Transport Act 1985

Product Information

Permits and discs granted on or after 6 April 2009 will have an expiry date and will be valid for a maximum of 5 years. Permits and discs granted before 6 April 2009 don’t have an expiry date and will remain in force until further notice. Conditions and revocation Local authorities are also designated bodies and may issue permits to their own departments and to:

The power to impose a penalty only arises where the traffic commissioner is satisfied that the operator has operated non-compliantly, ‘without reasonable excuse’. In other words, the existence of a reasonable excuse will prevent the traffic commissioner from imposing a penalty. The traffic commissioner is given discretion as to whether or not to impose a penalty (see 2012/015 First Manchester Ltd). Where an operator applies for the period of notice to be abridged and relies on circumstances which could not have been foreseen, the test is not to be applied to the situation as at the date when the application for short notice cancellation is actually made. The test has to be applied at an earlier stage, namely at the date on which the operator would have made the application if he had been able to foresee the events which were not reasonably foreseeable (see 2009/030 Pilkingtons Accrington Ltd trading as King Transport). disabled persons - for this purpose, a person is disabled if he or she has a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities Whether the exemption is satisfied will be determined on the basis of a multi-factor assessment by a permit issuer having regard to all of the principles and considerations set out in the judgment as well as any other relevant considerations and should be decided on a case by case basis. You’ll need to supply further information with your application if your organisation wishes to have a permit permitting the carriage of persons in Class E or Class F. For Class E you should clearly state what the local community is - for example it may be residents of a village or group of villages, or other isolated rural communities. Failure to supply enough information may lead to a delay in processing your application or even its refusal. Section 19 permits and isolated communitiesAs a permit holder you have a responsibility to make sure that your services are operated within the law, with vehicles properly maintained and using drivers with the appropriate qualifications. You should discuss with the body that issued the permit or with DVSA if you’re in any doubt about your obligations in operating your vehicles safely and legally, or your ongoing entitlement to operate under the permit. 2. Types of permit It is not possible to provide a precise definition of what does or does not amount to a reasonable excuse. Instead we intend to set out factors that should be taken into account and others which cannot be taken into account. The weight to be given to any factor will, of course, depend on the facts of the individual case (see 2012/015 First Manchester Ltd). However, the judgment does not completely preclude cross-subsidies. For example, if an operator providing rural bus services is doing so for the sole purpose of social welfare, then the fact that some routes are profitable whilst others are not does not prevent it from falling within the non-commercial purposes exemption, despite an element of cross-subsidisation between different routes. Operators not permitted to hold an ‘O’ licence and a Section 19 or 22 permit

The last example (Example 5) shows evidence of an organisation not meeting the criteria for the ‘main occupation’ exemption: Deregulation also led to firms being able to charge any fares they wish, run routes, and freely enter and leave the market. [4] This was accomplished by reducing the amount of subsidies local governments could provide for services. [4] Transport Act 1985: Privatisation (Part II) [ edit ] European Union ( EU) Regulation 1071/2009 governs access to the occupation of road passenger transport operator. The Transport Act (Amendment) Regulations 2019 require all operators using or applying for a permit to meet one of the exemptions to EU Regulation 1071/2009, before satisfying the not-for-profit and other criteria set out in the 1985 Act.The application of a penalty (financial or otherwise) is likely to be most appropriate where an operator makes little or no effort to run reliable and punctual services, or shows a flagrant disregard for compliance or fair competition. The legislation automatically recognises as a ‘short distance’, save for occasional special services (for example day-trips), either:

fares are set at a level intended to meet running costs (which can include depreciation) but not to generate a profit The following examples demonstrate some of the considerations involved in meeting the criteria for the ‘main occupation’ exemption, example: Your permit and disc are important documents and should be kept safe. You should notify whoever issued it and ask for a replacement, if a permit is lost or destroyed (or becomes defaced or faded). The originals must be returned to the issuing body immediately if you later find it.

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This also applies to small vehicles being used under a section 19 permit. Permit holders who use small vehicles must inform their insurers that the vehicle is being operated for hire or reward but that it’s exempt from PSV operator licensing. 6. Once a permit has been issued 6.1 Tendering for contracts Coaches and minibuses first used prior to 1 October 2001 which are used to carry children aged 3 to 15 years on organised trips must provide each child with (as a minimum) a lap belt on a forward facing seat. Public transport type buses (ie those designed for urban routes carrying standing passengers) are not required to have seat belts fitted. establish a full and regular dialogue with local authorities and other relevant parties (such as utility companies) to ensure that advance notice of potential disruption to services (such as road works) is received; Sections 7 and 8 of the TA 1985 enable a traffic commissioner, at the request of the traffic authority, to attach traffic regulation conditions to an operator’s licence if the traffic commissioner is satisfied that they are, or are likely to be, required in the interests of safety or to reduce severe traffic congestion or reduce or limit noise or air pollution in a particular area. Traffic commissioners have the power to issue permits under section 19 and section 22 in respect of all types of vehicle which can be used under the relevant permit.

You are advised to read the Department for Transport’s Code of Practice The Safety of Passengers in Wheelchairs on Buses which can be obtained from the Department for Transport (0300 330 3000). 7.3 Vehicles used under a permit Vehicle Size The value of hearing all the relevant evidence and submissions at public inquiry is long established and traffic commissioners are careful to ensure that each case is dealt with on its own facts. A case that may appear to be very serious from an initial reading of the submission can in fact turn out not to require severe regulatory action once all the evidence has been heard. Conversely, a case that initially appears not to be serious can then in fact require severe regulatory action. A Certificate of Initial Fitness is a certificate that confirms that a vehicle has been built or adapted to meet the requirements of the Public Service Vehicles (Conditions of Fitness, Equipment, Use and Certification) Regulations 1981. It is issued by a DVSA certifying officer when the vehicle meets all the relevant PSV requirements. Where seatbelts are fitted, it’s also a legal requirement that drivers must use them. There are no exceptions to this unless the driver holds a medical exemption from a doctor - a Certificate of Exemption from Compulsory Seat Belt Wearing. Small permit vehicles

Changes over time for: Introductory Text

A vehicle being used under a section 19 permit must not be used to carry members of the general public. Each section 19 permit, and corresponding disc, will indicate the particular classes of persons who can be carried. Each permit and disc will specify one or more of the following classes of person: keep a record of any matters that affect the reliability of services and details of the remedial action to try and mitigate the impact; You can apply for as many permits as you need. You need a permit for every vehicle that you’ll operating at any one time. Each vehicle must display the disc that relates to the permit in the windscreen. For example, if you want to operate 3 vehicles at the same time, you must have 3 permits. You can apply for more than one permit on an application form. You can apply for more permits at any time, if your needs change and you want to operate more vehicles. non-discrimination and mandatory assistance for disabled persons and persons with reduced mobility; An organisation’s main occupation cannot be simply inferred by reference to their constitutional documents, though these may be relevant alongside other evidence.