Dwarfer1979
Member
The actual wording is along the lines of whether the vehicle operating the service is part of the attraction itself so any open topper operated service could be covered which is why most are excluded from ENCTS schemes. The important bit to remember is that the operator doesn't get to determine if a route is in the ENCTS scheme if it is registered as a local bus service (which you would do to claim things like BSOG), it is entirely within the decision of the council to decide whether it should be included. There is also an option to exclude services where the fare is higher than the average bus fare which would also catch a number of these.For ENCTS, the question is generally around whether the service includes additional extra features. So a tour bus that offers a full audio guide to the sights doesn't have to accept free passes, but a regular service that just happens to use open-top buses but doesn't do anything different to other buses does have to accept them. I would expect a similar model to be used for inclusion in franchising. (Of course, it isn't going to be quite as simple as that, because P&R services are not statutorily included in ENCTS if the bus fare is deemed to include a contribution to the car parking arrangements, but they would undoubtedly be included in any franchise arrangements).
There is nothing to stop a Local Authority from including open top or tourist services within a franchise scheme but the council would have to justify expending money, resources and attention towards a service targeted at tourists over services for taxpayers when there are private operators willing to operate (though they could argue that if they are highly profitable that they bring in revenue to support wider services though highly seasonal services probably aren't as profitable as they appear once all the costs carried are properly factored in).