviour as an indicator of need. This stops children being unnecessarily pulled into formal systems, instead promoting the use of universal services where appropriate.

Independent Working Group

The Independent Working Group on Antisocial Behaviour Report was published on 25 February 2025 and includes five actions related to transport. These align with actions currently under way by Transport Scotland and stress need for any card suspension process to be fair and robust.

Title: Extract of annex from briefing pack for Introductory Meeting between the Minister for Transport and the Traffic Commissioner for Scotland (September 2022)
Request part: Part One and Three

Bus Fires

Background

In the 2020/2021 Scottish Fire and Rescue Statistics, there were 13 bus fires reported in Scotland out of 1,816 vehicle fires.

Bus and coach operators are required to hold Public Service Vehicle (PSV) licenses. The PSV licensing is reserved and is managed by the Traffic Commissioner whose role is fundamentally about road safety through regulation. The main purpose of the PSV licensing regime is to ensure safe and proper use of vehicles. The Traffic Commissioner has several powers she can use where license conditions have been breached, this includes:

• putting conditions on licenses and limiting the number or type of vehicles or services which can be operated.
• imposing financial penalties, or
• suspending or revoking the operator’s license.

License holders have a legal responsibility to report accidental fires to the DVLA and the Driver and Vehicle Standards Agency (DVSA).

The DVSA is committed to ensuring that license holders of Heavy Goods Vehicles and Passenger Vehicles are compliant with the legislation relating to matters including driver licensing; drivers’ hours; roadworthiness; and the safe loading of vehicles. In the event of the following occurring:

• Fatalities
• Serious injuries to passengers
• Damage to the vehicle, or
• A vehicle catching fire

The license holder is required to notify the DVSA of any failure or damage, and must submit a written report to the agency, as they also have powers to investigate vehicles and undertake inspections of systems and maintenance records. The process for a PSV operator reporting a vehicle fire to DVSA has been updated to an electronic form which is known as the PSV112. This form details the reasons for reporting as highlighted above.

Work done by Traffic Commissioners during the pandemic

During the early stages of the pandemic, the Traffic Commissioners were made aware that some operators were unable to gain access to maintenance facilities. Working closely with the trade associations and DVSA policy teams, the Traffic Commissioners produced guidance which focused on a series of risk-based scenarios for operators who were unable to maintain their vehicles in accordance with their stated maintenance programmes. The initial guidance concentrated on the maintenance of essential services, and was later expanded to cover other areas as we moved out of the pandemic.

Reasons for bus fires

Bus fires can occur due to a number of reasons, including manufacturing faults, equipment flaws, electrical issues as a result of converting diesel buses to electric, poor maintenance, etc. Where issues have been identified due to manufacturing faults, the DVSA liaises with the manufacturers to ensure that action is taken to correct the fault.

Enforcement

All bus fires notified to the DVSA are followed up either remotely or by physical visits to the operator. Remote intervention would only take place with operators who are members of the DVSA’s Earned Recognition scheme. It is a voluntary scheme that is designed to work for operators of all sizes. The scheme is a way for the operator to prove that:

• they meet the driver and vehicle standards through continuous monitoring of their own compliance;
• using monitoring systems, and
• are compliant with vehicle and road safety standards.

A number of Scottish operators are members of this scheme including, Lothian Buses Limited; Lothian Coaches Ltd; Lothian Country Buses Ltd; First Aberdeen; First Scotland East Ltd, and Stagecoach North West.

During remote interventions the DVSA asks the operator to provide them maintenance records for the vehicle and any reports surrounding the incident. The license holder must retain their maintenance records for at least 15 months to demonstrate that vehicles have been kept in a roadworthy condition. If any deficiencies are identified the DVSA will seek reassurances that these are rectified.

Physical visits might involve an inspection of the vehicle, although this is seldom productive with bus fires as there is usually very little evidence left after the fire itself.

When vehicle examiners encounter a defective vehicle at the roadside, on an operator’s premises or at an approved testing facility, they may issue a prohibition notice or a vehicle inspection notice depending on the severity of the faults. A prohibition is a ban on the further use of the vehicle on a road. Prohibitions may take effect immediately or may be delayed for up to ten days, depending on whether there is an immediate danger to public safety.

Other sanctions available to DVSA Examiners at the roadside include the issue of a Fixed Penalty Notice in relation to roadworthiness defects. However, if the DVSA finds there are continued breaches, then they may also instigate prosecution or refer the operator to the Traffic Commissioner where issues are investigated further.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at https://www.gov.scot/foi-responses.