The integration of alternative mobility services into the provision of public transport in Austria: Legal aspects

Abstract

Studies show that alternative mobility services such as car, bicycle and E-scooter sharing, carpooling or on-demand microtransit services can contribute to the transformation towards sustainable mobility: as a way of supplementing local public transport on the last mile they have potential to reduce motorized private transport and greenhouse gas emissions. However, in order to realize this potential, a coordinated strategy and integrated planning for the different types of mobility services is necessary. A look at the mobility sector in Austria shows that there has been a lack of such planning so far. Although numerous different services, referred to as "new" mobility services, have been provided by various operators for quite some time, they have not yet become established on the market on a broad and comprehensive scale. In Austrian transport law, alternative mobility services currently have hardly any legal basis at all. A classification within the existing legal framework is hardly possible, as discussions that have been going on for years show. While in Germany, for example, approaches to a legal definition have already been found (e.g. Carsharing Act, new legal basis of on-demand transport in the Passenger Transport Act), in Austria there continues to be legal uncertainty for operators with regard to market access regulations. On the other hand, there is also a lack of legal foundations for an integration into the public transport system - which is essential for these services to be able to contribute to making mobility sustainable and at the same time ensuring that mobility needs are met. Mass transportation services provided by the public sector stand in contrast to alternative mobility services, predominantly offered privately, by non-profit associations or municipalities and often relying on voluntary engagement. In Austria, the current system for planning, organization and financing established by the law only applies to the conventional public mass transport services, is complicated in detail and characterized by fragmented responsibilities of different authorities. Transport associations play a key role in this system and, together with the transport operators, take on the task of coordinated service planning and setting tariffs. Alternative mobility services remain mostly outside of this system. As a result, considerable potential is not used, which would exist through a better link with regular transport, through integration into the tariff systems, etc. The increasing diversity of actors in the interplay of private and public actors and the aspect of multimodal mobility are not sufficiently reflected in this system and the corresponding legal foundations. It is the task of the law to provide a reasonable framework for alternative mobility services and make their integration possible. Therefore, it is necessary to analyze the legal possibilities for integration into the system of planning and organizing and for improving cooperation between different actors. In this regard, cross-cutting issues such as the availability of infrastructure for alternative mobility services (e.g. mobility hubs), technical possibilities of coordination through digital platforms, but also the linking with other systems closely related to mobility (especially housing and work) also need to be considered. Starting from an analysis of the current legal basis possibilities should be outlined for creating a holistically conceived legal framework for integrated planning of a new "public mobility" as a mix of traditional public transport and new mobility services.